THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT,

8/7/2019 THE UNORGANISED WORKERS SOCIAL SECURITY ACT,

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GENESIS OF LABOUR LAWS Labor law arose due to the demands of workers for better conditions,

the right to organize, or, alternatively, the right to work without joininga labor union. Workers' organizations like trade unions, can also transcend purely

industrial disputes, gain political power. The state of labour law at anyone time is both the product of, and a component of, struggles betweendifferent interests in society.

Types of labour lawsINDIVIDUAL LAWSIndividual labor law concerns employees' rights at work and throughthe contract for work. The labor movementinstrumental in theenacting of laws protecting labor rights in the 19th and 20th centuries,Labor rightsintegral to the social and economic development since theIndustrial Revolution.

y These include laws such as- Contract of employment Minimum wage Working time Health and safety Anti-discrimination Unfair dismissal Child labor4/16/2011 2


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ILO

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In 1919, the signatory nations to the Treaty of Versailles created theInternational Labour Organization (ILO) in recognition of the fact that"conditions of labour exist involving such injustice.The newly founded organization established a system of internationallabour standards - international conventions and recommendations.

Was recognized in 1919 was that the global economy needed clear rules inorder to ensure that economic progress would go hand in hand with socialjustice.ILO's Declaration of Philadelphia of1944, the international communityrecognized that "labour is not a commodity".International labour standards are there to ensure that it remains focused on

improving human life and dignityensures a level playing field in the globaleconomy.International legal framework helps governments and employers to avoidthe temptation of lowering labour standards to gain a greater comparativeadvantage in international trade.


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Lowering labour standards encourage the spread of low-wage, low-skill, and high-turnover industries, prevent a country from developing more stable high-skilledemployment, difficult for trading partners to develop their economies upwards.Conventions and recommendations are drawn up by representatives of governments,

employers and workers and are adopted at the ILO's annual International LabourConference.Once a standard is adopted, member states submit them to their competentauthority (normally the parliament) for consideration consideration for ratification.Ratifying countries commit themselves to applying the convention in national lawand practice and reporting on its application at regular intervals.

Representation and complaint procedures can be initiated against countries forviolations of a convention they have ratifiedFundamental conventionsFreedom of Association and Protection of the Right toOrganiseConvention,1948 (No. 87)Right toOrganise andCollective Bargaining Convention, 1949 (No. 98)Forced Labour Convention, 1930 (No. 29)Abolition ofForced Labour Convention, 1957 (No. 105)Minimum Age Convention, 1973 (No. 138)Worst Forms ofChild Labour Convention, 1999 (No. 182)eequal Remuneration Convention, 1951 (No. 100)Discrimination (Employment andOccupation) Convention, 1958 (No. 111)


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ILO and Human Rights at Worky ILO standards are closely related to the universal

values of freedom, equality and dignity laid downin the Universal Declaration of Human Rights.

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For example, , the Freedom of Association andProtection of the Right to Organize Convention,1948 (No. 87), can be seen as a classic humanrights instrument, as it mainly provides for the

protection of that freedom against potentialrestrictions or infringements by the State.

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LAW OBJECTIVEOF THE LAW

THECHILD LABOUR (PROHIBITIONAND REGULATION)ACT, 1986

An Act to prohibit the engagement ofchildren in certain employmentsand to regulate the conditions of work of

children in certain otheremployments.

THE BONDED LABOUR SYSTEM(ABOLITION) ACT, 1976

An Act to provide for the abolition ofbonded labour system with a view to

preventing the economic and physicalexploitation of the weaker sections of thepeople and for matters connected therewithor incidental thereto.

THECONTRACT LABOUR(REGULATION AND ABOLITION) ACT,

1970

An Act to regulate the employment ofcontract labour in certain establishments

and toprovide for its abolition in certaincircumstances and for matters connectedtherewith

EMPLOYEE'SCOMPENSATION ACT, 1923 An Act to provide for the payment by certain

classes of employers to their workmen ofcompensation for injury by accident.


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LAW OBJECTIVE OF THE LAW

THE MATERNITY BENEFITS ACT, 1961 An Act to regulate the employment of women in certain

establishments for certain periods before and after

child-birth and to provide for maternity benefit and

certain other benefits.

EQUAL REMUNERATION ACT, 1976 An Act to regulate the employment of women in certain

establishments for certain periods before and after

child-birth and to provide for maternity benefit and

certain other benefits.

THE UNORGANISED WORKERS SOCIAL

SECURITY ACT, 2008

An Act to provide for the social security and welfare of

unorganized workers and for

other matters connected therewith or incidental

thereto.

THE FATAL ACCIDENTS ACT, 1855 An Act to provide compensation to families for loss

occasioned by the death of a person caused by

actionable wrong

THE INTER-STATE MIGRANT WORKMEN

(REGULATION OF

EMPLOYMENT AND CONDITIONS OF SERVICE)

ACT, 1979

An Act to regulate the employment of inter-State

migrant workmen and to provide for

their conditions of service and for matters connected

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LAWS OBJECTIVEOF THE

THE DANGEROUS MACHINES ACT, 1983 An Act to provide for the regulation of trade

and commerce in, and production, supply,distribution and use of, the product of anyindustry producing dangerous machineswith a view to securing the welfare of labour,operating any such machine and forpayment of compensation for the death or

bodily injury suffered by any labourer whileoperating any such machine, and for mattersconnected therewith or incidental thereto.

THE TRADE UNIONS ACT, 1926 An act to provide for the registration ofTrade Unions and in certain respects to

define the law relating to registered TradeUnions.

THE BEEDI ANDCIGAR WORKERS(CONDITIONSOF EMPLOYMENT ACT),1966

The Act has been enacted to provide for thewelfare of the workers in beedi and cigarestablishments and to regulate the

conditions of their work


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Framing of schemeUnder the act, the Centre and the states will

constitute social security advisory boards torecommend suitable welfare measures fordifferent sections of unorganized sector workersand the central government would notify suitable

welfare schemes relating to -

(a) life and disability cover;

(b) health and maternity benefits;(c) old age protection; and

(d) any other benefit as may be determined by theCentral Government.

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y It has also mentioned ten schemes in the schedule whichincludes Aam Admi Bima Yojana, Rashtriya Swasthya BimaYojana, Janshree Bima Yojana, Janani Suraksha Yojana, OldAge Pension, Family Benefit and schemes related toweavers, artisans and master crafts persons. None of these

schemes are new and are mostly applicable only for BPLfamilies. Most of the urban unorganized workers may notfall under the BPL category. The BPL income of Rs 500 istoo less even for bare existence in urban areas. Moreover,most of these schemes are insurance schemes which are tobe sourced from workers and operated by insurance

companies. The only possibility is that the central and stategovernments may subsidise contributions from BPLworkers at a ratio of75:25. Beyond this, there appears to beno plan for the government to fund the entire socialsecurity schemes.

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Smart Registrationy The function of registration of workers, the biggest advantage

of the entire Act too is left to the state governments to beperformed through the bureaucracy at district level. Anyunorganized worker of above 14 years of age can registerhimself/herself with the worker facilitation centre by giving a

self-declaration. By getting a unique identification number andsmart card that are portable, the worker will be eligible forsuitable social security schemes if he/she would pay theprescribed contribution.

y Both the Centre and the state governments are to formulate

schemes to provide so-called provident fund, an employmentinjury benefit, housing, educational schemes for children, skillup-gradation of workers, funeral assistance and old ageprotection for the workers. It can be noted that none of themare mandatory on any government

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Positive effect (govt. perspective)y The then Labour Minister (Oscar fernandes) said,

when the income of our people is only Rs. 20, ourParliament, through this Bill, has given an income oftwo dollars a day to our people in the rural areas.

Anybody can stand up and say that I want a job. Youget a job of two dollars a day. What a jump it is fromRs.20 to Rs.80, and to Rs.135 in states like Delhi,Haryana and Punjab!

Perhaps, the minister wanted to conceal the fact thatthe workers had to fight a major battle even to get thedeclared wages of Rs.80 even in the much proclaimed

NREGA.

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Limitation of this act.y

Neither agricultural labourers have been brought under thepurview of the Act nor a separate bill for agriculturallabourers tabled even the unorganized labourers in theorganised sector including contract labourers and theinformal labourers in the formal sector, the anganwadi

workers, para workers like ASHAs and parateachers, andthose the cooperative sector have been excluded But, thegovt. claims that they are also covered.

y The Act is applicable only to a small section of unorganized

labourers whose income limit is expected to be notified bythe government. There is every possibility that thesubsequent notification will include parameters to excludegood number of unorganised workers from the applicabilityof the law and the schemes.

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COLLECTIVE BARGAINING.

Collective bargaining is the process whereby workers

organize collectively and bargain with employers regardingthe workplace. In a broad sense, it is the coming togetheror workers to negotiate their employment. (ILO).

Thus collective bargaining:

is a collective process in which representatives of both themanagement and employees participate.is a continuous process which aims at establishing stablerelationships between the parties involved.

not only involves the bargaining agreement, but alsoinvolves the implementation of such an agreement.attempts in achieving discipline in the industryis a flexible approach, as the parties involved have to adopta flexible attitude towards negotiations.

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TRADE UNIONS IN INDIAThe Indian workforce consists of430 million workers, growing2% annually. The Indian labor markets consist of three sectors:The rural workers, who constitute about 60 per cent of the

workforce,Organized sector, which employs 8 per cent of workforce, andThe urban informal sector (which includes the growing softwareindustry and other services, not included in the formal sector)

which constitutes the rest 32 per cent of the workforce.

i.e. All India Trade Union Congress (AITUC), Centre ofIndia TradeUnions(CITU), Indian National Trade Union Congress (INTUC)are among the 12 central trade unions in India.

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y The workers in the construction sector are exemptedfrom making any payment because a cess was collectedfrom the sector for providing health insurance and otherfacilities. But there is no provision to collect a mandatorycess from the employers in other sectors. Only the BPL

unorganized workers have been exempted from paying anypremium only in the case of one scheme 'RashtriyaSwasthya Bima Yojana providing for a paltry healthinsurance cover of up to a maximum of Rs.30,000 for afamily of five. As a result, workers in other sectors wouldhave to pay the premium amount.

y The passage of the Act is not accompanied by any legallystipulated guarantee for the establishment of a CentralWelfare fund.

y There is no provision for penalties in the Act to punishthose employers who violate it.

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y The special problem of women unorganized workersdo not figure in the Bill. The problems of security,sexual harassment, proper accommodation formigrant women workers, issues relating to nature of

work and industrial safety, gender wage gap, non-payment of wages, childcare facilities at work spotetc., have been totally neglected.

y The special problems of migrant workers, especially

inter-State migrants, among unorganized workers,especially the problem of security, has been totallyignored by the Act.

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THANKYOU !

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GROUP MEMBERS ARE-

y Malvika

y Chhaya

y Sakshiy Souvick

y Kaveri

y Barkha

yAkansha

y Somya

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Documents

THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT,