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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.