LABOUR AND INDUSTRIAL LAWS

“The Unorganized Workers’ Social Security Act, 2008”

A Critical Analysis in the Pandemic Era

SUBMITTED TO: SUBMITTED BY:

PROF. VIRENDER NEGI RAHUL SAHAY

LABOUR AND INDUSTRIAL LAWS Roll No.- 16268

U. I. L. S. SECTION A

SEMESTER IX

B. A. LL. B. (Hons.)
 ACKNOWLEDGEMENTS

I would like to thank my professor, “PROF. VIRENDER NEGI”, for giving me the
opportunity to make a project report on the topic, “THE UNORGANIZED WORKERS’
SOCIAL SECURITY ACT, 2008, A Critical Analysis in the Pandemic Era”, which has
helped me learn more about this topic and make an in- depth study in this area. I would like to
thank my parents, without whose cooperation and motivation, I couldn’t have completed this
project. I am also very grateful to my friends for their help and support and constant
encouragement.

2
 INDEX

S. NO. TITLE PAGE NUMBER

1. INTRODUCTION 4

2. SOCIAL SECURITY AND ITS NEED 4- 5

3. THE UNORGANIZED WORKERS 5- 6

4. ISSUED IN RELATION TO THE UNORGANIZED 6

WORKERS

5. SCHEMES AND POLICIES PRIOR TO THE 7- 8

UNORGANISED WORKER’S SECURITY ACT
2008

6. SALIENT FEATURES OF THE SOCIAL 8- 9

SECURITY ACT 2008

7. CRITICAL ANALYSIS IN THE PANDEMIC ERA 10-14

8. CRITICISM OF THE ACT 15

9. SUGGESTED AMMENDMENT TO THE 16

UNORGANISED WORKERS SOCIAL SECURITY
ACT 2008

10. CONCLUSION 17

11. BIBLIOGRAPHY 18

3
 I. INTRODUCTION

India is a country consisting of a large population. Most of the people are engaged in work in
the unorganised sector. Nearly 92% of the total population is the unorganised workers1. These
workers are those who do not have sufficient means to ensure their security themselves.
Therefore, they must be provided with certain securities in order to support their living
condition. Social security is not only for the well- being of these workers but is equally
important for their families and the entire community. It is a fundamental means for creating
social organization, and ensuring social peace and social inclusion. It is an indispensable part
of the Government’s social policy. It is an important means which can be used to prevent and
alleviate poverty. Social security is an outcome of the realization that the “Unorganised Sector”
is growing at an alarming rate day by day. With the growth of “Unorganised Sector” the need
for ensuring social security has become a challenge for the Government. The Government of
India has made various efforts to frame social security schemes and policies in order to bring
social security of “unorganised workers” within its purview2.

II. SOCIAL SECURITY AND ITS NEED

The word “social security” does not have a precise definition. It is a dynamic concept that keeps
on changing as per the conditions that prevails in the society. Literally, it means public
provision for the economic security and social welfare of all individuals and their families,
especially in the case of income losses due to unemployment, work injury, maternity, sickness,
old age, and death. The term includes not only social insurance but also health and welfare
services and various income maintenance programs designed to improve the recipient’s welfare
through public service3. Many authors have defined social security in many ways. “It is an
attack on five giants, namely want, disease, ignorance, squalor and idleness.”4 It is “the
security that society furnishes, through appropriate organisations, against certain risks to
which its member are exposed”5. The main goal of social security is to provide protection and
uplift the life style of the people who are engaged in employment especially in the unorganised
sector. The living conditions of unorganised workers in the country seem to be very miserable.

1
Eleventh Five Year Plan (2007–2012) Social Sector Volume II Planning Commission, pg 149.
2
The Unorganised Workers Social Security Act, 2008.
3
According to the dictionary of Britannica encyclopaedia.
4
A.M. Sharma, Aspects of labour welfare and social security; defined by Lord Beveridge, pg 183.
5
Ibid (defined by International Labour Organisation).

4
They live mostly in the slum areas. Most of them even do not have a proper place for shelter
which leads them to push up down to sleep wherever they find place to sleep. It is very difficult
for them to even manage their daily food requirements. In this way, they too neglect their health
because they are forced to do so as there is no “security” for their tomorrow. Social security
has a wide scope apart from prevention or relief of poverty. It has a three- fold aim:
“Compensation, Restoration and Prevention”6. Therefore, it can be said that “social security‟
means the continuous economic support to human beings for their social well- being.

“Access to social security has become a fundamental human right to which every individual is
entitled as a member of the society.”7 The need to provide “social security‟ has been felt for
“arrangements for workers and their families to enable them to deal with transiting poverty
and vulnerability caused by shock or misfortune.” Thus, social security is undeniably a part of
the subject that needs to be acknowledged by the Government. It is to be available so as to
combat the problems faced by the “Unorganised Workers”. Although “social security is not
viewed as a fundamental right, Article 42 requires that the State should make provisions for
securing just and humane conditions of work and for maternity relief.”8 Similarly, the State
has to make an effort to secure to all workers engaged in agriculture, industrial labour, etc.,
such conditions of work that ensure a decent standard of life.9

III. THE UNORGANISED WORKERS

The term “unorganised labour” has not been precisely defined anywhere. Generally, it includes
those workers who have not been able to organise themselves in pursuit of their common
interests due to certain constraints, such as casual nature of employment, ignorance and
illiteracy, small and scattered size of establishments, etc.10 The Ministry of Labour has
categorised the unorganised labour force under four groups11:

1. In terms of occupation;

2. Nature of employment;

6
Ibid (pg184).
7
Ibid.
8
Supra notes 1 at pg 149.
9
Supra notes 1 at pg 150.
10
http://labour.nic.in/dglw/otherunorg.html defined by the First National Law Commission on Labour (1966-
69).
11
Ibid.

5
 3. Specially distressed categories; and

4. Service categories.

In terms of occupation, it includes small and marginal farmers, landless agricultural labourers,
share croppers, fishermen and those engaged in animal husbandry, beedi rolling, labelling and
packing, building and construction workers, leather workers, weavers, artisans, salt workers,
workers in brick kilns and stone quarries, workers in saw mills, oil mills etc. In terms of nature
of employment, they are attached agricultural labourers, bonded labourers, migrant workers,
contract and casual labourers. The “unorganised worker” means a home- based worker, a self-
employed worker or a wage worker in the unorganised sector and includes a worker in the
organised sector who is not covered by any of the Acts mentioned in Schedule II.12

IV. ISSUES IN RELATION TO THE UNORGANISED WORKERS

The major issues of the Unorganised Workers may be enumerated as follows:

1. No precise definition of the term social security.

2. Most workers are causal and manual workers.

3. Collective bargaining power is less.

4. Migration.

5. Exploitation of workers in the work place.

6. Problems faced especially by women.

7. Housing facilities not adequate.

8. Health issues.

9. Forced child labour.

10. Deprivation of elementary education of children. etc.

12
http://labour.nic.in/act/acts/Unorganised-workers-social-security-act-2008.pdf As per Section2(m) of “The
Unorganized Workers Social Security Act 2008.” Schedule II includes The Workmen's Compensation Act, 1923
(8 of 1923). 2. The Industrial Disputes Act, 1947 (14 of 1947). 3. The Employees' State Insurance Act, 1948 (34
of 1948). 4. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952). 5. The
Maternity Benefit Act, 1961 (53 of 1961). 6. The Payment of Gratuity Act, 1972 (39 of 1972).

6
 V. SCHEMES AND POLICIES PRIOR TO THE UNORGANISED WORKER’S
SECURITY ACT 2008

In India, there was no specific legislation on social security at the national level which was
exclusively for unorganized workers. However, the social security legislations primarily for
urban and organized workers were covered by Labour Laws such as13:

1. The Minimum Wages Act, 1948

2. Bonded Labour System (Abolition) Act, 1976.
3. Payment of Wages Act, 1948.
4. Maternity Benefit Act, 1961.
5. Insurance Act, 1948.
6. Personal Injuries Act (compensation Insurance) Act, 1963.
7. Payment of Gratuity Act, 1972.
8. Workmen’s Compensation Act, 1923.
9. Plantation Labour Act, 1948.
10. Employees Provident Fund and Miscellaneous Provision Act, 1976.
11. Child Labour Act (Prohibition and Regulation) Act, 1986.

As far as the legislation is concerned, it has failed to adequately address the social security
concerns of workers in the informal sector or to provide specific welfare measures. Also, the
workers in the unorganized sector are not protected in terms of security of employment, better
working conditions and effective machineries for identification of eligible beneficiaries,
dispute resolution, etc.

Besides the legislation, the Government and other social institutions have launched certain
social security programs to meet certain basic needs of the poor and informal sector workers.
The first initiative for social security at the national level was the “Community Development
Program” in 1950. With the Community Development Programme, the other schemes are the
‘Social Assistance Programmes’, ‘Social Insurance Schemes’, ‘Welfare Funds’, Aam Admi
Bima Yojana, Rashtriya Swasthaya Bima Yojana, National Old Age Pension Scheme14, et al.
However, despite the implementation of all these schemes, the life of unorganised sector
workers has not improved. These workers still face lots of hardships to maintain their

13
Supra notes 1 at pg 150.
14
Supra notes 1 at pg 150-154.

7
livelihood. Although the Government is constantly trying to resolve the issues on social
security of “Unorganised Workers”, it has failed so far as the matter is concerned.
Subsequently, a Bill was prepared as an “Umbrella Legislation” for the “Unorganised Sector
Workers” in order to enable legislation for the growth and development of these workers by
the Second National Commission on Labour15. Later again a Bill was proposed in the year
2007 for ‘social security’ named the ‘Unorganized Sector Workers Social Security Bill,
2007’16. It provided the proposal for the Central Government to create social security schemes
related to (i) life and disability cover, (ii) health and maternity benefits, (iii) old age protection,
and (iv) any other benefits to be determined by the Central government. The State Governments
may formulate schemes for (i) provident fund, (ii) employment injury benefits,(iii) housing,
(iv) educational schemes for children. (v) skill upgradation of workers, (vi) funeral assistance,
and (vii) old age homes, and other schemes as laid thereunder17. Thus, the Government enacted
the Act in the year 2008.

VI. SALIENT FEATURES OF THE SOCIAL SECURITY ACT 2008

The object of the Act was to provide “social security” and welfare of the “Unorganised
Workers” and all matters that are linked and connected with it. The Act is to be applicable to
the whole of India and to all unorganised workers18. As per the Act, an ‘Unorganised Worker’
means a home- based worker, a self- employed worker or a wage worker in the unorganised
sector and includes a worker in the organised sector who is not covered by any of the Acts
mentioned in Schedule II to this Act.19

Social Security Benefits20: The Central Government is to formulate schemes for the welfare of
the unorganised workers which covers (a) provident fund; (b) employment injury benefit; (c)
housing; (d) educational schemes for children; (e) skill up gradation of workers; (f) funeral

15
http://www.socialsecuritynow.org/Resource/Umbrella%20legislation.pdf
16
Supra notes 1 at pg 152.
17
Ibid.
18
Section 1 of the Unorganized Social Security Act 2008.
19
Supra notes 12.
20
Ibid Chapter II Section 3.

8
assistance; and (g) old age homes. These schemes are to be funded by the Central Government
wholly, or partly funded either by the Central or State Government.21

Establishment of National Security Board22: The Act provides for the establishment of National
Security Board for the unorganised workers at national level. The board shall consist of the
Union Minister as a Chairperson , the Director General of Labour Welfare as Secretary and
thirty- four members to be nominated by the Central Government, who shall be representing
the unorganised workers .

Establishment of State Social Security Board23: The Act provides that each state must establish
social security boards for the welfare of unorganised workers and to exercise the powers and
functions assigned to them. The Board shall consist of Minister of Labour and Employment of
the concerned state as a Chairperson and the Principal Secretary or Secretary Labour- Member
as Secretary. Twenty- eight members are to be nominated by the State Government
representing the unorganised workers respectively.

Registration24: Every unorganised worker is needed to register him/herself as an unorganised

worker so as to get the benefit from the schemes. A child who has attained the age of 14 years
is also entitled for registration. The registration is made by the State Governments at district
levels by providing “smart cards” with an identification number so that each worker is eligible
for a suitable security scheme. Other than all the mentioned provisions, the Act has provided
powers to the Central and State Governments to deal with the related matters to meet the object
of the Act25.

21
Ibid Section 4.
22
Ibid Chapter III Section 5.
23
Ibid Chapter IV Section 6.
24
Ibid Chapter V Section 10.
25
Ibid Chapter VI Section 11.

9
VII. A Critical Analysis in the Light of Covid-19 Pandemic

On the onset of the spread of Covid-19 pandemic in India the Central Government of India in
order to curb the transmission of the pandemic announced 21 days lockdown all over India on
24th March, 2020. This lockdown was implemented within four hours of its announcement.
The Government in a haste to control spread of coronavirus failed to contemplate the plight
of migrant workers who are the backbone of Indian economy. Without any predetermined
course of action for making necessary arrangement for aiding migrant workers to reach their
home safely the Government made a blunder. The migrant workers are vulnerable
communities of India, their issues have been neglected for years. The privileged class of
visible India was not concerned about the interests of the migrant labourers. The pandemic
made the privileged class realize the need for advocating the rights of the migrant workers
who constitute 45.36 crore or 37 % of the country’s population according to 2011 census. In
World Bank‘s Report (2020) it is stated that ‗ ―lockdowns, loss of employment, and social
distancing prompted a chaotic and painful process of mass return for internal migrants in
India and many countries.‖ ‘ Covid-19 has accentuated informality and inequality in the
society. According to the ―Periodic Labour Force Survey (PLFS) 2017-18 , more than 70 %
of the workers in the non-agricultural sector with a regular salary—most of them migrants—
did not have a written job contract, and 50 % did not have any social security benefits
(Government of India, 2019).

The outbreak of any epidemic is not a health crisis it also impacts economy and migrant
labourers. India has seen mass exodus of people due to epidemic, famines, droughts,
environmental factors in past also but this time the exodus of people is from work. This
sudden decision of lockdown by the Government kept the migrant workers stranded in their
place of work with no source of income. The migrant workers are the worst sufferers of this
pandemic. At first to curb the spread of the disease the Central Government did not allow the
migrant workers to return to their homes. The social media spread information about the
migrant workers that if they are allowed to travel back to their place of origin that will lead to
spread of the disease. Later on, the State governments were allowed to make necessary
quarantine arrangements and food supply for migrant workers so that they can return to their
homes. However, all these measures were adopted at a much later time although the measures
proved inadequate. India witnessed the historical mass exodus of migrant workers from 14th
April, 2020 to their home towns when daily wage earners gathered at railway stations and bus

10
terminals with their children. Shramik Special trains and special buses were arranged for the
migrant workers. However online booking system was initiated as it was assumed that they
have smart phones and that they will be able to book tickets online. Many migrant workers
could not book tickets online so they started walking miles after miles to reach their cities.
During this journey the health conditions of migrant workers and their children deteriorated.
It was reported that one pregnant woman delivered her child in between her journey towards.
In another heart wrecking incident, 16 migrant workers died as they felt asleep near railway
tracks after walking for miles to reach their destination. In some cases, migrant workers
returning home faced violence from members of their community. Many died because of
heart attack. All these incidents made the privileged class of visible India the agony of
migrant workers who are historically disposed of.

Issues faced by migrant workers during Covid-19 pandemic in India:

• Inadequacy of resources- Migrant workers are the weakest section of our society.
The rush decision of the Government to announce nation-wide lockdown played
havoc on migrant workers specially women migrant workers. Women migrant
workers are highly over-represented in the informal sector and often remain unpaid or
inadequately paid. Seasonal workers specially those who are from tribal communities
suffered a lot. The sudden lockdown left the migrant workers jobless and with little
amount of money with which surviving in big cities became impossible for them.
Although Government asked the landlords to grant relaxation and exempt payment of
rents still many landlords pressed for payment of rents. Maximum of the migrant
workers reported that they did not receive ration from government agencies at their
place of work. In urban areas the migrant workers lacked the means to self-isolate
themselves. So, the migrant workers were left with no option and decided to left the
cities and set towards their villages. They began the herculean task of walking
towards their village this made the health conditions of women and children worse.

• Violation of fundamental rights: Migrant workers' fundamental rights, such as their

right to livelihood, right to employment, and right to health, were violated as a result
of the socioeconomic system's inherent inequity. People's fundamental rights,
according to Article 21 of the Indian Constitution, are not limited to mere survival,

11
 but also include the right to livelihood, housing, dignity, liberty, and civic health. The
privileged class of India conceptualize fundamental rights as belonging to themselves
and not others. The conception of fundamental rights as mere survival for
underprivileged class is a root cause behind migrant workers living in drudgery and
without being recognised by the upper class. However, in reality, fundamental rights
belong to everyone as it is essential to live a quality life otherwise life will become a
mere animal like existence. So, in a civic society these fundamental rights must be
extended to the marginalised sections of the society also. Another factor contributing
to migrant workers' ignorance of their rights is their lack of participation in the
electoral process. They leave their home for work, and their contractors or employers
do not want them to go back and vote. As a result, the identity of migrant workers has
trickled down to that of refugees in their own country. They had to stand in long
queues for getting food and the volunteers were interested in clicking their pictures
which is no doubt an inhumane behaviour. They have an equal right to live with
dignity like other citizens of India. Police brutalities against the migrant workers
added more trouble. They faced violence from police for not being able to adhere to
Covid-19 guidelines. After reaching home also some workers faced violence from
family members and villagers as they were viewed with suspicion as to carrier of
disease. Not only they lost their means also but also the cooperation and sympathy of
the community.

• Faulty socio-political system: The migrant workers don’t have faith in the existing
socio-political system which is flawed. They are of the notion that whatever
privileged class do they do for their own benefit, good for all concept is missing from
the contemporary society. They felt their own powerlessness and oppression of the
upper class in the existing social order. Politicians also remain silent on the issues of
migrant workers. Migrant workers feel a sense of injustice where the system instead
of working for their benefit have worked against them. They feel as they are poor
nobody will listen to them.

12
• Lack of awareness: Migrant workers may be unaware of existing programmes
accessible to them, such as employment injury or unemployment compensation, due
to a lack of knowledge and language hurdles. Administrative processes' inherent
complications may hinder them from receiving social security payments. ―Social
protection responses should build resilience, reduce poverty, facilitate economic
reintegration into the labour market, tackle inequalities and foster social cohesion
(ILO 2017) and particular attention should be paid to migrant workers in vulnerable
situations (ILO 2020a). Most of the migrant workers can not enjoy the benefit of the
schemes that are available to them as they lack identity proof like ration card, Aadhar
card. So, it is mandatory to have some identity proof and enrolment under any
government schemes to reap the benefit of the schemes. Consequently, unregistered
migrant workers without any valid proof of identity will remain deprived of the
benefits of the schemes. However, contractors most of the time don’t take initiatives
to enrol the migrant workers officially under the schemes. The Inter-State Migrant
Workmen Act 1979 (Regulation of Employment and Conditions of Service) provide
benefits like minimum wages and monetary assistance to go back home to inter-state
migrant workers however this Act does not extend protection to those migrants who
have set towards home on their own.

• Insufficient measures: Measures that were adopted to tackle the problems of migrant
workers were inadequate. A critical gap existed in providing standard relief (provision
for food, water, sanitation and shelter). State governments were asked to provide for
temporary shelter homes at destination areas. However, the living conditions and
sanitation was not up to the mark in the shelter homes. Many families did not receive
ration properly. The compensation under the Disaster Management Act,2005 for loss
of lives and livelihood is also inadequate. Similar is the situation with regard to
benefits under the Building and Other Construction Workers Welfare Board
(BOCWWB). According to the statute, one must have worked for 90 days in the
previous year to be eligible for registration. Furthermore, the majority of states do not
register migrants, and registration is non-transferable. Furthermore, the total number
of BOCWWB-registered workers in the country is only 35 million (The Economic
Times, 2020, March 27). Delhi food rights group in a letter addressed to Delhi’s CM

13
 amidst the second wave of Covid-19 pandemic points that, Nazia Khatun, a domestic
help in Delhi city said that, ‗ ― I have a family of six to feed. At present, we can eat
only one one meal a day. I am also required to pay 5000/- rupees as rent. Where am I
supposed to get the money from? What has the government done in this entire
lockdown period for the poor? The Delhi Rozi Roti Adhikar Abhiyaan (DRRAA) was
concerned about 69 lakh people who did not possess ration cards and registered
themselves under government scheme for food. The DRRAA in its letter to the Chief
Minister said, ‗ ―The guidelines state that in the initial phase of distribution, grains
will be provided to two lakh beneficiaries and later as per demand and need
assessment from the field, up to the maximum of 20 lakh beneficiaries. This is grossly
inadequate. The primary cause of concern of DRRAA is that no date has been
provided as to when the scheme will be rolled out.

In the case of, Bandhua Mukti Morcha v. Union of India & Ors26., A Supreme Court bench
of Justices Ashok Bhushan, S.K. Kaul and M.R. Shah took cognizance on a Suo Moto
migrant workers case whereby the Supreme Court directed that all cases registered under the
National Disaster Management Act, 2005 regarding lockdown violations against the migrant
workers should be withdrawn. The National Human Rights Commission (NHRC) had
proposed both short- and long-term mitigation measures for the Supreme Court to consider in
order to improve migrant workers' conditions and protect their basic human rights. The Apex
Court, directed all the States/Union Territories to register all establishments and license all
contractors under the Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 and ensure that statutory duty imposed on the contractors to
give particulars of migrant workers is fully complied with.

26
916 of 2020 (SC)

14
VIII. CRITICISM OF THE ACT

Although the Government has enacted the said Act for the purpose of providing
“social security” to “unorganized workers”, yet it has not been very effective and suffers from
several pitfalls. The Act has not provided a proper definition of the term “social security” as to
what it means or indicates. “Social security” does not merely mean providing schemes, but is
to be addressed as a privilege from the outlook of rights derived from the Constitution and its
principles27. The Act even fails to cover those workers who are dependent on the livelihood
systems within its definition and also fails to provide an ‘Umbrella Legislation’ which was
proposed in the Bill of 2005 and simultaneously again in 200728. The Act just provides the
benefit of registration and does not give any other “social security”. It has referred nothing for
security apart from establishment of the Social Security Board at the National and the State
Level. There is no recommendation of any method through which “social security” shall be
ensured to the workers apart from the provided schemes. Welfare Fund is one of the measures
to provide social security but no such provision has been incorporated in the Act for the
establishment of such funds. Problems relating to migrated workers are also not covered by the
Act29. This is one of the major problems that increases the number of the workers in the
unorganized sector for economic incentive. Problems faced by the women workers like sexual
harassment, gender wage gap, non-payment of wages, etc. has been completely ignored. In
case of any disputes, no means have been provided to resolve such disputes. There is no
recommendation for the establishment of “trade unions” in the Act, which strengthen the power
of collective bargaining. Trade unions are one of the most important means through which
workers are basically represented. The Act does not recommend ensuring ‘right to livelihood
as a part of the social security’30. Therefore with all these aspects, it can be said that the Act is
not so efficacious in providing “social security” to the “unorganised workers”, and hence would
require some monumental amendments in the future.

27
http://www.labourfile.org/ArticleMore.aspx?id=1050
28
Supra 15.
29
Supra notes 26.
30
Ibid.

15
IX. SUGGESTED AMMENDMENTS TO THE UNORGANISED WORKERS
SOCIAL SECURITY ACT 2008

The basic purpose of the definition of the term “unorganised worker” must be to ensure that at
least for the limited purpose of social security and welfare, no worker is left out. Along with
that, other terms such as “social security” and “family” must also be defined so that the benefits
that are covered by the ILO Convention on Minimum Standards of Social Security accrue to
all the workers and their families31. The Act has not provided any measures which ensure
welfare for women workers. The “National Commission on Self- Employed Women and
Women Workers” has made recommendations that there is need for a legislation to protect
women workers32. On the basis of their report, they observed that women were exploited in
terms of wages. Thus, the need for fixing the minimum wage for women has been
recommended33. Since the definition in the Act has not covered most of the workers which fall
under the category of “unorganised workers”, this definition needs to include workers who are
dependent on the traditional livelihood system as well. The inclusion of unpaid women workers
and unpaid family members to the term “self- employed” and “home- based” workers engaged
in work done by their family for livelihood also needs to be done. Creation of welfare funds by
the Government for Social Security and the establishment of a dispute resolution mechanism
for resolving the disputes must also be included in the purview of the Act. The powers of the
Social Security Boards are not effective to exercise their function as they act as an advisor to
the Government. The Act also needs to ensure the inclusion of livelihood rights as a part of
social security. The benefits mentioned in the Act are not sufficient and hence, it needs to
incorporate schemes which can meet the actual needs of the workers. Therefore, the lawmakers
need to look at the recommendations proposed by the National Convention on Social Security
for Unorganised Workers and incorporate the same within the ambit of the Act in order for it
to have an actual impact on society.

31
Supra notes 1.
32
http://books.google.co.in/books?id=KiL-
%206fmKPfQC&pg=PA1967&dq=social+security+of+women+in+unorganised+workers+report+The+'Nationa
l+Commission+on+self-+
33
Ibid.

16
 X. CONCLUSION

Certain sections of society are extremely vulnerable due to poverty, and, among these
“unorganised workers” are a major chunk. They form a class of society that can be and is the
most easily exploited. Therefore, it can be said that the need for bringing changes to the
“Unorganised Workers Social Security Act” is necessary. Social security is one of the most
necessary subjects which need to be acknowledged by the Government in order to combat
poverty problem. It is important to correct the presently existing legislations in order to protect
these laws from redundancy.

For the first time, the COVID-19 situation has brought "invisible" migrants and the phenomena
of migration to the forefront of policy concerns about social protection. The need for social
policy consolidation is being emphasized by the pandemic lockdown. The current migrant
catastrophe obscures a main scenario: enormous unemployment and precarious, unsafe work
that has characterised labour in recent years. Based on the existing policy framework,
workplaces must provide improved protection and decent labour standards for informal
employees after COVID 19. Governments must also acknowledge that rural employment is
significant to millions of people's survival. Rural social protection systems, such as The
Mahatma Gandhi National Rural Employment Guarantee Act, should be spread to urban areas,
and other welfare measures, such as maternity and child protection should be made more
widely available. The Indian government's pandemic plan has serious flaws, and it is critical
that those flaws be rectified and a new pandemic policy introduced that is more humane,
adaptable, and inclusive. Internal migration should be prioritised in policy making. In addition,
there is a need to improve viewpoint of Indian society towards internal migrants.

17
 BIBLIOGRAPHY

BOOK REFERENCES

• Planning Commission Government of India, Eleventh Five Year Plan(2007–

2012)Social Sector, Volume II

WEB SOURCES

• http://labour.nic.in/dglw/otherunorg.html
• http://labour.nic.in/act/acts/Unorganised-workers-social-security-act-2008.pdf
• http://www.socialsecuritynow.org/Resource/Umbrella%20legislation.pdf
http://www.labourfile.org/ArticleMore.aspx?id=1050
• http://books.google.co.in/books?id=KiL-
6fmKPfQC&pg=PA1967&dq=social+security+of+women+in+unorganised+workers
+report +The+„National+Commission+on+self-+

18