Protection Of Weaker Sections Of Labour: Interstate Migrant Workers & The Unorganised Workers

Siya Pasriza & Vedic Mangal Agarawal, BBA.LLB (Corporate law), UPES, Dehradun

Introduction:

The Constitution of India is the foundation for all the laws in our country. Among them ‘Labour Laws’ is one of the subject matter which comes under the concurrent list, meaning both the Central and State government can frame laws regarding it subject to the restriction that the laws framed by the State should not be in conflict with that of the Central. The government of India has framed and passed several laws for the workers and labours like: laws relating to minimum wages, equal remuneration, trade unions and many more, followed by their respective amendments.

Weaker section of the society refers to those people in the society who are socially, economically and politically behind other sections of people and have been experiencing various forms of inabilities because of their backwardness like SC’S, SC’TS and other backward classes. 1Workers working in an unorganised sector needs to be paid more attention as compared to those in organised sector because usually workers working in an unorganised sector are illiterate, because of which they are likely to get more exploited and develop vulnerable situation. The definition for unorganised worker has been provided under the ‘Worker Social Security Act, 2008”. 2He/she is the one who is a home based, self-employed or a wage worker in the unorganised sector and it also includes a worker in the organised sector who is not covered by any of the Acts provided in Schedule II of the Act. They constitute more than 90% of the workforce. There calls an urgent attention that needs to be given for the protection and welfare of these people.