Professional Ethics – 2 marks

1. Certificate of enrollment - A Certificate of Enrollment is an official document issued

by a State Bar Council under Section 22 of the Advocates Act, 1961, confirming that
a person has been enrolled as an advocate under the Act. It serves as proof that the
individual is authorized to practice law in India, subject to clearing the All-India Bar
Examination (AIBE) conducted by the Bar Council of India. The certificate includes the
advocate’s name, enrollment number, and date of enrollment.

2. Punishment for Professional Misconduct - The punishment for professional

misconduct is provided under Section 35 of the Advocates Act, 1961. If an advocate
is found guilty of professional or other misconduct, the Disciplinary Committee of the
State Bar Council may impose any of the following punishments:

1. Reprimand the advocate,

2. Suspend the advocate from practice for a specified period, or

3. Remove the name of the advocate from the roll of advocates, thereby
debarring them from practicing law permanently.

3. Categories of Advocate - The categories of advocates under the Advocates Act,

1961 primarily include:
1. Senior Advocate – Designated by the Supreme Court or High Court under
Section 16(2) based on ability, standing at the Bar, or special knowledge or
experience in law. They are subject to certain restrictions in practice.
2. Advocate – A general category of advocates enrolled under Section 17 who are
entitled to practice in any court in India, including the Supreme Court, subject to
qualifications.
3. Advocate-on-Record (AOR) – Specifically recognized by the Supreme Court;
only AORs are entitled to file and act on behalf of parties in the Supreme Court,
as per its rules.
4. Advocate Fee - Advocate fee refers to the amount charged by an advocate for
providing legal services to a client. It may include consultation charges, appearance
fees, drafting charges, and court-related expenses. As per Rule 20 of Chapter II, Part
VI of the Bar Council of India Rules, an advocate must not charge fees that are
excessive or unreasonable and must maintain transparency with the client. The fee
structure is generally decided through mutual agreement, and in some cases, regulated
by court-approved scales or legal aid norms.
5. Advantages of accounting for advocates - Advantages of accounting for
advocates include:
 1. Financial Transparency – Proper accounting helps advocates maintain clear
records of client funds, fees, and expenses, ensuring trust and avoiding
disputes.
2. Compliance with Ethical Rules – As per Bar Council of India Rules,
maintaining books like cash book and ledger is mandatory, aiding in
professional accountability.
3. Efficient Case Management – Accurate accounts help track payments, court
expenses, and dues for each client, improving overall case and office
management.
4. Tax and Audit Readiness – Well-maintained accounts simplify income tax
filings and audits, avoiding legal or financial penalties.
5. Trust Building – Systematic accounting fosters client confidence by showing
professional discipline and ethical conduct.
6. Duties of an advocate towards opponent - Duties of an advocate towards the
opponent include:
1. Duty to maintain fairness and courtesy – As per Rule 36, Chapter II, Part VI
of the Bar Council of India Rules, an advocate must treat the opposing party
and their counsel with respect and fairness.
2. Duty not to misuse opponent’s absence – An advocate should not take unfair
advantage of the absence of the opposing counsel and must avoid actions that
amount to sharp practice or deception.
7. Scope of Contempt of Courts Act, 1971. - The scope of the Contempt of Courts
Act, 1971 extends to safeguarding the authority, dignity, and impartiality of the
judiciary. It defines and regulates two types of contempt: civil contempt (Section 2(b))
and criminal contempt (Section 2(c)). The Act empowers High Courts and the
Supreme Court to punish for contempt of themselves and subordinate courts. It also
provides defences, such as truth and fair criticism (Section 13), and ensures
reasonable restrictions on the freedom of speech under Article 19(2) of the
Constitution. Overall, the Act balances judicial independence with freedom of
expression, ensuring smooth administration of justice.
8. Advocate on record - An Advocate-on-Record (AOR) is a specially designated
advocate who is authorized to act and plead for a party in the Supreme Court of
India. As per Order IV Rule 2 of the Supreme Court Rules, only an AOR is entitled to
file petitions, vakalatnamas, and other documents in the Supreme Court. To
become an AOR, an advocate must have at least four years of practice, undergo
training under a senior AOR for one year, and pass the AOR examination
conducted by the Supreme Court. This designation ensures accountability and
professional competence in proceedings before the apex court.
9. Prohibition on practice before relatives - The prohibition on practice before
relatives is provided under Rule 6 of Chapter II, Part VI of the Bar Council of India
Rules. It states that an advocate shall not appear before a court or tribunal if the
presiding officer is a relative. This includes close family members such as a father,
mother, spouse, son, daughter, brother, or sister. The rule is intended to avoid conflict
of interest, ensure impartiality, and maintain public confidence in the fairness of the
judicial process.
10. Role of advocate in accepting brief - The role of an advocate in accepting a brief
involves exercising professional judgment, integrity, and responsibility. As per Rule
11 of Chapter II, Part VI of the Bar Council of India Rules, an advocate shall not
refuse a brief, provided the proper fee is paid, unless there are special circumstances.
This ensures that every litigant has access to legal representation. The advocate must
not accept a brief in a case where there is a conflict of interest, and must handle
the case with diligence, competence, and loyalty once the brief is accepted.
11. Advocates duty towards profession - An advocate’s duty towards the profession
includes upholding the dignity, integrity, and honour of the legal profession at all
times. As per the Bar Council of India Rules (Chapter II, Part VI), advocates must
maintain high standards of professional conduct, not advertise or solicit work, and
avoid any conduct that brings disrepute to the profession. They should strive to
improve legal education, help junior advocates, and not engage in unfair practices.
These duties ensure the profession remains ethical, respected, and committed to
justice.
12. Eighth lamp of advocacy - The Eighth Lamp of Advocacy is Tact.

In Justice Abbot Parry’s book “The Seven Lamps of Advocacy”, seven essential
qualities of a good advocate are listed: Honesty, Courage, Industry, Wit, Eloquence,
Judgment, and Fellowship. Later writers and jurists have often referred to Tact as the
eighth lamp, recognizing its importance. Tact refers to the skillful and sensitive
handling of situations, people, and arguments, especially in court. It enables an
advocate to present points persuasively without offending the judge or opposing
counsel, and to navigate complex legal and emotional matters with diplomacy and
discretion.

13. Note on advocates right to practice - The advocate’s right to practice is a

statutory and fundamental right granted under the Advocates Act, 1961. As per
Section 30 of the Act, every advocate whose name is entered in the State roll is
entitled to practice throughout the territory of India in all courts, tribunals, and
authorities. This right is reinforced by Article 19(1)(g) of the Constitution, which
guarantees the freedom to practice any profession. However, this right is subject to
reasonable restrictions, such as disciplinary control under Section 35, rules framed
by the Bar Council of India, and contempt of court provisions.
14. Note on disciplinary committee - The Disciplinary Committee is a statutory body
established under Section 9 of the Advocates Act, 1961 by both the Bar Council of
India and the State Bar Councils. Its primary function is to inquire into complaints of
professional or other misconduct against advocates. Each committee consists of
three members, including at least one member of the Bar Council and one senior
advocate. Upon finding an advocate guilty, it may impose punishments under Section
35, such as reprimand, suspension, or removal from the roll. Its decisions can be
appealed before the Bar Council of India or the Supreme Court, ensuring fairness
and accountability in the legal profession.
15. SCBA v UOI (1998) - The case of Supreme Court Bar Association v. Union of
India, (1998) 4 SCC 409, is a landmark judgment relating to disciplinary powers over
advocates.

Facts and Issue:

In this case, the Supreme Court considered whether it had the power, under Article
142 of the Constitution, to suspend or debar an advocate from practicing in court as
part of disciplinary action.

Held:

The Supreme Court held that:

• The power to discipline advocates lies exclusively with the Bar Councils under
the Advocates Act, 1961, particularly under Sections 35, 36, and 36B.
• While the Supreme Court has wide powers under Article 142 to do complete
justice, it cannot override the specific provisions of the Advocates Act by
directly punishing an advocate for misconduct.
• However, the Court may restrict an advocate’s appearance before it
temporarily to maintain decorum, but only the Bar Council can permanently
suspend or disbar an advocate from practice.

Significance:

This case clarified the separation of powers between the judiciary and the Bar
Councils in matters of professional misconduct, reinforcing that disciplinary jurisdiction
over advocates is a statutory function, not a judicial prerogative.
16. Civil Contempt - Civil Contempt is defined under Section 2(b) of the Contempt of
Courts Act, 1971 as “willful disobedience to any judgment, decree, direction, order,
writ or other process of a court or willful breach of an undertaking given to a court.”

Example:

If a court orders a person to vacate a property by a certain date, and the person
deliberately refuses to comply with the order, it amounts to civil contempt. The
contempt lies in disobeying the court’s directive, not in defaming the court.

The purpose of civil contempt is to ensure compliance with court orders and uphold
the authority of judicial decisions.

17. Double Entry Bookkeeping System - The Double Entry Bookkeeping System is
an accounting method in which every financial transaction is recorded in two
accounts: a debit in one account and a credit in another, ensuring the accounting
equation (Assets = Liabilities + Capital) always stays balanced.

Key Features:
• Every transaction has dual aspects — one account is debited, and another is
credited.
• It helps in maintaining accuracy and detecting errors through a trial balance.
• Common in legal accounting, it allows advocates to keep track of client
accounts, fees received, and expenses paid, with full transparency.

For example, if an advocate receives ₹10,000 as fees, the cash account is debited,
and the fees income account is credited.

18. What is a journal? - A journal is a primary book of accounting where all financial
transactions are recorded chronologically for the first time, before being posted to
ledger accounts. Each entry in a journal includes the date, accounts involved,
amounts debited and credited, and a brief narration explaining the transaction.
In the context of legal accounting, advocates may use a journal to record transactions
like receipt of client fees, payment of court fees, or office expenses, ensuring a
systematic and traceable record of all financial activities.
19. Note on Balance Sheet - A balance sheet is a financial statement that shows the
financial position of a business or individual—such as an advocate or law firm—on a
specific date. It presents a summary of assets, liabilities, and capital (owner’s
equity) in the format:
Assets = Liabilities + Capital

Key Features:
• Assets include cash, office equipment, receivables, etc.
• Liabilities include loans, unpaid expenses, or client advances.
• Capital reflects the net worth or investment of the advocate in the practice.

In legal accounting, a balance sheet helps assess the financial health, ensure
transparency, and maintain ethical financial practices as required under Bar Council
rules.

20. Senior Advocate - A Senior Advocate is a distinguished category of advocate

recognized for their expertise, standing at the Bar, and special knowledge or
experience in law. Under Section 16(2) of the Advocates Act, 1961, the Supreme
Court or a High Court may designate an advocate as a Senior Advocate with their
consent.

Key Features:
• Senior Advocates are expected to maintain high standards of conduct and
usually do not deal directly with clients or file vakalatnamas.
• They must be instructed by an Advocate-on-Record (in the Supreme Court) or
a junior advocate.
• They are bound by special rules under the Bar Council of India, restricting
certain professional activities to maintain dignity and specialization.

This designation is a mark of excellence in the legal profession.

21. Rights of an advocate - Rights of an Advocate under the Advocates Act, 1961
and legal ethics include:
1. Right to Practice – Under Section 30 of the Advocates Act, an advocate has
the right to practice throughout India in all courts, tribunals, and before any
authority.
2. Right to Pre-audience – Senior advocates have the right to be heard before
junior advocates in the same court, as per court traditions.
3. Right to Freedom of Speech in Court – Advocates can freely present their
client’s case in court, within the bounds of law and decorum.
 4. Right to Meet and Represent Clients – Advocates can meet their clients in
custody and represent them in all legal matters.
5. Right to Remuneration – Advocates have the right to charge and receive
reasonable fees for their legal services, unless appearing under legal aid.

22. Bar- Bench Relation - The Bar-Bench relationship refers to the professional and
respectful interaction between advocates (Bar) and judges (Bench), which is
essential for the fair and efficient administration of justice.

Key Aspects:
1. Mutual Respect – Advocates must show courtesy and respect towards judges,
and judges should treat advocates with dignity and fairness.
2. Cooperation in Justice Delivery – A cordial Bar-Bench relationship ensures
smooth conduct of court proceedings and helps uphold the rule of law.
3. Independence with Responsibility – While both Bar and Bench function
independently, they share the common goal of ensuring justice.
4. Ethical Conduct – Advocates must avoid personal attacks or undue criticism of
the judiciary, while judges must be impartial and patient.

A healthy Bar-Bench relationship strengthens public confidence in the judicial

system and promotes the cause of justice.

23. Advocates duty towards colleagues - An advocate’s duty to colleagues is

grounded in mutual respect, cooperation, and professional courtesy, as outlined in
the Bar Council of India Rules, Chapter II, Part VI.

Key Duties:
1. No Undermining of Fellow Advocates – An advocate should not act in a
matter where another advocate is already engaged, without notifying them,
unless with proper consent (Rule 16).
2. Courtesy and Fairness – Advocates must maintain a respectful and cordial
attitude towards fellow lawyers, avoiding personal rivalry or hostility (Rule 34).

These duties help maintain professional solidarity, ensure ethical standards, and
strengthen the dignity of the legal profession.
Labour Law II – 2 marks

1. Object of Equal Remuneration Act, 1976 - The primary object of the Equal
Remuneration Act, 1976 is to ensure equality in wages and employment
opportunities for men and women. It aims to eliminate gender-based discrimination
by mandating equal pay for equal work and by prohibiting discrimination in
recruitment, promotions, training, and transfers on the grounds of sex. The Act
upholds the principle of gender justice in the workplace and supports the constitutional
goal of equality under Articles 14, 15, and 39(d) of the Indian Constitution.

2. Benefits of enactment of Bonded Labour System (Abolition) Act, 1976. - The

Bonded Labour System (Abolition) Act, 1976 was a landmark legislation aimed at
eliminating the exploitative practice of bonded labour in India. Its key benefits
include:

• Abolition of bonded labour system: It legally prohibits all forms of bonded

labour, declaring any existing bondage null and void.
• Freedom and rehabilitation: It ensures the immediate release of bonded
labourers and provides for their rehabilitation through schemes of the
government, thus restoring their dignity and livelihood.
• Extinguishment of bonded debts: Any debt or agreement that led to bonded
labour is deemed invalid, and creditors are barred from recovering such debts.
• Penal provisions: The Act provides for penalties against those who force or
compel bonded labour, thereby acting as a deterrent against such exploitation.

Overall, the Act plays a crucial role in protecting human rights, promoting social
justice, and advancing the constitutional mandate under Articles 23 and 21.

3. Regulations relating to the condition of work of children - Regulations relating to

the condition of work of children in India are primarily governed by the Child and
Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016.
Key provisions include:
• Prohibition of employment: Children below 14 years are prohibited from
working in any occupation or process, except in family enterprises or as
artists in the entertainment industry, subject to conditions.
• Regulation for adolescents (14–18 years): Adolescents are prohibited from
working in hazardous occupations and processes listed in the Schedule of
the Act but can work in other regulated sectors under safe conditions.
• Working conditions: The Act prescribes maximum working hours, mandatory
rest periods, prohibition of night work, and ensures safe and healthy
working environments for adolescents.
 • Penalties: Employers violating the provisions face strict penalties, including
imprisonment and fines, and there are provisions for rehabilitation of rescued
children.

These regulations aim to protect children’s rights, ensure their education, and promote
their physical and mental development in accordance with Article 24 of the
Constitution and international conventions like the ILO.

4. Define “Contractor” under Contract Labour (Regulation and Abolition) Act, 1970 -
Under Section 2(c) of the Contract Labour (Regulation and Abolition) Act, 1970, a
“Contractor” is defined as a person who undertakes to produce a given result or to
supply contract labour for any work in an establishment, other than as a mere
supplier of goods or articles of manufacture. This includes sub-contractors as well.
The contractor hires contract labour and is responsible for their recruitment, payment
of wages, and welfare, subject to the provisions of the Act. The definition ensures
accountability of those who engage workers indirectly through contracts.

5. When does an establishment fall within the purview of the Employees’ Provident
Funds & Miscellaneous Provisions Act, 1952 - An establishment falls within the
purview of the Employees’ Provident Funds and Miscellaneous Provisions Act,
1952 when it:
• Employs 20 or more persons, whether directly or through a contractor, on any
day; and
• Is engaged in any of the industries or classes of establishments specified in
Schedule I of the Act or notified by the Central Government.

Once applicable, the Act continues to apply even if the number of employees falls
below 20 thereafter. Additionally, establishments with fewer than 20 employees may
also be covered voluntarily through a mutual agreement between the employer and
majority of employees. The Act mandates contribution to the Provident Fund, Pension
Fund, and Insurance Fund to ensure post-employment security for workers.

6. Circumstances in which a pregnant employee is entitled for benefits under the

Maternity Benefit Act, 1961. - Under the Maternity Benefit Act, 1961, a pregnant
employee is entitled to benefits if the following conditions are fulfilled:
• She must have worked in the establishment for at least 80 days in the 12
months immediately preceding the expected date of delivery.
• The benefits are available in cases of pregnancy, miscarriage, medical
termination of pregnancy, tubal ligation, premature birth, or
adoption/surrogacy (in some cases as per amendments).
• Eligible women are entitled to maternity leave of 26 weeks (for up to two
surviving children), medical bonus, leave for miscarriage or illness arising
from pregnancy, and nursing breaks after childbirth.
7. What are Fair Wages under the Minimum Wages Act, 1948 - Fair wages, though not
explicitly defined in the Minimum Wages Act, 1948, is a concept developed through
judicial interpretation and labour policy. It refers to a wage that is above the minimum
wage but below the living wage, ensuring not just bare sustenance but also
reasonable comfort and education, medical, and other amenities for the worker
and their family. As per the Fair Wages Committee (1949), fair wages should be
determined considering factors like the industry’s capacity to pay, prevailing wage
rates, and productivity levels. The concept serves as a benchmark for wage fixation
and helps bridge the gap between statutory minimum wages and an ideal living wage.

8. Specify the object of Payment of Gratuity Act, 1972 - The object of the Payment of
Gratuity Act, 1972 is to provide a statutory retirement benefit to employees who
have rendered long-term continuous service in an establishment. It ensures that
employees receive a lump sum payment, called gratuity, as a token of appreciation
for their past services when they retire, resign, are terminated, become disabled, or
die. The Act promotes social security and aims to protect the financial well-being of
employees and their families after cessation of employment. It applies to
establishments with 10 or more employees, and gratuity becomes payable after five
years of continuous service, subject to certain exceptions.

9. Define ‘Self-employed worker’. - A self-employed worker is a person who earns

their livelihood directly through their own work or business, rather than being
employed by an employer for wages or salary. This includes individuals who run small
businesses, work as vendors, artisans, freelancers, farmers, or independent
professionals, and bear both risk and responsibility for their enterprise. In the
context of labour and social security laws—especially under the Unorganised
Workers’ Social Security Act, 2008—a self-employed worker is recognized as one
who is not employed by any employer but engages in any occupation in the
unorganised sector for income generation.

10. Who appoints the Commissioner of Provident Fund. - The Commissioner of

Provident Fund—officially known as the Central Provident Fund Commissioner
(CPFC)—is appointed by the Central Government under the provisions of the
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The CPFC is
the chief executive officer of the Employees’ Provident Fund Organisation (EPFO)
and is responsible for the administration of the EPF schemes across India. The
appointment is typically made from among senior officers of the Indian civil services,
often from the Indian Revenue Service (IRS) or Indian Administrative Service (IAS).
11. Define Sexual Harassment - Sexual harassment is defined under Section 2(n) of
the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 as any unwelcome act or behaviour, whether directly or by
implication, such as:

• Physical contact and advances,

• A demand or request for sexual favours,
• Making sexually coloured remarks,
• Showing pornography, or
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual
nature.

Such behaviour, especially when it affects a woman’s dignity or creates an

intimidating, hostile, or offensive work environment, constitutes sexual harassment.
The Act aims to protect women at the workplace and ensure a safe and respectful
working environment.

12. Differentiate between Workman & Contractor. - The distinction between a

Workman and a Contractor lies in their role, nature of engagement, and legal
responsibilities under labour laws such as the Industrial Disputes Act, 1947 and the
Contract Labour (Regulation and Abolition) Act, 1970:
• Workman: A workman is an individual employed to perform manual, skilled,
unskilled, technical, operational, or clerical work for hire or reward, under
the supervision and control of an employer. He/she is directly involved in
productive labour and is entitled to statutory benefits like wages, leave, bonus,
and social security.
• Contractor: A contractor is a person or entity that undertakes to provide
goods or services, including labour, to an establishment, but is not directly
employed by the principal employer. A contractor may hire contract labourers to
carry out work and is responsible for their recruitment, payment, and welfare
unless specifically mandated otherwise.

In essence, a workman works under supervision, whereas a contractor provides or

arranges work/labour and operates independently.

13. Define ‘Family” under the Child Labour (Protection & Regulation) Act, 1986 - Under
the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as
amended in 2016), the term ‘family’ is defined in Section 2(iv) to include:
• The child’s mother or father, and
• The child’s brother or sister, and
• The child’s father’s sister or brother, and
• The child’s mother’s sister or brother, and
• The child’s sister’s husband or brother’s wife.
This definition is relevant because the Act allows a child (below 14 years) to help in
family enterprises after school hours or during vacations, provided the work is non-
hazardous and does not affect the child’s education or health.

14. Provisions relating to notice of claim for maternity benefit under Maternity Benefit
Act, 1961. - Under the Maternity Benefit Act, 1961, the provisions relating to notice
of claim for maternity benefit are covered under Section 6. The key points are:
• A woman who is entitled to maternity benefit is required to give her employer a
written notice stating the date from which she intends to be absent from
work due to maternity, not earlier than 8 weeks before the expected delivery
date.
• The notice should also state whether she wants the maternity benefit to be paid
in advance for the period preceding the expected delivery.
• Upon receiving the notice, the employer is bound to allow her absence from
work and pay the maternity benefit as per the Act.
• If the woman does not give prior notice, she may still be entitled to the benefit,
provided she submits proof of delivery or miscarriage, and applies for the
benefit within one year from the date of delivery or event.

These provisions ensure timely communication between the employee and employer
and facilitate smooth access to maternity benefits.

15. “Employer” under Employees Provident Fund Act. - Under Section 2(e) of the
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, an
“employer” is defined as:
• In relation to a factory, the owner or occupier of the factory, including the agent
of such owner or occupier, and where a person has been named as the
manager of the factory under the Factories Act, 1948, then that person is
deemed to be the employer.
• In relation to any other establishment, the person who has ultimate control
over the affairs of the establishment, and if such control is entrusted to a
manager, managing director, or any other person, then that person is
considered the employer.

This definition is important for determining responsibility for EPF contributions,

record maintenance, and compliance with the Act.

16. “Continuous Service” under Payment of Gratuity Act, 1972. - Under Section 2A of
the Payment of Gratuity Act, 1972, “continuous service” means uninterrupted
service for the employer, including periods of leave, sickness, accident, lay-off,
strike, or lockout, or cessation of work not due to the employee’s fault.
Even if actual uninterrupted service is not present, an employee is deemed to be in
continuous service if they have:
• Worked at least 240 days in a year (for establishments working 6 days a week),
or
• 190 days (for seasonal establishments or 5-day work weeks), in the preceding
12 months.

This concept is crucial in determining eligibility for gratuity, which becomes payable
after five years of continuous service, except in cases of death or disability, where
this condition is waived.

17. Conditions for eligibility of Bonus under the Payment of Bonus Act, 1965. - Under
the Payment of Bonus Act, 1965, an employee is eligible for bonus if the following
conditions are satisfied:
• Employment in an eligible establishment: The Act applies to factories and
establishments employing 20 or more persons.
• Wage limit: The employee must be earning monthly wages of ₹21,000 or less
(as per the latest amendment).
• Minimum working days: The employee must have worked in the establishment
for at least 30 working days in that accounting year.
• Completion of the accounting year: Bonus is calculated and paid after the end
of each financial year, based on profits or productivity.

Eligible employees are entitled to a minimum bonus of 8.33% of their annual wages or
₹100 (whichever is higher), and up to a maximum of 20%, depending on the allocable
surplus.

18. Problems of employees in call centres. - Employees in call centres often face
several problems and challenges due to the nature of their work environment and job
demands. Some of the key issues include:
• Odd and Long Working Hours: Many call centres operate 24/7, especially
those catering to international clients, leading to night shifts, sleep disorders,
and disrupted biological cycles.
• High Stress and Mental Fatigue: Repetitive tasks, dealing with irate
customers, and strict performance targets contribute to emotional burnout,
stress, and mental exhaustion.
• Lack of Job Security: Call centres often have high attrition rates and are
contract-based, leading to insecurity and lack of long-term career prospects.
• Health Issues: Prolonged sitting, lack of physical activity, eye strain from
screens, and poor diet habits lead to lifestyle-related health problems.
• Limited Growth Opportunities: Despite high entry-level hiring, promotions are
limited, and roles can become monotonous, affecting employee motivation.
 • Inadequate Legal Protection: Many call centre employees are part of the
unorganised or semi-organised sector, lacking awareness or access to
labour law protections and union representation.

Addressing these problems requires better HR policies, work-life balance initiatives,

health and safety measures, and legal safeguards for call centre workers.

19. Benefit schemes for Labours in Unorganised Sector. - The unorganised sector,
which includes workers like domestic help, street vendors, construction workers,
agricultural labourers, and self-employed individuals, often lacks formal protection. To
safeguard their welfare, the government has launched several benefit schemes,
including:
• Pradhan Mantri Shram Yogi Maandhan (PM-SYM): A pension scheme for
unorganised workers aged 18–40 years earning less than ₹15,000/month. After
60 years, they receive a monthly pension of ₹3,000.
• Atal Pension Yojana (APY): A voluntary pension scheme for workers in the
unorganised sector, offering guaranteed pension between ₹1,000 to ₹5,000 per
month after 60 years.
• e-SHRAM Portal: A national database for unorganised workers launched by
the Ministry of Labour, which facilitates targeted delivery of social security
benefits like insurance and pension.
• Rashtriya Swasthya Bima Yojana (RSBY) (now subsumed under Ayushman
Bharat): Provides health insurance up to ₹5 lakh per family per year for
secondary and tertiary care.
• Building and Other Construction Workers’ Welfare Board (BOCW): Offers
benefits like education assistance, maternity benefits, accident
compensation, and tools and safety gear to registered construction workers.
• National Social Assistance Programme (NSAP): Provides old age pension,
widow pension, and disability pension to unorganised sector workers below
the poverty line.

These schemes aim to provide social security, financial assistance, and healthcare
protection, helping uplift the living standards of workers in the vast unorganised
sector.
20. “Inter-state Migration Workers” under ISMW Act, 1979. - Under Section 2(e) of the
Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979, an “inter-state migrant workman” means a workman who:
• Is recruited by or through a contractor in one State (the home State),
• For employment in an establishment in another State (the host State),
• With or without the knowledge of the principal employer.

These workers are typically hired for temporary, seasonal, or project-based work and
often face exploitation, poor working conditions, and lack of legal protection. The Act
aims to regulate their recruitment and working conditions, ensuring benefits such
as wages parity, displacement allowance, journey allowance, residential
accommodation, and medical facilities, thus safeguarding their rights and dignity.