Labour Protection Measures And Social Security For Women In The Unorganized Workforce
- IJLLR Journal
- Jun 2
- 1 min read
Prachi Jaiswal, National University of Juridical Sciences (NUJS)
ABSTRACT
This paper examines the precarious condition of workers in India’s unorganised sector, which constitutes more than 92% of the country’s workforce yet remains largely excluded from labour law protections and social security benefits. It highlights the structural vulnerabilities faced by unorganised workers, particularly women employed in the construction industry, who experience low wages, job insecurity, hazardous working conditions, and lack of formal employer-employee relationships. The paper analyses how globalisation, casualisation of labour, and absence of collective bargaining have intensified exploitation and disguised unemployment in this sector. It critically evaluates the limitations of the Unorganised Workers’ Social Security Act, 2008, especially its inadequate implementation, exclusionary classification criteria, and failure to address gender-specific concerns such as wage disparity and workplace harassment. The paper further explores the constitutional framework and judicial interventions that recognise social security and dignity of labour as integral to the right to life under Article 21 of the Constitution. It discusses the role of the judiciary in expanding labour rights and ensuring accountability of the State toward marginalised workers. The paper concludes by proposing reforms relating to social security, healthcare access, insurance coverage, unionisation, and enforcement mechanisms to ensure dignity, equality, and economic security for workers in the unorganised sector.
