Test: Concept and Importance of Social Security - 1 - CLAT PG MCQ

The Doctrine of Added Peril states that if an employee engages in activities outside their required job duties that involve additional risk, the employer is not liable for injuries sustained during those activities. This doctrine serves to delineate the boundaries of employer liability and encourages employees to stick to their assigned tasks. An interesting note is that this principle helps clarify the responsibilities of both employers and employees, fostering a clearer understanding of safety expectations.

The Workmen's Compensation (Accidents) Convention, 1925 was established to ensure that workers who suffer employment injuries receive compensation. This convention applies to all employees, except those in specific sectors like agriculture and fisheries, and mandates that countries provide compensation at least equal to the standards specified in the convention.

A compensation agreement is designed to ensure that an employee receives payment for the services they render to the employer. This agreement sets the terms for remuneration, which is crucial for maintaining a clear understanding of employee rights and employer obligations.

If both the employer and employee are found to be negligent, the employer's liability for compensation may be reduced according to the employee's degree of negligence. This principle reflects the shared responsibility in maintaining a safe work environment. Understanding contributory negligence is important for both employees and employers, as it underscores the need for vigilance and adherence to safety practices. An interesting note is that this concept encourages employees to be proactive in their safety measures, which ultimately benefits the workplace as a whole.

An employee is barred from claiming compensation for injuries if they have already filed a civil suit against their employer regarding the same injury. This provision helps prevent double recovery for the same incident and promotes legal efficiency.

The ILO plays a significant role in promoting social security by establishing international standards and recommendations that countries are encouraged to adopt. This helps ensure that workers globally have access to necessary social security measures, enhancing their protection and welfare.

To qualify for compensation under the Employees' Compensation Act, the injury must occur while the employee is engaged in job-related activities or at the workplace. This ensures that the compensation system is focused on protecting workers who are injured while performing their official duties, regardless of the duration of their employment or the specific terms of their contract. Interesting fact: This act emphasizes the importance of workplace safety and employee rights, which has led many companies to implement comprehensive safety protocols.

An insurance company cannot escape liability simply because they were not notified of a claim, as long as notice was given to the owner of the vehicle involved. This provision ensures that insurance coverage is effectively utilized, protecting the rights of the injured parties.

The Domestic Workers Convention, adopted in 2011, aims to address the significant undervaluation and invisibility of domestic work. It emphasizes fair conditions of employment and the protection of human rights for domestic workers, who are often women and migrants from disadvantaged communities.

The principle of vicarious liability holds employers accountable for compensating employees for injuries sustained during work, irrespective of the employer's negligence. This concept is crucial for employee protection, ensuring that workers receive financial support when injured at work. An interesting aspect of vicarious liability is that it encourages employers to maintain safer work environments, as they bear financial responsibility for workplace injuries.

While financial compensation is an important aspect of social security programs, they do not solely focus on this. Social security schemes also aim to provide immediate relief and enhance psychological security for individuals facing life challenges, ensuring a holistic approach to welfare.

The Vocational Rehabilitation and Employment (Disabled Persons) Convention, adopted in 1983, highlights the need for equal opportunities and treatment for disabled individuals. It aims to improve rehabilitation services and employment opportunities, ensuring that disabled persons can participate fully in the workforce.

The commissioner plays a crucial role by directing provisional payments and assessing ongoing claims for compensation. They ensure that employees are not left without financial support while their claims are being processed, thus maintaining fairness in the compensation system.

Social assistance is characterized by benefits that are fully funded by the government without requiring contributions from workers or employers. This approach ensures that those in need can receive support based purely on their financial circumstances, such as in the case of old age pensions.

The Equal Remuneration Convention, adopted in 1951, aims to eliminate discrimination in remuneration based on sex, promoting equal pay for work of equal value. This initiative is part of a broader effort to achieve gender equality in the workplace.

The commissioner is responsible for determining the amount of compensation owed to an employee who has suffered an injury or accident. This involves assessing various factors such as the nature of the injury and its impact on the employee's ability to work. Understanding the role of the commissioner is essential for navigating the compensation process effectively. A key fact is that this role is crucial in ensuring that compensation amounts are fair and reflective of the actual impact of the injuries on the employees' lives.

If an employer does not accept liability for the claimed compensation, they are still required to make a provisional payment. This ensures that employees receive some financial support while the claim is being resolved, and it can also include interest on the amount owed.

The Employment Injury Benefits Convention, 1964 requires member states to provide cash and medical benefits for employment injuries, covering at least 75% of expenses for all employees. This convention underscores the importance of protecting workers in case of job-related accidents.

In welfare states, social security is essential as it acts as a key tool for achieving social and economic justice. It helps address inequalities and ensures that all citizens have access to a minimum standard of living, thereby fostering social stability and cohesion within society.

Employers are not liable for injuries that are self-inflicted, whether intentionally or accidentally. This principle emphasizes that employees must take care of their own safety and well-being while performing their duties. This exclusion also encourages a culture of responsibility among employees. An interesting fact is that self-inflicted injuries can arise in high-risk professions, highlighting the need for comprehensive safety training and mental health support in the workplace.

The Maritime Labour Convention, 2006 is commonly known as the Seafarers' Bill of Rights. This convention establishes international standards for the maritime industry, focusing on decent work conditions for seafarers and fair competition among ship owners.

One of the main objectives of social security is to ensure income security during times of contingency, such as illness or unemployment. This prevents individuals and families from facing a double calamity, where they not only suffer from an event but also face financial devastation due to loss of income during that period.

Section 17 states that any contract or agreement through which an employee waives their right to compensation is considered null and void. This protection ensures that employees cannot be deprived of their legal entitlements, promoting fairness in employer-employee relationships.

A significant goal of the ILO regarding the protection of women workers is to ensure equal pay for equal work. This principle is crucial for achieving gender equality in the workplace and addressing historical disparities in pay and employment opportunities for women.

Employers are not liable for compensation if the injury is caused by the employee being under the influence of alcohol or drugs during the accident. This exclusion is designed to encourage employees to adhere to safety standards and avoid substance use that could impair their judgment and actions while at work. An interesting fact is that safety regulations often include stipulations about substance use to promote a culture of safety and accountability in the workplace.