Signs of The Times
IN FOCUS
Unorganised Workers Bill 2007
From:
"Sridevi Panikkar" <spanikkar@pwescr.org>]
Date: Thu, 15 Feb 2007
Subject: [jivika] Urgent- Unorganised Workers Social Security
Bill 2007
Dear friends
We wish to draw your urgent attention towards the Unorganised
Workers Social Security Bill 2007 which has been put on the official
Website of the Ministry of Labour, Govt. of India for inviting public
comments by 15th Feb, 2007.
This proposal is a gross betrayal of the expectations and genuine needs
of nearly 39 crore workers of the unorganised sector of the country, at
least one-third of whom are women, and their dependents. It has
completely ignored the suggestions given by all the organizations and
forums since the recommendations of the Second National Commission for
Labour for social security legislation for unorganised sector workers.
This draft legislation exhibits only contempt for democratic
institutions such as the trade unions, the Lok Sabha’s Committee on
Petitions and the people of India by choosing to ignore the prolonged
and informed public debate and consensus on the issue. It also betrays
the Governments reluctance and tactics to delay the Bill.
It is critical at this juncture that all of us come together and
strongly oppose the unworkable Unorganised Workers Social Security Bill
2007.
We are enclosing below the comments sent by PWESCR to Mrs. Urmila
Goswami, Joint Secretary, Ministry of Labour-Government of India which
puts forward the main concerns from perspective of women workers which
have not been addressed by the Bill.
The Bill can be accessed at Ministry of Labour website-http://labour.nic.in/
Mobilization and campaigns on this issue is already underway in many
states across the country and further action during the Parliamentary
session is also being planned.
If you would like to receive more details or share your views, please
contact us at pwescr@pwescr.org;
Phone: 91-11-40536091.
Regards
Sridevi Panikkar
--
Respected Urmila Goswami:
Sub: Our
Comments on Unorganized Workers Social Security Bill 2007
1. The current Bill is a shock to the Unorganized Workers since
it has disregarded the voices and demands of the movement of
Unorganized Sector Workers especially those of women workers.
2. The Bill is totally inadequate to meet the real needs of Unorganized
Sector Workers. We demand that a Comprehensive Legislation must be
drafted for Unorganized Sector Workers, covering all aspects of Social
Security, Regulation of Employment and Wages, Decent Conditions of Work
Protection of Women Labour from Sexual Harassment, Rights over
Resources and Dispute resolution.
3. The Bill covers only wage worker. A lot of women are unpaid workers
in family farms and enterprises and are completely left out of this
Bill. Exclusion of unpaid workers from the purview of this Bill means
that extremely large sections of women workers in the country remain
unprotected and without any social security.
4. This Bill completely abrogates Parliamentary responsibility by
leaving the critical issue of defining the elements of social security
and enacting it through the law to the Central government or a National
Board. The contours of Social Security are not even mentioned in the
Bill thus it is a law without Legislative Policy. The legal provisions
with guarantees such as Employment and wage guarantee, Non Employment
allowance, ESI and Health Benefits similar to the organized sector,
reasonable Pension including widow’s pension, Maternity Benefit,
Education assistance Housing and Crèches are essential and must be
provided for under national minimum social security benefits.
5. The Bill fails to define the benefits and identify the beneficiaries
under the listed national minimum social security benefit.
6. The Bill depends solely on a contribution based schemes which are
disadvantageous to women because most women are engaged in either
unpaid orlow paying jobs and have many interruptions in their working
lives due to child birth and domestic work at home. Their capacity to
contribute to such schemes that too on a regular basis is therefore
low. Minimum social security benefits should be available to all
workers, especially women, irrespective of their ability to contribute.
Minimum social security benefits should be financed by the Government
and at least 3% of GDP annually should be earmarked to ensure minimum
social security benefits to all.
7. Important matters where uniformity is critical such as procedures
for registration of workers, issuance of identity card, unique social
security number, portability of registration and cessation of
registration under the Act have not been elaborated by the Bill, nor
has the Central government given the power to do so.
8. Women workers usually find themselves excluded from participation in
decision making regarding administration and implementation of labour
laws. The current Bill does not ensure women’s representation
adequately and proportionately at all stages of administration
and implementation.
-------------------------
Sridevi Panikkar
Programme Associate
PWESCR (Programme on Women's Economic,
Social and Cultural Rights)
B-109, Kalkaji, IIIrd Floor
New Delhi, India, 110019
Phone: +91(0)11-40536092
Fax: +91(0)11-40536095
www.pwescr.org <http://www.pwescr.org/>
