Skip to main content

New labour codes: Strengthening systems to ensure rights of informal worker


A Centre for Social Justice (CSJ) note on workshop organised for the need to strengthen systems to ensure rights of informal workers in the backdrop of new labour codes:
***
The Centre for Social Justice (CSJ), an NGO working on legal empowerment and access to justice, organised a capacity building program on issues facing workers. The aim of the event was to discuss the current system of labour registration and the effect of the new labour codes on the registration process and social security of unorganised workers. The program witnessed participation of labour activists, social workers and Labour Entitlement Facilitators (LECs) from the states of Gujarat, Madhya Pradesh and Maharashtra.
Over 60 participants from different districts of these states shared their views on the existing registration process of unorganised workers and the practical difficulties faced by them. The Supreme Court during the first lockdown had ordered the Central Government to develop a mechanism for registration of unorganised workers. In pursuance of this order, the Central Government launched the NDUW (National Database on Unorganised Workers), i.e, the e-Shram portal on 26th August, 2021 to register and collect information about unorganised workers throughout the country.
Although this is a long overdue measure, its implementation on the ground has been haphazard. One of the primary impediments to implementation is that the labour law regime in India is currently in the process of being overhauled, leading to confusion on the ground. Facilitators who aid and assist unorganised workers in registering them on the E-Shram portal, expressed that some states have their parallel registration process which is adding up to the duality.
Workers now have to register themselves on both the Central Government’s portal and state portal. While they get some entitlements post registration on the state’s portal, the benefits and process to get benefits under the central scheme are unclear, at least as of now. The E-Shram portal requires seeding with Aadhaar that serves as verification process. These workers who work in unorganised sectors come from the marginalised section of society.
There are cases where these workers do not have Aadhaar, and in cases where they have Aadhaar, there is a mismatch in the mobile number, which disentitles them as OTP linking is required for registration. The portal also seeks details of nominees and their date of birth and blood group details. As per field experiences shared, filing the nominee details is a tough task as they don’t have birth certificates. While some of this information is non-compulsory, there is lack of clarity on whether it will be needed later to avail benefits of schemes. Moreover, there is currently no guarantee that schemes will lead to actual entitlement/benefits. Only when social security is guaranteed as a statutory right, can there be a remedy against its violation.
Taking the conversation forward, Chandan Kumar (National Coordinator of Working People’s Charter) and Manali Shah (National Secretary) of the Self-Employed Women’s Association shared their insights on the challenges that the new labour codes are likely to result in. Overall, both speakers emphasized the need to shift the social security regime of the unorganised workers from charity based (on the basis of schemes) to statutory entitlement based rights with proper budgetary allocations and monitoring mechanisms for proper implementation of the unorganised workers rights.
Sonvi Khanna from Dasra further shared how industries have a critical role to play in light of these changes. Building on this, we shared experiences of different collaborative / multi-stakeholder and sustainable models for ensuring registration and social security of unorganised workers.
Here, Tejas Pahalajani from Dasra and Dr Asha Verma from Gujarat National Law University discussed how collaborative models with industry and legal aid clinics in law colleges can open new avenues for facilitating labour entitlements.
Consolidating the entire event, it became clear that the current situation is far from ideal. On the basis of an analysis of the participants’ experience and the current registration system in Gujarat, Maharashtra and Madhya Pradesh, the following recommendations will be made to corresponding Government duty-bearers.
1) Unorganised and building and other construction workers registration should happen continuously (without technical difficulties).
2) The Labour Department must take responsibility for implementing registration drives in collaboration with the District and State Legal Services Authority – both physically and online. There should also be synergies developed with Lok Seva Kendras (bodies established and working to fulfill the objective of Public Service Guarantee Act, 2011).
3) There should be effective implementation of NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015 by conducting regular service camps in collaboration with the Labour Department and Welfare Board.
4) There should be a toll free helpline to assist the labourers in the registration process and a physical centre for grievance redressal and spreading clear information relating to eligibility, procedure and benefits of social security schemes.
5) The registration process needs to be free of cost across all states.
6) CSCs should be continuously involved and the government should compensate the VLEs involved in the registration process fairly so as to avoid bribes and reduce access difficulty for unorganised workers who approach them for registration and other entitlement facilitations. Also, self-registration of unorganised workers and building and other construction should be enabled and this process should be made available in vernacular languages.
7) The requirement to submit a 90 day work certificate for building and other construction worker registration should be replaced with a self declaration form.
8) There should be a central and state level convergence of all registrations done under different legislations and processes so as to avoid duplication and unnecessary burden on workers for re-registration. For example: building workers upon registration used to get red books earlier in Gujarat. These registrations should be merged with all new registration processes.
9) A Nodal officer should be appointed for monitoring different labour registration processes and the Review Report tracking this process should be publicly released for better accountability.
10) Social security schemes that cater to the unique vulnerabilities of different categories of unorganised workers are to be developed and implemented. Adequate budgetary allocations should be made for the same.
11) For eShram registration, Aadhar card and mobile linking should not be made mandatory, alternative forms of verifying identification should be allowed.

Comments

TRENDING

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

UP tribal woman human rights defender Sokalo released on bail

By  A  Representative After almost five months in jail, Adivasi human rights defender and forest worker Sokalo Gond has been finally released on bail.Despite being granted bail on October 4, technical and procedural issues kept Sokalo behind bars until November 1. The Citizens for Justice and Peace (CJP) and the All India Union of Forest Working People (AIUFWP), which are backing Sokalo, called it a "major victory." Sokalo's release follows the earlier releases of Kismatiya and Sukhdev Gond in September. "All three forest workers and human rights defenders were illegally incarcerated under false charges, in what is the State's way of punishing those who are active in their fight for the proper implementation of the Forest Rights Act (2006)", said a CJP statement.

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.