The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Contents hide
1.1 DEFINITION OF UNORGANIZED SECTOR & UNORGANIZED SECTOR LABOURS-
1.2 CLASSIFICATION OF UNORGANIZED LABOUR
1.3 UNORGANIZED SECTOR IN INDIA
1.4 PROBLEMS FACED BY THE UNORGANIZED WORKERS ARE –
1.5 Apart from these problems faced, some major concerns are –
1.6 UNORGANIZED SECTOR AND THE LAWS
1.6.1 CRITICISM OF THE UNORGANIZED WORKERS SOCIAL SECURITY ACT, 2008
1.7 DRAFT CODE ON SOCIAL SECURITY, 2019
Manpower is essential for the development of the economy of a country. The countries are continuously working for the development of the workforce so as to enhance their economy. In almost all the countries, there are unorganized workforce. In India, the unorganized workers are more. Our country is striving its every nerve to reduce this sector by extending various social benefits to the unorganized workers. Our country is the overhaul process of labour laws according to the changes in the changing economic scenario.[1]
An unorganized worker plays a pivotal role in society, so they need special attention. Most of them are socially and economically deprived sections of the society engaged in informal economic activities. The government realized the pivotal role performed by unorganized sector in the economy. Therefore, many legislations and schemes have been initiated by the government for the benefit of unorganized workers.[2]
According to the Unorganized Workers and Social Security Act, 2008 “Unorganized Sector means an enterprise which is engaged in the production or sale of the food or in providing services of any kind owned by individuals or self-employed workers and where the number of workers is less than 10 in number.”[3]
According to Unorganized Workers and Social Security Act, 2008 – Unorganized worker means
The unorganized worker has been classified into 4 categories –
In India, the unorganized sector labors are unprotected. The unorganized workers are often exploited. The unorganized sector is one of the largest sectors in terms of employment of the workforce. It is a dangerous situation where a large section of the population does not receive the benefits of liberalization and consequently the social inequality is widened.[6]
According to the Economic Survey of 2018 -19, released on July 4, 2019, ‘almost 93% of the total workforce is informal.’ But according to the Niti Aayog’s Strategy for New India, released in November, 2018 ‘by some estimates, India’s informal sector employs approximately 85% of all workers.’
The latest Periodic Force Survey (PLFS) of 2017 – 2018 released in May 2019 says that even among the regular wage/ salaried workers in the non-agricultural sector (of the informal sector), 71.1% had no written job contract, 54.2% were not eligible for paid leave and 49.6% were not eligible for any social security benefit.[7]
In the era of liberalization, globalization, and privatization the country has seen drastic changes in the business environment and nature of employment. These changes created many issues in social security measures.
In this regard, the issue of social security to the growing sector of unorganized workers draws more attention in emerging India. The government enacted much social security legislation for the welfare of unorganized workers also formulated many schemes. Unorganized Workers Social Security Act 2008 is one of the significant activities which are exclusively for the protection of unorganized workers.[9]
The Unorganized workers social security Act, 2008 gave powers to Central and State Governments to formulate suitable welfare schemes, from time to time for unorganized workers. The Act required that every unorganized worker must take registration from the District Administration, shall not be less than 14 years of age. The Act also provided for the constitution of the National Social Security Board and State Social Security Board for unorganized workers by the respective Central and State Governments respectively.[10]
The code on social security was introduced in the Lok Sabha in 2019 which aimed to simplify, amalgamate and rationalize the central labour legislations, out of which one was the Unorganized Worker’s Social Security Act, 2008. The bill introduced various new aspects for the welfare of those working in the organized as well as unorganized sectors.
Thus, we see that the unorganized sector labours that constitute about 85% of the employment and contribute. To half of the country’s GDP. Yet, the workers face a lot of issues due to the lack of good laws. Or due to the inefficiency of the existing laws. Under the unorganized Workers Social Security Act, 2008, government brought a lot of schemes but to no avail. Subsequently the government brought the Social Security Code, 2019 which provides for some benefits but the problems still exist. They are still lacking in providing social and economic justice to the unorganized sector labours in comparison to the unorganized sector labours. Thus, there is a need for a more clear, stricter laws and better schemes to bring the informal sector labours on par with the formal sector labours.
[1] Mr. M. Govindarajan, [hereinafter Govindarajan] Social Security Law- Unorganized Labour, (02/15/21 7:35pm), https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=8809
[2] Richa Goel, [hereinafter Goel] Protection of the Rights of Unorganized Sector, (02/15/21 7:44pm), https://blog.ipleaders.in/unorganised-sector-rights-protection/
[3]Unorganized Workers and Social Security Act, 2008, § 2(l)
[4] Unorganized Workers and Social Security Act, 2008, § 2(m)
[5] Ministry of Labour and Employment, (02/15/16 3:36pm) http://vikaspedia.in/social-welfare/unorganised-sector-1/categories-of-unorganised-labour-force
[6] Govindarajan, supra note 1 at pg. 1
[7] Govindarajan supra note 1 at pg. 1
[8] Goel, supranote 2 at pg. 1
[9] Goel, supra note 2 at pg. 1
[10] Govindarajan supra note 1 at pg. 1
[11]Labour Pains: Draft Social Security Code has little to offer, (02/16/21 5:39pm) https://www.thehindubusinessline.com/opinion/editorial/labour-pains-draft-social-security-code-has-little-to-offer/article29558641.ece
[12]Id.,
[13] Goel, supra note 2 at pg. 1
[14] Goel, supra note 2 at pg. 1
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