With reference to casual workers employed in India, consider the following statements :
1. All casual workers are entitled for Employees Provident Fund coverage.
2. All casual workers are entitled for regular working hours and overtime payment.
3. The government can by a notification specify that an establishment or industry shall pay wages only through its bank account.
Which of the above statements are correct?
The correct answer is (B) 2 and 3 only.
Explanation:
Statement 1 is not correct: Casual workers are engaged by various Ministries/ Departments and their attached and subordinate offices for work of casual or seasonal, or intermittent nature. They are engaged according to the requirements of different Ministries/ Departments/ attached/subordinate offices. All casual workers are not entitled to Employees Provident Fund coverage. There are certain conditions which need to be filled. Statement 2 is correct: Holding that an employer cannot differentiate between contractual and permanent employees, the Supreme Court ruled in 2020 that casual workers are also entitled to social security benefits under the Employees' Provident Fund. So, all casual workers are entitled to regular working hours and overtime payment. Statement 3 is correct: The Payment of Wages Act, 1936 has been amended by the Payment of Wages (Amendment) Act, 2017 (effective from 28.12.2016) to enable the employers to pay wages to their employees by (a) cash or (b) cheque or (c) crediting to their bank account. The amendment in the Act also enables the appropriate Government to specify the industrial or another establishment, by notification in the Official Gazette, which shall pay to every person employed in such industrial or another establishment, the wages only by cheque or by crediting in his bank account.
हिंदी में प्रश्न एवं आदर्श उत्तर
भारत में नियोजित अनियत मजदूरों के संबंध में, निम्नलिखित कथनों पर विचार कीजिए :
1. सभी अनियत मजदूर, कर्मचारी भविष्य निधि सुरक्षा के हकदार हैं।
2. सभी अनियत मजदूर नियमित कार्य-समय एवं समयोपरि भुगतान के हकदार हैं।
3. सरकार अधिसूचना के द्वारा यह विनिर्दिष्ट कर सकती है कि कोई प्रतिष्ठान या उद्योग केवल अपने बैंक खातों के माध्यम से मजदूरी का भुगतान करेगा।
उपर्युक्त कथनों में से कौन-से सही हैं?
सही उत्तर (B) 2 and 3 only है।
व्याख्या:
Statement 1 is not correct: Casual workers are engaged by various Ministries/ Departments and their attached and subordinate offices for work of casual or seasonal, or intermittent nature. They are engaged according to the requirements of different Ministries/ Departments/ attached/subordinate offices. All casual workers are not entitled to Employees Provident Fund coverage. There are certain conditions which need to be filled. Statement 2 is correct: Holding that an employer cannot differentiate between contractual and permanent employees, the Supreme Court ruled in 2020 that casual workers are also entitled to social security benefits under the Employees' Provident Fund. So, all casual workers are entitled to regular working hours and overtime payment. Statement 3 is correct: The Payment of Wages Act, 1936 has been amended by the Payment of Wages (Amendment) Act, 2017 (effective from 28.12.2016) to enable the employers to pay wages to their employees by (a) cash or (b) cheque or (c) crediting to their bank account. The amendment in the Act also enables the appropriate Government to specify the industrial or another establishment, by notification in the Official Gazette, which shall pay to every person employed in such industrial or another establishment, the wages only by cheque or by crediting in his bank account.