Lok Sabha Question No. 839 (UNSTARRED), answered on 2022-12-12
Subject: Right of Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Lavu Sri Krishna Devarayalu

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA

## UNSTARRED QUESTION NO. 839 TO BE ANSWERED ON 12.12.2022

## RIGHT OF WORKERS

## 839.  SHRI LAVU SRI KRISHNA DEVARAYALU:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether  there  is  any  Government  regulation  to  enforce  rights  of workers  who  seek  employment  through  the  labour  chowks  which are held in every part of the country and if so, the details thereof and if not, the reasons therefor;
- (b)whether it is  true  that  most  of  the  workers  employed  through  the labour chowks are not getting minimum wages and if so, the details thereof and the reaction of the Government thereto;
- (c)the  details  of  gender-wise  data  of  men  and  women,  transgenders and others who have sought employment through labour chowks in the last three years, State-wise;
- (d)whether pregnant women who find work through labour chowks are entitled  to  any  privileges  such  as  maternity  leave  and  if  so,  the details thereof and if not, the reasons therefor; and
- (e)the  steps  taken/being  taken  by  the  Government  to  integrate  the labour  force  operating  through  labour  chowks  into  the  formal economy?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

(a):  In October, 2018 government had issued Model Welfare Scheme for Building and other Construction Workers (BOCW) and action plan for strengthening the implementation machinery.    The provisions of benefits  under  Model  Welfare  Schemes  are  life  and  disability  cover, health and maternity cover, education to ward of beneficiaries to take pro-active steps to facilitate transit accommodation/labour shed cum night shelter, mobile toilets/mobile  crèches to BOCW workers in the area of concentration prior to their finding the work, skill development  and  awareness  programmes,  pension.  These  welfare schemes are implemented by State governments.

- (b): The  Minimum  wages  Act,  1948  is  applicable  to  employment  in construction/  maintenance  of  roads  and  building  operations.  The Central  and  State  governments  are  appropriate  authorities  to  fix minimum wages and its implementation.  Complaints of non-payment of minimum wages are dealt with by respective authorities as the case may be.
- (c): Data of workers in labour chowks is not centrally maintained.
- (d):  The model welfare scheme has provision for paid maternity leave to registered construction workers ranging from 90 days to 26 weeks for up to two deliveries.
- (e): Ministry  of  Labour  &  Employment  has  on  26/8/2021 launched eSHRAM  portal  for  registration  of  unorganised  workers  to  create  a National Database  of unorganised workers that is seeded  with Aadhaar. One of the main objectives for the creation of database is to share the database of unorganised workers with the State/UT governemnt  enabling  them  to  identify  the  unorganised  workers  and facilitate  social  security  and  welfare  schemes  benefits  to  them. Dattopant Thengadi National Board for Workers Education and Development  (DTNBWED),  an  autonomous  organisation  under  the Ministry  of  Labour  and  Employment,  is  organizing  the  grass  root campaign  at  labour  chowks  to  propagate  different  schemes  of  the Government for the unorganized sector workers. Officials of DTNBWED visit the labour chowk and spread awareness on government schemes to  the  workers  and  encourage  them  to  register  on  e-shram  Portal, PMSYM,  PMBSY,  PMJJY    along  with  other  social  security  schemes. The approach is to reach to the workers at their workplace.

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