Relevance Of Unorganized Workers Under The Employee’s Compensation Act 1923

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Hruday Injallikar, B.A. LL.B. (Hons.), Tamil Nadu National Law University, Tiruchirappalli

ABSTRACT

This research examines the relevance of unorganized workers with respect to the Employees Compensation Act, 1923, in safeguarding employee rights and ensuring fair compensation for workplace injuries. It explores whether employees are sufficiently aware of their rights under the Act and whether employers frequently evade liability through worker misclassification or delays in compensation claims. A critical analysis of judicial decisions interpreting key provisions, particularly "accidents arising out of and in the course of employment," is undertaken to assess their impact on employer liability. Furthermore, the study investigates whether India’s compensation framework aligns with international labor standards set by the International Labour Organization (ILO). By comparing India’s approach with global best practices, the research aims to highlight necessary reforms to bridge existing gaps. This research paper will be examining the relevance of the Employee’s Compensation Act, 1923, to unorganized workers in India, analyzing its scope, implementation challenges, and potential reforms to enhance its effectiveness for this vulnerable workforce.

Keywords: unorganized workers, employee rights, workplace injuries, worker misclassification, employer liability.

RELEVANCE OF UNORGANIZED WORKERS UNDER THE EMPLOYEE’S COMPENSATION ACT 1923.pdf

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