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Abstract
The majority of the workforce in India is unorganised in nature. While the organised sector
workers are protected by labour laws and avail benefit of formal employment contracts and
social security measures, it is the workers of the unorganised sector who are unable to enjoy
such security and benefits. Unorganised workforce in India make a significant contribution to
the growth of the nation, while being denied basic benefits like job security, social security
measures, proper working environment, reasonable pay, pension schemes, health benefits, etc.
This paper tries to differentiate between organised and unorganised sectors, categorises the
unorganised sector into various sub-groups or sectors and highlights their issues. The concept
of social inclusion and social security is explained. Constitutional provisions as given in the
Directive Principles of State Policy which support labour welfare are mentioned. This paper
further discusses collective bargaining as an approach towards resolving issues of
unorganised labour and explores the various efforts and schemes of the Government to
organise the unorganised sector.
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A Social Inclusion Perspective of the Unorganised Sector in India Chetan Upadhyay
(Pettinger, 2017) [2]. Above divisions of sectors is of Law and Justice, 2008), [4] an unorganised
based on economy. On the basis of employment, sector is defined as “an enterprise owned by
sectors can be divided into two parts: individuals or self-employed workers and en-
gaged in the production or sale of goods or
Organised Sector providing service of any kind whatsoever, and
Section 2(f) of the Unorganized Workers where the enterprise employs workers, the
Social Security Act, 2008 (Ministry of Law number of such workers is less than ten.” It
and Justice, 2008) (Ministry of Law and may be understood as the sector which is out-
Justice, 2008), defines organised sector as “an side the purview of the Government.
enterprise which is not an unorganised sector.”
It is pertinent to note that organised sector may UN Economic and Social Council (ECOSOL)
also have unorganised workers working there. (United Nations, 1993) (United Nations, 1993)
[5] denotes the term ‘informal sector’ as:
A few labour laws which govern the organised a. All private unincorporated enterprises
sector are as follows: (informal enterprises) or households en-
• Shops and Commercial Establishment Act gaged in the production and sale of goods
(State-wise) or services, and
• Factories Act, 1948 b. Enterprises with employment size below a
• Industrial Employment Standing Order pre-determined threshold.
Act, 1946
• Contract Labour (Regulation & Abolition) It is a common observation that the availability
Act,1970 of cheap labour increases as we proceed towards
• Building and other construction workers a rural setup. In this regard, labour can also be
(Regulation of employment and conditions divided on the basis of the development of a
of service) Act, 1996 particular area. Such division can be made on the
• Payment of Wages Act, 1936 basis of labour availability and rate of wages at
• Minimum Wages Act, 1948 rural areas, semi-urban areas and at urban
• Payment of Bonus Act, 1965 areas. Difference in labour availability and the
• Payment of Gratuity Act, 1972 paying power of the employer in an area causes
• Workmen’s Compensation Act, 1923 disparity in payment received by a labourer. This
disparity among labour working in rural and
The organised sector already enjoys social urban areas may lead to exploitation. For
security benefits under the numerous above- instance, a housemaid in a semi-urban setup may
mentioned acts. receive a daily wage of Rs. 20 which loosely
amounts to around Rs.600 a month. For almost
Unorganised Sector similar household chores in an urban setting, a
The term unorganised sector was defined in a housemaid is expected to receive around Rs.
report by the National Commission for en- 1000 to Rs. 1400 per month which may increase
terprises in the Unorganised Sector to almost Rs. 2000 per month in the form of a
(National Commission for Enterprises in the salary structure, keeping in mind the occasional
Unorganized Sector, August, 2007) (National festive gifts and the unexpected day or two leave
Commission for Enterprises in the from work. In most cities’ housemaids juggle
Unorganized Sector, August, 2007) [3] as: two or three household jobs and get paid in a
monthly manner. It can be inferred from the
“The unorganised sector consists of all unin- example that in the lesser developed areas or the
corporated private enterprises owned by indi- semi-urban areas, the housemaid is the one who
viduals or households engaged in the sale and is in dire need of money and due to competition
production of goods and services operated on is ready to work at lesser wages. On the other
a proprietary or partnership basis and with hand, in urban areas as work availability is more
less than ten total workers”. and the paying power of the employers is more,
the housemaids take advantage of situation. They
According to Section (2) (l) of The Unorgan- not only take a higher payment as a salary, but
ised Worker’s Social Security Act, 2008 also skip days of work and take festive benefits
(Ministry of Law and Justice, 2008) (Ministry and holidays.
NJLIL (2019) 1–8 © Law Journals 2019. All Rights Reserved Page 2
National Journal of Labour and Industrial Law
Volume 2, Issue 2
From the discussion on sectors and the concept of social security evolved from
difference between organised and unorganised Germany in 1883 where blacksmiths, painters,
sectors, it is quite clear that labour in the weavers, etc. were required to contribute at
unorganised sector face a lot of issues. This regular intervals for social welfare, food,
paper mainly focuses on such issues of the lodging, hospital and funeral expenses of aged
unorganised sector and offers a social and disabled members of the society (Ranjani,
inclusion perspective of the unorganised 2018) (Ranjani, 2018) [8]. According to the
sector. But first, we need to understand what National Commission on Labour’s report
‘social inclusion’ means. The World Bank (1969) (1969), [9]“Social security envisages
Group (World Bank, n.d. (World Bank) [6] that the members of a community shall be
defines the term social inclusion as: protected by collective action against social
1 The process of improving the terms for risks causing undue hardship and privation to
individuals and groups to take part in individuals whose private resources can
society, and seldom be adequate to meet them. It covers
2 The process of improving the ability, through an appropriate organisation, certain
opportunity, and dignity of those risks to which a person is exposed”. Social
disadvantaged on the basis of their identity security may also be defined in simple terms as
to take part in society. “right to assistance for those unable to work
due to sickness, disability, maternity, em-
Another term about which would be important ployment injury, unemployment or old age”
to discuss at this point would be social secu- (Ranjani, 2018) (Ranjani, 2018) [8]. The
rity. Social security is the security that the underlying idea behind social security measures
State furnishes against the risks which an indi- is that a citizen who has contributed or is likely
vidual of small means cannot, today, stand up to contribute to his country’s welfare should be
to by himself even in private combination with given protection against certain hazards (I.L.O.,
his fellows (Giri, 1959) (Giri, 1959). [7] The 1942) (I.L.O., 1942).
NJLIL (2019) 1–8 © Law Journals 2019. All Rights Reserved Page 3
A Social Inclusion Perspective of the Unorganised Sector in India Chetan Upadhyay
In India, we never had a social security system scheme. A few such schemes are discussed in
because we never needed one. India has the later part of this paper. These schemes take
always had a joint family system in the us further towards achieving social security for
society. All social security needs were taken our workforce.
care of by the joint family members. With
changing time, family system in India has Issues and Challenges: Informal Workers in
started to become nuclear in nature. Hence, the Different Sectors
need for social security measures in India is Unorganised sector can be broadly classified
increasing but there is no universal social into various sub-groups or sectors as shown in
security system yet in place in India. Various Table 2 below. These sub-groups have their
schemes are launched by the government to respective issues, which are almost similar,
introduce social security in India, but yet we and challenges which would be faced in the
don’t have a formal, universal social security process of organising them.
NJLIL (2019) 1–8 © Law Journals 2019. All Rights Reserved Page 4
National Journal of Labour and Industrial Law
Volume 2, Issue 2
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A Social Inclusion Perspective of the Unorganised Sector in India Chetan Upadhyay
(Bonner, Collective Action For Informal group of 18 to 40 years. To avail the benefits
Workers) [13]. of this scheme, such people should not be
already protected under the New Pension
Ayushman Bharat Yojana Scheme (NPS), Employees’ State Insurance
Ayushman Bharat Yojana is known by many Corporation (ESIC) scheme or Employees’
names such as the Pradhan Mantri Jan Arogya Provident Fund Organisation (EPFO). Further,
Yojana (PMJAY) or the National Health they should not be an income taxpayer (Soi,
Protection Scheme or sometimes in short as 2019) (Soi, 2019) [16].
‘Modi Care’. It is a scheme sponsored by the
central government and launched on 23rd
In the presence of Union Labour Minister Mr.
September 2018.
Santosh Kumar Gangwar, Prime Minister Mr.
The scheme is targeted at poor, deprived rural Narendra Modi launched the Pradhan Mantri-
families and identified occupational category Shram Yogi Maandhan Yojana scheme an-
of urban workers' families (ET Online, 2018) nounced by the Centre in its Interim Budget on
(ET Online, 2018).[14] AB-NHPS will have a 1st February 2019. It aims to provide pension
defined benefit cover of Rs 5 lakh per family to 42 crore workers in the unorganised sectors.
(on a family floater basis) per year for Over 14.5 lakh workers have registered for the
secondary and tertiary care hospitalisation. It scheme which would enable them to receive a
will offer a benefit cover of Rs 5 lakh per fam- minimum pension of ₹3,000 per month after
ily per year. It will subsume the existing they attain 60 years (Pandit, 2019) (Pandit,
Rashtriya Swasthya Bima Yojana (RSBY), 2019) [17]. The move is likely to benefit
launched in 2008 by the UPA government (ET household helps, drivers, plumbers,
Online, 2018) (ET Online, 2018) [15]. electricians, barbers and other workers earning
less than the threshold salary under the scheme
Pradhan Mantri- Shram Yogi Maandhan (Sharma, 2019) [18]. The government is
Yojana (PM-SYM) expecting to cross 1 crore enrolments by April-
PM-SYM is a pension scheme for those people end this year under PM-SYM (PTI, 2019) [19].
whose monthly income is Rs 15,000/ per
month or less and belong to the entry age
NJLIL (2019) 1–8 © Law Journals 2019. All Rights Reserved Page 6
National Journal of Labour and Industrial Law
Volume 2, Issue 2
NJLIL (2019) 1–8 © Law Journals 2019. All Rights Reserved Page 7
A Social Inclusion Perspective of the Unorganised Sector in India Chetan Upadhyay
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e=contentofinterest&utm_medium=text&u insurance:://economictimes.indiatimes.co
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Cite this Article
launches-pension-plan-for-workers-from-
Chetan Upadhyay. A Social Inclusion
unorganised-sectors/article26439978.ece
Perspective of the Unorganized Sector in
16 Sharma, Y. (2019, January 31). The
India. National Journal of Labour and
Economic Times. Retrieved from Getting
Industrial Law. 2019; 2(2): 1–8p.
organised: 25% of unorganised workforce
may get minimum pension: https://econom
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