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

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

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...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”