Here is Question No. 52 a part of our series on UPSC Prelims 2021.
Q52. With reference to casual workers employed in India, consider the following statements:
- All casual workers are entitled to Employees Provident Fund coverage.
- All casual workers are entitled to regular working hours and overtime payment.
- 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 is correct?
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
Answer: (d)
- Statement 1 is correct: An employer cannot differentiate between contractual and permanent employees; the Supreme Court has ruled that casual workers are also entitled to social security benefits under the Employees’ Provident Funds and Miscellaneous Provisions Act. “As per Section 2(f) of the EPF Act, the definition of an employee is an inclusive definition, and is widely worded to include any person engaged either directly or indirectly in connection with the work of an establishment, and is paid wages,” a bench of SC said.
- Statement 2 is correct: Employees in India are entitled for regular working hours and overtime payment according to Minimum Wages Rules, Casual workers have all those rights that are enjoyed by regular workers since the definition of employee includes casual labor as per Supreme Court guidelines.
- Statement 3 is correct: The Payment of Wages (Amendment) Act 2017 provides that the government may specify that the employer of any industrial or other establishment shall pay wages to every employee only by cheque or by crediting the wages in his bank account“.
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