Link between social security and social legislation

SOCIAL LEGISLATION

 Laws that seek to promote the common good, generally by protecting and assisting the weaker members of society, are considered to be social legislation. Such legislation includes laws assisting the unemployed, the infirm, the disabled, and the elderly. The social welfare system consists of hundreds of state and federal programs of two general types. Some programs, including Social Security, Medicare, unemployment insurance, and Workers' Compensation, are called social insurance programs because they are designed to protect citizens against hardship due to old age, unemployment, or injury. Because people receiving benefits from these programs generally have contributed toward their benefits by paying payroll taxes during the years that they worked, these social insurance programs are usually thought of as earned rewards for work. Programs of a second type, often cumulatively called the Welfare System, provide government assistance to those already poor. These social programs have maximum income requirements and include Aid to Families with Dependent Children, the Food Stamp Program, Medicaid, and Supplemental Security Insurance.

Although the United States has had social welfare legislation since colonial times, its nature and extent has changed over the years. For much of U.S. history, Americans preferred to rely on the marketplace to distribute goods and services equitably among the population. In cases where the market clearly failed to provide for categories of people such as widows, orphans, or the elderly, families were expected to take responsibility for the care of their members. When family members lacked the ability to do so, private, religious, or charitable organizations often played that role. Help from the town, county, or local government was rarely provided, and even then only in those cases where the need arose due to conditions beyond the individual's control, such as sickness, old age, mental incapacity, or widowhood. Social security is a concept enshrined in Article 22 of the Universal Declaration of Human Rights Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

In simple terms, the signatories agree that society in which a person lives should help them to develop and to make the most of all the advantages (culture, work, social welfare) which are offered to them in the country. Social security may also refer to the action programs of government intended to promote the welfare of the population through assistance measures guaranteeing access to sufficient resources for food and shelter and to promote health and well-being for the population at large and potentially vulnerable segments such as children, the elderly, the sick and the unemployed. Services providing social security are often called social services Terminology in this area in the United States is somewhat different from in the rest of the English-speaking world. The general term for an action program in support of the wellbeing of the population in the United States is welfare program and the general term for all such programs is simply welfare. In American society, the term welfare arguably has negative connotations. The term Social Security, in the United States, refers to a specific social insurance program for the retired and the disabled. Elsewhere the term is used in a much broader sense, referring to the economic security society offers when people are faced with certain risks. In its 1952 Social Security Minimum Standards Convention  

The International labour Organization ILO defined the traditional contingencies covered by social security as including

·         Survival beyond a prescribed age, to be covered by old age pensions;

·         The loss of support suffered by a widow or child as the result of the death of the breadwinner survivor’s benefit

·         Responsibility for the maintenance of children family benefit

·         The treatment of any morbid condition including pregnancy, whatever its cause medical care

·         A suspension of earnings due to pregnancy and confinement and their consequences  maternity benefit

·         A suspension of earnings due to an inability to obtain suitable employment for protected persons who are capable of, and available for, work unemployment benefits

·         A suspension of earnings due to an incapacity for work resulting from a morbid condition sickness leave benefit

·         A permanent or persistent inability to engage in any gainful activity disability benefits

·         The costs and losses involved in medical care, sickness leave, invalidity and death of the breadwinner due to an occupational accident or disease employment injuries

·         People who cannot reach a guaranteed social minimum for other reasons may be eligible for social assistance or welfare, in American English.

Modern authors often consider the ILO approach too narrow. In their view, social security is not limited to the provision of cash transfers, but also aims at security of work, health, and social participation; and new social risks single parenthood, the reconciliation of work and family life should be included in the list as well.

Social security refer

Social insurance, where people receive benefits or services in recognition of contributions to an insurance program. These services typically include provision for retirement pensions, disability insurance, survivor benefits and unemployment insurance. Services   provided by government or designated agencies responsible for social security provision. In different countries, that may include medical care, financial support during unemployment, sickness, or retirement, health and safety at work, aspects of social work and even industrial relations. Basic security irrespective of participation in specific insurance programs where eligibility may otherwise be an issue. For instance, assistance given to newly arrived refugees for basic necessities such as food, clothing, housing, education, money, and medical care.

Link between social legislation and social security

Some of the acts enacted by the government of india to ensure social security are as follow:

Employees’ State Insurance Act, 1948 (ESI Act)

·         covers factories and establishments with 10 or more employees

·         Provides medical care to employees and their families.

·         Provides Cash benefits during sickness and maternity

·         Monthly pension after death or permanent disability.

Employees’ Provident Funds Act, 1952

·         Applies to specific scheduled factories and establishments employing 20 or more employees and ensures terminal benefits to provident fund, superannuation pension, and family pension in case of death during service.

Workmen’s Compensation Act, 1923 (WC Act)

·         Requires payment of compensation to the workman or his family in cases of employment related injuries resulting in death or disability.

Maternity Benefit Act, 1961 (M.B. Act)

·         Provides for 12 weeks wages during maternity as well as paid leave in certain other related contingencies.

Payment of Gratuity Act, 1972 (P.G. Act)

·         Provides 15 days wages for each year of service to employees who have worked for five years or more in establishments having a minimum of 10 workers.