ConstructionLabour

Welfare of Special Categories of Labour

• Child Labour• Female Labour• Contract Labour• Construction Labour• Agricultural Labour• Differently Abled Labour• BPO & KPO Labour

Child Labour

“Child labour” is generally speaking, work for children that harms them or exploits them in someway (physically, mentally, morally or by blocking access to education).

It is the work that exceeds a minimum number of hours depending on the age of a child and on the type of work.

A “child” is not necessarily delineated by a fixed age.

Causes of Child laborOverexploitation of population.Decrease of resources.Decrease in literacy.Increase of poverty.Increase of unemployment.Lack of schooling and daily care.Limited choices for women

Child Labor Statistics 61% in Asia, 32% in Africa, and 7% in Latin America,

1% in US, Canada, Europe and other wealthy nations. In Asia, 22% of the workforce is children. In Latin

America, 17% of the workforce is children. 246 million child workers aged 5 and 17 were involved

in child labor. Out of which 171 million were involved in work that by

its nature is hazardous. According to certain experts approximately 10 million

bonded children labourers are working as dome In South Asia.

Beyond this there are almost 55 million bonded child labourers hired across various other industries.

Child labor in India

INDIA accounts for the second highest number where child labor in the world.

Africa accounts for the highest number of children employed and exploited.

According to certain experts approximately 10 million bonded children laborers are working as domestic servants in India.

Beyond this there are almost 55 million bonded child laborers hired across various other industries. 

Regulation and Prohibition Act This was declared by the parliament on 23rd

December, 1986.

It includes Prohibition of employment of children in certain occupations and processes.

No child shall be employed or permitted to work in any of the occupations which are hazardous by its nature

ConclusionThe social malady of child labor can be brought under

control, if each individual takes responsibility of reporting about anyone employing a child below the age of 14years.

Thus, instead of ignoring on should find out about reporting child labor and how such children can actually be saved.

 Child labor can be controlled if the government

functions effectively with the support of the public.

Female Labour

Pre-Independence Period • The prehistoric times, we see men and women in hordes leading a

nomadic life

• Women were then treated on par with men. when the custom of marriage arose, there developed in turn, the home and the family

• The women who reared the children, took care of the household and performed the general domestic labour, leaving men to do most of the outside work and so women mostly

Presently The observance of the International Women's Year in the last

quarter of the 20th century was a historic landmark in the calendar of women's progress

In recent years, women are playing an important role in economic development. Goals cannot be achieved without reducing regional inequalities and improving the status of women

They contribute significant proportion in Gross Domestic Product through actively participating in industries, services and in agricultural activities

In the urban areas, almost 80 per cent of the women workers are working in the unorganized sectors such as household industries, petty trades and services, buildings and construction

• Women have been given equal opportunities to compete with men and one another. In the last century and the early 20th century women were mostly relegated to the home and their place was the kitchen

• lead to move work in actual fact-for now they are “Managers” of their home and family as well as part of the work force

• Today’s women are joint partners in the world scheme

• We have had some great women such as Rani of Jhansi, Meerabai, Mumtaj Mahal, Indira Gandhi etc., who have been acknowledged as leaders and thinkers of our society

• The study also reveals the controversy in the context of urban-rural India, where women work participation is high in urban area and low in rural area

• Women have been given representation in the Panchayati Raj system as a sign of political empowerment as well as social development

• A significant entrepreneurial force whose contributions to local, national and global economies are far reaching

• Causalistion of urban women workforce is high in underdeveloped states except developed state like Gujarat, Karnataka, Andhra Pradesh, Kerala the causalistion of urban female workers is high

Protective Provisions for Women Employees

Safety/Health Measures Under Factories Act, 1948 Section 22(2)--No woman shall be allowed to clean, lubricate

or adjust any part of a prime mover or of any transmission machinery

Section 27--prohibits employment of women in any part of a factory for pressing cotton

Section 66(1)(b), Sec25, Sec46--no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

Section 46(1)(b)--prohibits employment of women in any part of a mine which is below ground.

• The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after child-birth and provides maternity benefits

• Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970, Section 19 of the Factories Act, 1948, Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980--Provision for separate latrines and urinals for female workers exist

• Section 57 of the Contract Labour, Section 42 of the Factories Act, Section 43 of the Inter-State Migrant Workmen (RECS) Act, 1979-- Provisions for Separate Washing Facilities

• Section 48 of the Factories Act, 1948, Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979, Section 12 of the Plantations Labour Act, 1951, Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, Section 35 of the Building and other Constructions (Regulation of Employment and Conditions of Service) Act, 1996-- Provision for Crèches

VOCATIONAL TRAINING FOR WOMEN

• A separate Women Training wing was formed under DGET in 1977. This wing is responsible for designing and pursuing long term policies relating to women Vocational training in the country

• Aims to promote employment industry as semi-skilled/ skilled & highly skilled workers by increasing their participation in skill training facilities

• 11 Institutes under women training wing comprises of one National Vocational Training Institute (NVTI) for Women at Noida and 10 Regional Vocational Training Institute(RVTls) for Women at Mumbai, Bangalore, Thiruvananthapuram, Hisar, Indore, Kolkata, Tura, Allahabad, Vadodara & Jaipur.

• The aforesaid institutes also organize need-based short-term courses for general groups - housewives, students, school dropouts, etc. and refresher training programmes in Advance skills/pedagogy for ITI instructors.

• At present about more than 6500 trainees are trained annually, in various long term and short-term courses in NVTII RVTIs. All these seats are exclusively for women. Reservations are as per Government of India rules

• Based on the recommendations and observations of Parliamentary committee on Empowerment of Women and working group on Skill Development and Training provision has been made during the XIth Five Year Plan to establish 12 more RVTIs under PPP in States Andhra Pradesh, Himachal Pradesh, Tamilnadu, Utaranchal, Chattisgarh, Chandigarh, Delhi, Bihar, Jharkhand, Himachal Pradesh, Orissa, Assam and Jammu & Kashmir

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Contract Labour

• The labour of workers whose freedom is restricted by the terms of a contractual relation and by laws that make such arrangements permissible and enforceable

• The essence of the contract labourer’s obligation is his surrender for a specified period of the freedom to quit his work and his employer

• Contract labour has been based upon conditions of poverty and upon political and religious intolerance, and it is often expressed in penal codes

• Indentured labour, one form of contract labour, was common in North America in colonial times. Its subjects were western European (mainly British) males and females. Some of the contracts were similar to apprenticeships, while the terms of others were harsh—usually imposed on criminals whose sentences were commuted if they agreed to colonial indenture. This practice is also known as indentured servitude

Contract Labour (Regulation & Abolition) Act, 1970

The main objective of this act is to regulate the contract labour and abolish it in certain cases

Applicability• Every industry engaging 20 or more workers on

contract basis.

• Every contractor engaging 20 or more workers.

Obligation of Principal employer

Register of contractors Form XII Annual return Form XXV

(on or before 15th Feb- consolidated return) Notice of Commencement/ Form VI B

Completion

Obligation of Contractor• Renewal of license Form VII• Register of workman Form XIII• Employment Card Form XIV• Service Certificate Form XV• Muster Roll Form XVI• Wages register Form XVII• Wage slip Form XIX• Deduction for damage/loss Form XX• Register of fines Form XXI• Register of advances Form XXII• Register of over-time Form XXIII

Welfare Facilities• Canteen Section 16• Rest rooms Section 17• Urinals, Latrines

Drinking Facilities Section 18• First Aid Facilities Section 19

• Principal employer will have to provide these facilities if not provided by contractor.

• In annual return these facilities needs to be shown

Applicability of other Act• Persons cover under this act will be covered under:

I) Factory Act, 1948

II) Employees’ Provident Fund & Miscellaneous Provisions Act, 1952

III) Employees’ State Insurance Act, 1948 / Workmen Compensation Act, 1923

IV) Payment of Bonus Act, 1965

V) Minimum Wages Act, 1948

VI) Payment of Wages Act, 1936

Payment of Wages• Bills of the contractor of Labour Supply is passed on the basis of

the entry in SAP.• Payment to the contract labour is disbursed in Contractor Yard.• Payment to the contract labour is disbursed before the

management representative• Representative stamps the register & signs on it.

Registers which are maintained• Gate Pass register• Attendance Register of Contract Labour• Daily entry of the contractor report• Register having no. of contract Labour

Construction Labour• A construction worker is a tradesman, laborer, or professional

employed in the physical construction of the built environment and its infrastructure. Those involved in commercial, large scale, and government jobs typically wear protective hard hats, giving birth to the descriptive term "hard hat worker"

• The most common construction trades are those of carpenter, electrician, heavy equipment operator, ironworker, laborer, mason, plasterer, plumber, pipefitter, sheet metal worker, steel fixer (also known as a "rodbuster"), and welder

• Apart from old / traditional urban/ industrial centres, new industrial/urban centres have appeared on the map where construction works are going on large scale

• Construction labourers are labourers who are migrated from different regions and states leaving their native villages in search of daily job

• Most of the construction labourers migrate to cities and metros are from poor families and are illiterate

• They become easy victim of exploitation and have to work for their day today sustenance

• If the workers are female, the problems at work site and while commuting gets compounded and multiplied. More so if they are pregnant or having small children. There is no system at all to take care of these children at work site. And they just cannot take leave out of work during this period lest they would face extreme financial problems

• Besides the problems and woes discussed above, the construction workers have no social security & benefits in terms of labour welfare measures & provisions. They don't have provisions like pension and insurance schemes, maternity leave, accident and death claims, concession loans and financial aid for children's education and medical needs

• Apart from these, there is no recreational facilities, no availability of drinking water, toilets, canteens etc

• Being part of unorganized sector of labourers, they lose in bargaining for fair wages. They are not paid minimum wages; even the agreed wages are not paid in time. Even after the construction work is over, substantial due remains with the builders or the contractors, who are always on the look for devouring these due wages.

Statistical Findings 66.7% of construction companies consist of 100-200 labourers Majority construction laborers are living in Tin sheet (71.5%), Rubber sheet shed

(17.8%) and Huts (10.7) Builder made electricity provision (27.8%) in their temporary sheds The sanitation and hygiene of the construction site and the temporary shed are

very poor (75.4%) 20.4 % of construction sites making provision of drinking water 8.7% construction companies haven't any facility for washing at all 72.2% of the companies do not pay medical cost incurred to the labourers 64.2% construction companies pay only 50-100 Rs per day to their labourers.

12.8% pay 100-150 Rs per day. 38.4% pay 151-200 Rs per day to the skilled labourers

64.8% of companies don't provide maternity leave to their labourers.

Contd…• 14.7% construction companies are making provision of holidays to their labourers• 32. While considerable percentages (66.8%) of companies doesn't provide

holidays to their workers• 63.5% of companies are not making provision of compensation benefits• 35. 77.2% of companies are not making provision of insurance benefits• Majority construction companies (67.2%) do not make provision of helmets to

their workers. • While a considerable percentage (15.9%) does not make provision of helmets to

their workers.• Majority construction companies (52.0%) make provision of Hand Gloves and

Shoes to their workers. • In majority construction sites (66.2%) labourers have to work 8 hours having a

spread over of 10-11hr in a day.

Health Hazards for the Construction Sites

.Chemical hazards .Physical hazards .Biological hazards .Social hazards

Controlling Occupational Hazards

• Decreasing exposure concentration• Environmental controls• Engineering controls• Personal protection• Eating and sanitary facilities• Injuries and Illnesses in Construction

Steps to be taken Investigate the abuse and exploitation of labourers by agents and employers and

prosecute such agents and employers.

Create awareness of construction labourer's rights and set up mechanisms of redressal.

Ensuring decent working conditions and proper contract systems and providing basic health care forconstruction labourer's.

Adequate intervention from the government authorities required ensuring the health, safety and welfare of the construction labourers.

Effective implementation of the labour laws that making provision of better health, safety and welfare of the construction labourers.

NGO's working for child welfare should consider the difficulties of the construction labourers and plan strategies to ensure free education of these children.

Ensure adequate insurance facilities for the construction labourers

Agricultural

Labor The most disquieting feature of Indian rural economy has

been the growth in the number of agricultural labourers engaged in crop production. They get unusually low wages, conditions of work put an excessive burden on them and employment which they get is extremely irregular

An agricultural labour may be the small or marginal farmer or an artisan, but when a person derives his main earning by doing some agricultural work on others farm is called an agricultural labour

Characteristics of Agricultural Labor• Organization among agricultural worker• Agricultural workers are basically unskilled• Agricultural labor is migratory• A person of low means• Lack of legal protection• Nature of employment• Indebtedness per household• Seasonality in employment• Distribution of additional labour

force by sector of activity • Hours of work• Housing conditions

Categories of Agricultural Labourers Small fanners Tenants Share-croppersCauses of Poor Economic Conditions of Agricultural Labourers Low social status Unorganized Seasonal employment Increase in population Rural indebtedness Paucity of non-agricultural jobs

Government Measures Pertaining to Agricultural Labor 

• Indian Constitution• Minimum Wages Act• Other legislative measures• Organization of labour cooperatives• Employment Guarantee Scheme• Special Area Programme • Land reclamation and settlement• Abolition of bonded labour • Other measures• Provision of housing sites

Suggestions for Improvement 

Better implementation of legislative measures Creating alternative sources of employment Resettlement of agricultural workers Improving the bargaining position Improving the working conditions Raising the standard of living Public work programmes Social security

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