Healthy Workplace Should be a Right & Not a Privilege
Author: Shristi Singh, Amity University
This article studies about “Global Program on Employment Injury Insurance (GEIP)”, following that this article include that what exactly the term employment means and what are the various duties of the employer towards their employee to make the environment of workplace healthy so that the work given by employer to employee should not feel like burden to them instead they will work much efficiently to benefit the company in larger. I will also state the right of the employee in workplace by the law and various act that was made by government for the benefit of the employee and what are the impacts of GEIP on the workers & at last I will refer a case related to it.
Before we discuss about Global Program on Employment Injury Insurance Protection (GEIP ) , let us first understand what “employment” means. Employment is a paid work agreement between employer and an employee . The employer is one who typically control what employee does and where the employee is supposed to work.
The main objective of these employments are to secure a challenging position in a reputed organization to expand the knowledge and skills while making a significant contribution to the success of company and ultimately to earn and complete the respective goals .
Section 19 (1) of the Occupational Safety and Health Act, 1984 . as per this section an employer has responsibility to provide and maintain a safe working environment. This is called the employer’s duty of care and it applies regardless of the term or type of employment and includes casual worker.
Employment Injury :
Employment injury benefit schemes basically help the worker to be benefited in cash and in cases of work related accidents and occupational diseases and various other challenges faced by employers at their workplace. This says that employers are not only responsible for ensuring working condition but also to secure the effective compensation of workers for the loss of income suffered as the consequences of an accident or occupational diseases, health care facilities that covers proper medical facilities, that’s the reason why in early stage the non – adversarial scheme was introduced to ensure the injured workers and their depended timely received timely provisions of benefits, establish predictable and sustainable financing mechanism for efficient administration of funds. Almost national employment injury schemes have a set of wider aims, such as the re employment of injured or sick workers and maintaining decent level of safety and health in the workplace . These objective can only be achieved only if there is a high level of policy integration, not only between the various branches of social security schemes but also in between the policies relating to labor markets, labor inspection , safety and health purposes.
Major Steps Taken By The Government
Recently an Act came into existence that is Employee’s Compensation Act Rule change 2020 , Before 2010 , it was known as Workmen ‘s Compensation Act. It basically provide for compensation to an employee who dies or who is partially or totally disable due to the accident happen while performing duty and the compensation has to be paid by the employers. While as per recent change in this act employer is liable to pay compensation of personal injury that occur during an accident in course of his accident. According to this act the employer will not pay compensation when :
- Injury does not result in the total or partial disablement pf the employee for more than 3 days .
- Injury does not result in death or permanent total disablement cause by an accident under the influence of drink and drugs .
- In case of accident caused by willful disobedience of the rules by the employee and willful removal of safety guards , the employers are not liable to pay compensation .
Two Objectives to Acheive Four ILO Objectives
- To extend coverage of their governed , accessible , affordable and financial sustainable national system of EIIP , and whilst doing this for improving most hazardous occupation and their sectors .
- The GIEP and its institutional partner will have influenced the lead global policy to help more employment injury at the global level .
These acts are very important these days as we are already facing inequality in our workplace for various reason, this is one of them these efforts are also important because this is only way we eliminate workplace injuries , illness and fatalities. This is the time when we should realize this, act slowly and steadily to make sure the employer are not facing any injuries. Since ultimately it will effect the work at large .
 Section 2 in The Employees’ State Insurance Act, 1948 [Complete Act]
Section 46 in The Employees’ State Insurance Act, 1948 [Complete Act]