Construction Workers` Welfare Board Constituted

Organised labour has been struggling since long and hundreds of legislations have been passed in their favour. Due to the struggle of the working class, laws such as Minimum Wages Act, Contract Labour Act, Child Labour Act, Equal Remuneration Act were enacted but are constantly being violated. In today’s era of globalisation when even minimum wages are not being paid in agriculture and construction and most other segments in the unorganised sector, the Delhi Government has constituted the Delhi Building and other Construction Workers` Welfare Board. It is said that the Delhi Government has added another feather to its cap. But all that glitters is not gold. Time will tell how much welfare this board actually provides to the construction workers.

Any construction project costing more than Ten lakh rupees and engaging more than ten construction workers will have to contribute one percent of the total cost to the Construction Workers` Welfare Board. This board was constituted on October 24, 2002, under the Chairmanship of Delhi`s Labour Minister, Mr Deep Chand Bandhu, to look after the welfare of the construction workers. The Board will function under "The Building and Other Construction Workers` Welfare Cess Act, 1996" of the Government of India.

According to the board, any worker who is between the age of eighteen to sixty and has been engaged in building or any other construction work for not less than 90 days would be eligible for registration. Workers registering themselves in this board will have to pay a monthly sum of Rs 20 that will ensure these benefits: pension, family pension and disability pension, financial assistance in case of death, cremation, marriage and for the purchase of tools. Medical allowance and educational benefits will also be provided.

It is compulsory for an employer to inform the board at least 30 days in advance before starting any construction work. This should include complete details of the work. Those found flouting the Act would be liable to three months` imprisonment and a fine of Rs 10,000. Though the constitution of the board was a major demand from almost all the trade unions, yet when it came into existence, most of the central trade unions were excluded from it. Except AITUC and INTUC, there is no representation from other central trade union organisations. Nirman Mazdoor Panchayat, the union of the construction workers, has been given representation in the Board.

Government Proposes Unorganised Sector Workers Bill

`To regulate the employment and conditions of service and to provide for health, safety, social security and welfare of unorganised sector workers’, the Government of India has come up with a Bill - Unorganised Sector Workers Bill, 2002. The bill was introduced and discussed in a high profile national consultation held at Vigyan Bhavan, New Delhi on November 7-8, 2002. The consultation, inaugurated by K C Pant, Deputy Chairman, Planning Commission and addressed by the Minister of Labour, Sahib Singh Verma and his deputy, besides others, was called by the Ministry of Labour in collaboration with the V V Giri National Labour Institute and attended mostly by labour officials from the Centre and various states. Trade union representatives too attended the workshop. CEC was among a few NGOs attending the meeting.

The unorganised sector is emerging as a major political issue. In official literature, the unorganized sector is seen as the solution to the growing problem of unemployment. Probably for the same reason, the government has been reluctant to bring the unorganized sector within a legal framework. It is generally recognized that the process of globalization and liberalization has worsened the situation of unorganized sector workers. The teeming millions of workers in the unorganized sector would then be a potential threat to the government, which is determined to implement the third generation economic reforms programmes in the country. The flip side of this policy is the attack on the organised sector workers, encouraging deunionisation and freedom from restrictions of labour laws.

The proposed Unorganised Sector Workers Bill, 2002, suggests a Social Security Number (SSN) and Social Security Card (SSC) for every person (identified as beneficiary) in the unorganised segment, which will be part of an umbrella legislation for the welfare of workers in the unorganised sector. There is also a provision for the constitution of central and state funds, to which employers and contractor will have to contribute a fee. The Bill also proposes welfare measures on medical care, maternity benefits, old-age pension, gratuity, unemployment insurance, educational opportunities, assistance in case of death or injury, provident fund benefits, loans, sanitation, child labour, etc. The provisions initially, would be applicable to 127 employments listed in the Bill.