The Ministry of Labor and Employment proposes to develop a National Database of Unorganised Workers (NDUW), which will be a comprehensive database of Unorganised workers, including construction workers, Aadhaar construction workers, and migrant workers. It includes details like name, occupation, address, occupation type, education level, skill type, family details, etc., helping to optimize job match and extend benefits to their social security. Information on plans/programs implemented by the government for the welfare of skilled and unskilled migrant workers in the country including Garib Kalyan Rojgar Abhiyan, Pradhan Mantri SVANIDHI Scheme, Aatm Nirbhar Bharat, Pradhan Mantri Garib Kalyan Yojana, One Nation One Ration Card, financial assistance for construction workers and other construction workers, etc.

The Department of Labor, an office within the Department of Labor and Employment, mandates the conduct of all extradition investigations against migrant workers. On September 9, 2020, the Indian government established an expert group to review and finalize the timing, sampling design, and other technical details of the aforementioned questionnaire survey conducted by the Ministry of Labor. “Sarva Shiksha Abhiyan (SSA)” is a universal education program of the Government of India aimed at providing free and compulsory education to children aged 6-14 who are entitled to an education. Also. We also offer scholarships to target groups of Department of Ethnic Minorities, Department of Permits for People with Disabilities, Department of Labor and Employment, Tribes, Ministry of Education, Culture, Sports, Science and Technology, Department of School Literature, and other ministries.

The predicament of unorganized workers in various sectors

The unorganized sector is essential for job creation in the Indian economy. We have a large workforce, most of whom are looking for jobs in unorganized sectors. Simply put, an unorganized sector can be understood as a company or individual who is engaged in the production of goods and services but has less than 10 employees. Many economists believe that if the unorganized sector continues to grow, it will solve the rising unemployment problem we have faced for some time. Unorganized sectors can absorb additional workforce into the workforce more effectively than organized sectors. But the plight of these workers is often overlooked. Bangalore, for example, has a large and unorganized workforce, mostly women.

Low wages are one of these problems. The employee will receive a minimum salary, which can lead to very difficult meetings. For this reason, the government of Sidramaia announced on February 22 last year a plan to increase the minimum wage for workers in garment factories from Rs 8,500 / month to Rs 12,250 / month. This amount is very low to maintain in a large city like Bangalore. Also, if you only receive the minimum amount, you will not be able to save for a better future and you will fall into the vicious cycle of poverty. However, the owner objected that the salary was so high that it could not be increased. The project was withdrawn because the government was offended by the owners of the plant and unable to move forward. This describes a situation that only applies to garment factory workers, but the same applies to other situations working in other factories. Optimal Pareto results suggest that a policy should be implemented if it improves the lives of citizens without worsening the individual’s situation. The government should work for the welfare of the workers and encourage them to raise wages until there are no losses. Workers also have problems with substandard working conditions. The Government of India is welfare-focused and is aware of the recent plight of unorganized workers. This is why the revised government cares so much about the unorganized sector with the interim budget passed in February. Finance Minister Piyush Goyal announced the launch of PMSYM (Pradhan Mantri-Shram-Yogi Mandhan), a new system to provide a security pension of Rs 3,000 after age 60. This plan will get 100 rupees not only from the workers but also from the government.

However, in practice, while the system provides a permanent guarantee to workers, it is not entirely fair to require workers who receive only the minimum wage to contribute to this pension. In addition, the government can increase the contribution of capital that it considers insufficient during this period. That’s why this bill needs to be amended when it fully passes in the final budget. The problem is that most of these unorganized workers are unaware of the various rights they have because they are not educated. This is why most of them work in bad conditions and don’t act like this to keep improving the situation. Various severance pay schemes are being employed as part of the provisional budget, but it is not clear whether these workers are aware of the severance pay scheme, nor how to take advantage of it. Further government efforts and costs will be required to improve the condition of these workers.

The situation of migrant workers during Covid lockdown

Infectious diseases, lockdowns, and large train stations are mainly needed to illuminate many of the migratory populations of countries that are constantly moving. We help our cities and industries thrive with our talents. But these immigrants are anonymous, so exact numbers are not available. According to a 2017 India Economic Survey, from 2011 to 2016, India’s annual interstate migration was close to 9 million people. The number of other migrants in the labor force is about 100 million. For decades, seasonal migrants, mainly from economically and socially vulnerable groups, have settled in cities to earn a living. Farmers with no land tenure or land have irregular income and limited access to credit, technology, or other livelihoods with little or no access to social security and rights. When forced to move to cities for a living, they are barely aware of their rights and privileges, have limited access, and are unable to seize every opportunity. ‘ They primarily seek employment in unorganized sectors that are not protected from labor-related accidents/injuries, loss of wages or employment, and limited social protection. They are forced to live in overcrowded and unsafe housing that meets standards due to lack of employer-provided housing and lack of access to the formal rental market.

Some of the main challenges faced by migrant workers include:

• Reduce work and unemployment
• Lower wages or pay less than already low wages
• Serious effects on the health of migrant workers due to unsanitary conditions in the place where they were rehabilitated
• Migrant workers had to live in overcrowded and deplorable living conditions
• Lack of sufficient electrical power at locations for temporary maintenance by migrant workers; lack of drinking water
• International migrant workers do not show a real interest in the repatriation process and are locked up abroad
• The lack of space in temporary rehabilitation centres violates social distancing standards set by the government
• The health of children of migrant workers at risk of serious infection with the virus;
• The mental and emotional health of workers is impaired
• Impact on the families of migrant workers who stay in town and depend on remittances.

The worst victim of the plague It was a tragedy that spanned decades, but the unprecedented events of the quarantine brought us all to this humanitarian disaster. The pandemic has exacerbated the occupational, social, and economic vulnerabilities of migrants, making them among the worst victims of the pandemic as a group. According to an early survey by the Tata Trust in Rajasthan and Uttar Pradesh (UP), about three-quarters of migrant workers are not receiving wages from their employers.

Regulations concerning migrant laborers in India

None of Hudson’s legal staff of important workers are right to work and social security. The first public thought in 1793 during the French Revolution.

India’s constitution protects the right to work. This condition is surrounded by basic knowledge, basic education, and the principles of policy implementation. Based on the constitution, maybe it’s certain. This will allow workers and workers to translate social-economic partners. Only invitations, each type of worker can have a true standard. The extension itself shows an increase in the Indian version and social justice.

There are many specific rules, including government security systems. Rules for Indian migration workers are:

• Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

The legal system has passed 7. The law uses message workers in visitors and visitors, work, contract, contract, health work, etc.

• Payment of Wages Act of 1936

In 1936,  paid approval provides for daily pay. Payment of minimum gifts of a type of use of execution to avoid this. The following migrants and rejected workers’ abnormal elements and support.

• Employees’ Compensation Act, 1923

Requests people’s power, with increasing use of Egyptian materials. This will cause a molded worker. Therefore, the staff is dangerous to lose their lives. Therefore, the law is done to protect the guests used from such difficulties. Heritage has introduced the law to achieve “true standard payments” for workers.

• Minimum Wages Act, 1948

This sect of workers is especially vulnerable to exploitation owing to their illiteracy and inability to fight for rights. The organization of these workers is very quick to use to misunderstand and compromise.

• The Maternity Benefit Act, 1961

 This work is ready to achieve justice in a woman (including traditional staff). The law of pregnancy in 1961 is provided to the ground to enjoy women with immigrants. The social security law for non-productive workers is to provide social security to the department’s staff for this law.

ILO Standards for Migrant Workers

The International Labor Organization is headquartered in Geneva, Switzerland. The International Labor Organization was created after the signing of the Treaty of Versailles following the post-war peace conference in Paris in 1919. It is one of the important agencies of the United Nations that sets international labor standards to achieve unification among its member states. The preamble of the statute makes it clear that the ILO places special importance on the rights of migrant workers and sets standards to protect their interests. Every year, millions of people come and go for international migration. Two major groups of migrant workers were highlighted.

• Temporary migration

These migrant workers are also known as guest workers because they are only allowed to work for a certain period. For example, workers who work for a year, seasonal jobs, interns, etc. Seasonal migration is part of temporary migration and is one of the most common.

• Permanent migration

Permanent migration is the use of immigration services by workers. There are different types of immigrants, including family reunions and highly skilled labor. These workers move to another location indefinitely. There is no time limit in the employer’s country.

The unprecedented increase in international migrants has given rise to different views on labor culture. Many factors can lead to a transition, and not all situations apply. However, there are certain “push and pull factors”:

1. Poverty in the homeland
2.  Lack of skilled opportunities for skilled workers better
3. Wages in rich countries
4. Oppression and conflict
5. Political instability in countries with weak economies
6. Urbanization
7. Lack of social security in developing countries
8. Family gathering
9. To find a higher standard of living
10. Acquire excellent skills through education

Many other factors force workers to migrate. Therefore, the list of factors above is not exhaustive. Keep in mind that some migrant workers made a big contribution to the economic situation and saved them. Some migrant workers live and work in dire conditions, completely ignoring basic human rights violations.

ILO Declaration on Fundamental Principles and Rights in the Workplace

The 1998 ILO Declaration on Fundamental Principles and Rights in the Workplace is an important part of the Declaration. The ILO’s approach to worker’s rights is to consider workers’ rights as fundamental human rights. First, the ILO strengthens the workforce as an entity of universal rights, such as the ILO standards that apply to countries regardless of economic and political development. Almost a generation ago, the ILO set international standards for the effective eradication of forced and child labor for governments that recognize the value of migrant workers. With the wave of globalization rushing in, migration for work is becoming commonplace. There are four basic principles, but under each principle, there are two more principles to set the standard.

The basic principles and rights of labor cover four major areas.

1. Freedom of association and collective bargaining The International Declaration of Human Rights (UDHR) declares the right to establish an association for the first time.

            This principle contains two attribution rules.

• Freedom of Association and Protection of Organization Rights, 1948
• 1949, Convention on the Right to Organize and Collective Bargaining
• Eliminate all forms of forced labor is a serious breach of workers’ rights and the ILO provides general advice on this principle under development. This principle also includes two rules.
• 1930 Forced Labor Treaty Abolition
• 1957 Forced Labor Treaty
• Effectively eliminate child labor

Child labor is one of the most horrific human rights abuses. There have been reports of forced labor of migrant children and children of migrant workers subjected to forced labor and sexual exploitation.

How Modi govt is planning to get migrant workers enrolled under national database.

Narendra Modi’s government plans to attract migrant workers who apply to participate in the proposed national database of workers in the unorganized sector by offering a one-year exemption from annual insurance premiums under Prime Minister Srakusha.

The Ministry of Labor and Employment, which is developing a national database, has proposed exempting the annual premium of 12 rupees for a voluntary insurance scheme worth 200,000 rupees. portal. “This is an incentive to ensure that unorganized workers, including migrant workers, participate in the portal of a national database of unorganized workers,” the official said. The National Centre for Information Sciences under the Ministry of Information Technology is building an electronic portal. A representative from the IT department said work on the portal is underway and is expected to start in July. Chances are Prime Minister Narendra Modi will kick it off.

How to register a worker?

After the database was released, unorganized workers, including migrant workers, were required to register and provide information such as name, occupation, address, type of work, college qualifications, skills, and family details.

This will not only help them realize their optimal employment potential but will also help extend the benefits of social security to them, said a Ministry of Labor official who was involved in the development of the database. Migrant workers can register by mobile phone. Employees who do not have a cell phone or cannot read or write can visit the nearest regular service centre to register. I have a registration card with an employee’s unique account number. Aadhaar is included in the database of unorganized migrant workers. “Workers can search all social security programs to find unorganized local and migrant workers and apply online. You can also file a complaint on the portal, “said another Ministry of Labor official. The estimated cost of the project is about Rs 74.01 million, Union Minister Santhosh Kumar Ganwar Lok Sabha notified on March 22.

Why the national database?

Thousands of migrant workers have lost their livelihoods, food, and housing. The centre then announced several social assistance plans, including free rations and cash transfers, for the hardest-hit workers. However, despite the centre’s initiative, many migrant workers did not benefit. The centre said Congress did not have data on deaths and unemployment of migrant workers who did not have a database. The centre then announced that it had decided to set up a national portal with detailed information on all migrants and unorganized workers across the country. Labor ministry officials said the portal would eventually connect with other ministries and provide services. Ministries can transfer benefits directly to migrant workers’ accounts. According to ministry officials, India’s unorganized sector has about 3.8 billion workers, of which about 200-300 million are migrant workers.

SC on National Database of Migrant Workers

Judges Ashok Bhushan and Shah said, “We believe this is a process initiated by the Department of Labor and Employment to create a national database of unorganised workers. Useful for prolonging recordings. “Registration of employee signatures is essential to access the benefits of centrally or state-regulated programs for the benefit of unorganized or migrant workers,” he said. I’m thinking. The team stressed that the registration of workers in unorganized departments should be completed as soon as possible and there should be a common national database of all workers in organized areas in different states. .. At the hearing, the Supreme Court asked the Centre why there were no national data on workers in the unorganized sector. He has asked Attorney General Tushar Mehta to speed up the process of registering such workers by the Ministry of Labor following guidelines adopted in another case in 2018. The Commission noted that Article 112 of the Social Security Law 2020 provides for the registration of unorganised workers, temporary workers, and underground workers.

“The SG should also be informed of the steps the Indian alliance needs to take regarding this matter,” he said. Bench emphasized that appropriate mechanisms should be in place to monitor and monitor whether the benefits of the social protection system are reaching beneficiaries who have access to superior authorities in the name of the recipient. and the location of the frontline beneficiaries. “The government is spending billions of dollars, but the concern is whether this is reaching the poor,” Judge Shah said at the hearing. “We also ended the process of registering organized workers early with central and state governments and allowing unorganized workers to benefit from different central and state institutions. And proof of identity is hard to do. It’s like that.” The Supreme Court has also ordered migrant workers to provide dry food in limited places across the country under the Atoma Niruba system or another system as the state/centre deems appropriate. However, he refused to order centres or the state government to directly send cash payments of between Rs 1,000 and Rs 6,000 to workers who lost their jobs during the second wave of the Covid-19 pandemic. “We believe that money transfers are a matter of policy and planning set by each state / federal territory and that these courts will issue guidelines on money transfers to anyone.

Prasant Bushan, a lawyer representing activist Anjali Baladwaji and others, says the situation is so dire that cash transfers are needed to support migrant workers. The Supreme Court also ordered all states and union territories to operate community kitchens for stranded migrant workers. The Supreme Court has sought advice from activists Harsh Mander, Bhardwaj, and Jagdeep Chhokar to process claims through Boushan and ensure that migrant workers are not deprived of rations and food security. nominal cost. The petition stems from the Sumo Tu case, which was launched by the Supreme Court last year to address the migrant labor crisis during a nationwide lockdown.

Finance Ministry to set up a database of migrant workers

To provide a platform for workers and employers, the Ministry of Finance has taken steps to create the first national database on migrant workers and to have the government implement specific programs. for these workers. The Ministry of Labor and Employment, already using Aadhaar, is considering developing a “National Database of Unorganized Workers” (NDUW). The project employs all unorganized workers, including migrant workers. “The total cost is expected to be around Rs 65 billion. This will allow workers to share information about their competencies and make it easier for employers to find the right talent,” an official said. a senior official from the Department of Labor told Business.

Employees are encouraged to register on the site. The usual service centres are available for this course. These databases can be used in a variety of ways, as well as a platform for employers and potential employees. They offer social assistance programs or help with social security activities. Additionally, in situations such as Covid-induced blockages, it is possible to track the movements of workers, so that they can provide support when they are in dire straits. The issue of migrant workers became a hot topic during the pandemic when the government was unable to provide information on the number of migrant workers or lost jobs in the informal sector due to a lack of databases. Some countries collect data on return workers and return workers from major cities such as Delhi and Mumbai, or industrial centres such as Slat and Ahmedabad, but many countries have various reasons such as returning. Is excluded by.

Loss during transportation, returns on irregular routes, omission of reports to local governments, etc. A long way for migrant workers in India Preliminary size estimate The Occupational Safety and Health Code maintains a database of migrant workers to support effective use, skill mapping, and use of the program. This code guarantees that migrant workers receive an annual travel allowance from their employer to travel to their country. Migrant workers are constantly moving from one place to another in search of work, and this workforce moves from one sector to another based on opportunities (high wages, working hours, employment continuity, etc.) Labor continues to make it difficult to keep records. However, according to the 2016-17 economic census, according to the 2011 census, the size of the labor force was 482 million people, and based on the estimates, this number exceeded 500 million people in 2015, 2016. Even at 20%, the size of the migrant workforce in 2016 is predictable if the absolute number exceeds 100 million.

Conclusion

In summary, despite efforts, most states have been ineffective in adequately controlling and screening the movement of migrant workers. Surprisingly, even after many national and international labor laws and standards have been enacted, there is still a significant gap between the basic human rights of workers and their rights as a regulatory framework. Because the social situation of migrant workers is inherently difficult, policymakers need a pragmatic approach to protect the rights of migrant workers. It is a well-observed fact that most countries have inadequate approaches to ILO standards for migrant workers/employees. Countries need to incorporate a legislative framework in line with ILO standards, but most have not been able to do so. Labor law in India is still under development.

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Author: Arbuda Singh from Mody University, Rajasthan.

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