Labour Rights In The Informal Sector
- IJLLR Journal
- 39 minutes ago
- 1 min read
Jasmine Jothi K, VIT School of Law
ABSTRACT
The informal sector is the backbone of India’s labour market, employing over 90% of the total workforce. Yet, there is still a lot left outside the protective ambit of formal labour legislation. Workers in this sector are mainly the domestic workers, street vendors, construction labourers, home based workers and the agricultural workers who endure unstable or uncertain working conditions, exploitative wages and a near total absence of social security coverage. Despite having an extensive statutory framework, which includes the Minimum Wages Act 1948, the Contract Labour (Regulation and Abolition) Act 1970, and the Building and other construction workers act 1996, the implementation is deeply fragmented, and the enforcement is very weak. The SC, through the landmark judgements from the People’s Union for democratic rights v. Union of India and Bandhua Mukti Morcha v. Union of India and Municipal Corporation of Delhi v. Female Workers (muster roll) have progressively expanded the constitutional protection available to the informal workers, holding the minimum wage denial will constitute a forced labour, the maternity benefits extend to the casual employees too and the right to livelihood is ingrained in article 21. The enactment of the 4 labour codes represents a legislative effort to refine these protections; yet, critical gaps in enforcement and definition persist.
Keywords: informal sector, labour rights, judicial activism, labour codes, enforcement deficit.
