THE PROTECTION OF RIGHTS OF THE WORKERS OF UNORGANISED SECTORS

SREEJOY PATTANAIK
1882108
INTRODUCTION

Today, India's workforce is divided into many sectors such as agriculture, service, and manufacturing, and surprisingly,
nearly 90% of this workforce is classified as unorganised, with the entire farm sector falling into this category, while
only one-fifth of non-farm workers are employed in organised sectors. India is known for its hardworking farmers in the
agricultural sector, but they are a part of a sector that does not formally recognise them with benefits under various acts,
social security, and other schemes. As a result, the unorganised workforce curve continues to be flat. In today's world, the
government has policies and reforms that favour big-shot entrepreneurs and industrialists. We can all relate to the
problems that this unorganised sector is facing during this ongoing pandemic. Because unorganised workers play such an
important role in society, they require special consideration.
MEANING

◦ According to the Unorganized Workers Social Security Act of 2008, 

"an enterprise engaged in the production or sale of food or in providing services of any kind owned by individuals or
self-employed workers and where the number of workers working is less than ten in number" is defined as "an enterprise
engaged in the production or sale of food or in providing services of any kind owned by individuals or self-employed
workers."
Unorganized Workers:  "unorganized workers" means as follows: home-based worker, Self-employed worker, Nature of
employment, contract, casual and bonded labor wage worker in the unorganized sector. It also includes a worker in the
organised sector who is not covered by any acts mentioned in schedule II of the Act”.
ANALYSIS OF THE PROBLEMS FACED BY THE LABORERS OF UNORGANIZED SECTOR

1. Very low wages is the main problem for unorganized workers

2. Maximum workers do not have any perfect living areas near to their workplace
3. They do not have any knowledge about work hazardous and occupational safety
4. Overtime, paid holiday or sick leave are not provided to them
5. They do not have idea on Trade Union
6. High level job insecurity is a common phenomenon unorganized sector
7. Women and child workers are vulnerable and draw very low wages
8. Maximum workers are leaving in a very deplorable condition
9. Lack of quality employment due to fraudulent acting of contractor
10. Loss of employment due to silly reason is a natural incident
LABOR LEGISLATIONS INFLUENCING WAGES IN THE INFORMAL SECTOR IN INDIA

◦ The Minimum wage Act, 1948: To provide minimum compensation for work. Workers in scheduled employment to be
paid minimum wage.
◦ The trade Union Act, 1926: To enable workers of a number of small units to form unions, who can bargain wages and
other conditions of work?
◦ The Industrial Dispute Act, 1947: To enable unions to raise industrial disputes on wages and the conciliation
machinery to intervene.
◦ The Equal remuneration Act, 1976: Assure equal wage to women for same or similar work.
◦ The Payment of wages Act, 1936: To regulate the manner of payment of wages and their realization in case of non-
payment.
In addition to that there are few labor laws applicable for informal workers include: Industries (Regulation and
Development) Act of 1951, Employees Provident Fund and Miscellaneous Provisions Act of 1952, Maternity Benefit Act
1961, Payment of Bonus Act 1965, The Building and Construction Workers Act (1996), Payment of Gratuity Act 1972,
National Rural Employment Guarantee Act -2005 (MGNREGA), Industrial Employment (Standing orders) Act 1946
ROLE OF INDIAN JUDICIARY

◦ In the case of Rural Litigation and Entitlement Kendra, Dehradun v. Uttar Pradesh : The court stated that the
right to life under Article 21 of the Constitution of India also includes the right to livelihood.
◦ In the case of People Union for Democratic Rights v. Union Of India: The court held that beggar is also a kind of
forced labor and it is a violation of the right to live with dignity, respect and fundamental human rights. If any person
is taking the service of any labor and does not pay the minimum wages, then it is a violation of Article 23 of the
Constitution of India.
CONCLUSION

◦ Despite providing many laws of social security in the Constitution of India for organized and unorganized labor force,
still the situations of unorganized labor remain same, only organized labors are enjoying the test of that fruits. There
are lots of schemes have been framed by central as well as state government both, but unfortunately, most of the time
Government has failed to apply those schemes at the time of their requirement. So, what can be done is the question
that arises seeking suggestions. First of all, they have to be educated so that they understand the importance of being
self-reliant. It requires skill development programs to be conducted on a war footing and skill development campaign
must be combined with primary education so that it can become self-reliant along with education. 
◦ Some strict law rules should be made in these workplaces, which should take care of social security. Its basic facilities
should be taken care of. Like every other citizen they should also get right to basic amenities like roti, cloth, clean
water for drinking, toilets, cleanliness, education etc. It is the right that is given to them so that their future generations
can live happily. It is very important to raise their standard of living because somewhere you will be able to see the
impact on their health as well. To keep the country on the path of progress, it is necessary to have healthy citizens.
THANK YOU