查谟和克什米尔邦雇员国家保险计划的运作:一个实证研究

Nayeem Ahmad Bhat
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引用次数: 0

摘要

1948年的《雇员国家保险法》(ESI Act)是一项社会福利立法,旨在为土地上的贫困工人阶级带来社会和经济正义。它的主要目的是劳动福利。但劳动福利是一个有弹性的术语,根据不同的社会习俗、工业化程度和劳动者的教育发展程度,在不同的国家有不同的解释。印度政府调查委员会倾向于将雇主、政府或其他机构为工人的智力、身体、道德和经济改善所做的任何事情包括在福利活动中,这些活动超出了法律规定或通常预期作为工人讨价还价的合同福利的一部分。劳动福利是一个非常全面的术语,包括国家、雇主和工人协会为提高工人的生活水平和促进他们的社会和经济福利所采取的一切措施。这些福利活动需要大大扩大,以便涵盖每一个工厂、工业、矿山、工厂和通讯等部门的工人。应该规定一个明确的最低福利标准,所有雇主都必须遵守。虽然受保险的工人享有该法案所允许的以疾病、生育、残疾和家属津贴的形式提供的金钱福利,但医疗援助和健康保险的扩大仍处于初级阶段。建立设备齐全的医院为工人提供现成的医疗设施是一个遥远的梦想。同样,产假和受抚养人津贴也证明是无效的。同样,该法规定的福利也没有扩大到基本上分散在农村地区的季节性工厂。这种扩展与整个国家的农村保健计划密切相关。除非农村地区的生活不仅得到改善,而且变得有吸引力和更安全,有更好的生活和发展能力的前景,否则任何全国性的保健计划都将是徒劳的。现在是重新考虑该国经济和发展规划的时候了。为此目的,规划必须与国家的动植物和我们的文化遗产保持一致。为了适当执行社会保障计划,包括该法案所规定的计划,必须在整个社会中制订适当的教育方案和意识。与此同时,工业家、工会会员和以人道主义为基础的政府雇员干部的积极合作。在本实证研究中,研究者试图分析雇员国家保险计划(ESI)在查谟和克什米尔邦的工作和实施情况,并针对某些关键领域制定解决方案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Working of Employees State Insurance Scheme in the State of Jammu and Kashmir: An Empirical Study
The Employees’ State Insurance Act (ESI Act) 1948 is a social welfare legislation which aims at bringing social and economic justice to poor labour class of the land. Its main purpose is labour welfare. But the labour welfare is an elastic term bearing somewhat different interpretation in one country from another according to different social customs, the degree of industrialization and the educational development of the workers. Investigation committee of the Government of India has preferred to include under welfare activities anything done for the intellectual, physical, moral and economic betterment of workers whether by employer’s, by government or by other agencies, over and above what is laid down by law or what is normally expected as a part of contractual benefits for which workers have bargained. Labour welfare is a very comprehensive term and includes everything undertaken by the state, employers and association of workers for the improvement of workers’ standard of living and the promotion of their social and economic well-being. These welfare activities need to be considerably extended so as to cover workers of every factory, industry, mines, plants and communication etc. A definite minimum standard of welfare should be laid down, which has to be observed by all employers. While the insured workmen avail of the pecuniary benefits allowed under the Act in the form of sickness, maternity, disablement and dependents benefit, the extension of medical aid and health insurance is still in a state of infancy. The establishment of well-equipped hospitals for ready medical facilities to workmen is a far off cry. Likewise, maternity and dependent benefits have proved to be ineffective. Similarly, the benefits under the Act have not been extended to seasonal factories which are, by and large scattered in the rural areas. Such an extension is vitally connected with the rural health scheme in the country as a whole. Unless the living in rural areas is not only improved but is made attractive and safer with a better prospect to live and develop their faculties, any health scheme on nationwide basis would be an exercise in futility. It is time to have a rethinking over the economic and development planning in the country. For this purpose, planning has to be in keeping with the flora and fauna of the country and to our cultural inheritance. For proper implementation of social security schemes, including those provided under the Act, a proper education-programme and consciousness in the society as a whole is necessary. Coupled with this is the active cooperation of industrialists, trade unionist and humanitarian based cadre of government employees. In the present empirical study, an attempt has been made by the researcher to analyze the working and implementation of Employees State Insurance Scheme (ESI) in the State of Jammu and Kashmir and to formulate solutions to certain key areas.  
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