New Labour Codes and Threats to Informal Workers

Syllabus: Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment.

Background

  • Four labour codes (2019–2020) cover wages, industrial relations, social security, and Occupational Safety, Health and Working Conditions.
  • Passed without tripartite consultation at the Indian Labour Conference.
  • Implementation risks diluting hard-won labour rights, especially for informal workers.

Why Informal Workers Are Vulnerable

  • Informal sector constitutes over 90% of India’s workforce and produces ~65% of GDP.
  • Codes largely exclude unorganised workers, except limited provisions under Social Security.
  • “Consolidation” has weakened or repealed sector-specific protections.

Erosion of Occupational Safety and Health

  • BOCW Act, 1996 protections diluted; ~180 safety rules missing in new OSHWC Code.
  • Shift from physical inspections to web-based inspections undermines safety and wage enforcement.
  • Violates ILO Convention 81 (labour inspection) ratified by India.
  • Occupational diseases (silicosis, cancers, eye/skin/kidney ailments) not adequately addressed.
  • Absence of ESI coverage leaves informal workers without health recognition or rehabilitation.
  • Contravenes ILO Convention 161 on occupational health services.

Threats Under Social Security Code

  • Organised workers receive defined benefits; informal workers get vaguely defined welfare schemes.
  • Abolition of sectoral cesses (beedi, salt, mining) removes assured funding sources.
  • No guaranteed employer or Union funding for informal worker welfare.
  • Proposal for one central welfare board ignores sectoral diversity.
  • e-Shram centralisation risks takeover of accrued welfare funds (~₹1 lakh crore).
  • In Tamil Nadu, 39 sector-specific welfare boards risk dissolution.
  • Loss of benefits: old-age pensions, maternity aid, education assistance.

State-Level Concerns and Way Forward

  • Some States (e.g., Andhra Pradesh) have closed welfare boards post-Codes.
  • Tamil Nadu has robust protections under Tamil Nadu Manual Workers Act, 1982.
  • State hosts ~3 crore informal workers, ~2 crore registered with welfare boards.
  • Recommended action: Protect State welfare boards; refuse Code implementation; demand saving clauses.
  • Kerala-style resistance suggested to preserve State-level welfare architecture.

Conclusion

  • Labour codes risk centralisation, underfunding, and invisibilisation of informal workers.
  • Without safeguards, reforms may weaken welfare, safety, and social security for India’s largest workforce.

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