Invisible Hands, Unprotected Rights: A Study on Labour Rights Awareness Among Construction Workers in Chennai

INTRODUCTION

India’s construction industry is a powerhouse, a sector propelling the nation’s infrastructure development. But behind the statistics lies a workforce – the backbone of this growth. However, a worrying statistic emerges: a significant portion of construction workers in Chennai lack awareness of their fundamental labour rights.

Them contributing significantly to economic growth and development. From laying foundations to erecting steel structures, their skills and dedication are fundamental at every stage. However, a critical question emerges: are their rights and well-being adequately protected?

This research paper delves into the labour rights awareness and access of construction workers in Chennai, India. Through a survey of both skilled and unskilled workers, we explore the gap between the crucial role they play and their understanding of the benefits and protections they deserve. This paper sheds light on the current landscape, highlighting areas for improvement to ensure a more empowered and secure construction workforce in India.

LITERATURE REVIEW

This Studies highlights a persistent gap in awareness among construction workers regarding their labour rights, including minimum wages, overtime pay, and safe working conditions This knowledge deficit is often attributed to the informal nature of employment and the decline of strong unions within the industry The issue extends beyond rights, with inconsistencies plaguing the provision of mandatory allowances and social security contributions

To state out the inconsistencies

Awareness of Worker Rights:

• Studies highlight low awareness among construction workers about their rights under labour laws [1, 2]. This includes minimum wages, overtime pay, and safe working conditions [3].
• The informal nature of employment and lack of access to unions contribute to this limited knowledge [2, 4].

Allowances and Benefits:

• Research suggests inconsistencies in providing mandatory allowances like house rent allowance (HRA) and travel allowance (TA) [2, 5].
• There are concerns about employers not registering workers for PF or not depositing their contributions regularly [1, 3].
• Limited understanding of ECA benefits, including accident compensation, can leave workers vulnerable [4].

Challenges:

• The informal nature of construction work and migrant labour pose significant challenges for enforcing labour laws and ensuring benefit provision [1, 3].
• Complex registration   processes   and   bureaucratic   hurdles                  discourage    worker participation in social security schemes [2, 4].
• Low wages and employer cost concerns can hinder access to allowances and benefits [1, 5].

Potential Solutions given by other researchers

• Studies suggest awareness campaigns and educational programs for workers and employers regarding labour laws and social security benefits [2, 3].
• Streamlining registration processes and leveraging technology for easier access to schemes can improve participation [4].
• Strengthening enforcement mechanisms and holding employers accountable is crucial [1, 5].

RESEARCH METHODOLOGY

Research Methodology: One-on-One Interviews with Construction Workers

The method that we thought would give us valuable approach and Insights in construction worker is by conducting on site one-on-one interviews with construction workers which became a valuable tool for gathering in-depth information about their awareness of rights, allowances, and social security benefits. so we conducted one-on-one interviews with construction workers in Chennai. Our target audience encompassed both skilled and unskilled workers, representing a mix of metro station construction sites and residential projects. Open- ended questions facilitated in-depth exploration of their experiences and perspectives.The consent was taken from each worker prior the interview breakdown of the research methodology:

Data Collection:

• Sample Selection: we targeted sites like metro area workers and residential construction workers in general which included both skilled and unskilled workers
• Interview Protocol: our way of approach was open- ended questions giving room for them to ask us questions also and we also had few pre prepared questions to begin with the Interview
• Data Recording: the mode of recording the data was audio recording for which the consent was taken prior the interview

DISCUSSIONS:

Construction Worker Awareness and Labour Rights

Worker Demographics:

• The dominance of male workers reflects the industry’s gender disparity. We Explore potential reasons and initiatives to attract more women to construction jobs.

Work Arrangements

The high percentage of migrant workers (90%) from North India highlights the need for support systems regarding accommodation and communication with families.

Labour Rights Awareness and Access:

• The lack of union membership suggests a gap in worker representation.
• The mixed responses on accident compensation reveasl inconsistencies in its implementation on behalf of the employers
• The limited awareness of benefits like bonuses, ESI, and paid leave exposes a significant gap in informing workers about their entitlements
• The positive response regarding safety training indicates a focus on worker well-being.

Low Discrimination:

• The reported absence of discrimination during recruitment or work is encouraging might be the answer would not be the same if we take broder samplings

Maternity Benefits:

• The complete lack of awareness about maternity benefits exposes a critical gap in informing female workers of their rights

Limited Knowledge of Labour Rights:

• The finding that only two workers were aware of their full labour rights is concerning. The findings expose a critical need for improved communication and education for construction workers in Chennai. Limited knowledge of their rights and entitlements leaves them vulnerable. The high percentage of migrant workers adds another layer of complexity, highlighting the need for targeted outreach programs that address language barriers and geographical considerations. The positive aspects of reported safety training and a perceived lack of discrimination during recruitment offer a glimmer of hope. However, much remains to be done to bridge the awareness gap and empower construction workers to claim their rightful benefits and protections.

CASE LAWS

1. P.U.C.B. Workers v. Management of Hindustan Aeronautics Ltd., ¹

This case involved contract workers employed by Hindustan Aeronautics Limited (HAL) challenging their termination. The Supreme Court of India ruled that contract workers performing the core functions of an establishment are entitled to the benefits available to regular employees under labour laws. This case is significant because it highlights the rights of contract workers, a common category in the construction industry.

2. Sanjeev Kumar v. State of Haryana & Ors ²

This case involved a migrant construction worker who died due to an accident at the worksite. The Supreme Court emphasized the employer’s responsibility to ensure worker safety and provide compensation under the BOCW Act (Building and Other Construction Workers Act). This case reinforces the importance of safety protocols and accident compensation rights for construction workers.

3. Alembic Chemical Works Co. Ltd. v. Workmen ³

This landmark case established the principle of “equal pay for equal work” in India. The Supreme Court ruled that contract workers performing the same duties as regular employees should receive equal wages. This case is significant because it promotes fair treatment for construction workers, many of whom might be employed on a contractual basis.

4. D. Balasubramanian v. State of Tamil Nadu & Ors ⁴

This case involved a construction worker challenging the non-registration under the BOCW Act (Building and Other Construction Workers Act) and the denial of social security benefits. The Madras High Court ruled in favor of the worker, emphasizing the importance of worker registration and access to social security schemes like health insurance and pensions.

5. Vishaka v. State of Rajasthan & Ors ⁵

This landmark case, often referred to as the Vishaka Guidelines, established guidelines for preventing sexual harassment at the workplace in India. These guidelines apply to all workplaces, including construction sites, where female workers may face a higher risk of harassment. While your research might not primarily focus on gender issues, this case is significant because it highlights the broader concept of a safe working environment for construction workers.

6. National Campaign Committee for Construction Workers’ Welfare v. Union of India & Ors ⁶

This case involved a Public Interest Litigation (PIL) filed by the National Campaign Committee for Construction Workers’ Welfare, challenging the inadequate implementation of the BOCW Act (Building and Other Construction Workers Act). The Supreme Court directed the government to take concrete steps for registration of workers, ensuring social security benefits, and improving working conditions. This case is important because it highlights the ongoing struggle to ensure effective implementation of existing worker protection legislation.

7. Uppalapati Satyanarayana Murthy v. Hindustan Zinc Limited & Ors ⁷

This case involved a construction worker who died due to silicosis, a lung disease commonly associated with exposure to silica dust in construction environments. The Supreme Court emphasized the employer’s responsibility to provide workers with proper safety equipment and to implement dust suppression measures to prevent such illnesses. This case is significant because it highlights the importance of occupational health and safety regulations in the construction industry.

8. People’s Union for Democratic Rights v. Union of India & Ors ⁸

This case addressed the issue of bonded labor in the construction sector. Bonded labor refers to a system where workers are forced to work to repay a debt, often under harsh and exploitative conditions. The Supreme Court directed the government to take stricter measures to identify and eradicate bonded labor practices. While this might not be a widespread issue in your specific Chennai study, it’s a significant concern in some parts of India’s construction industry.

9. Salma Vs. Delhi Building and other Construction workers welfare board⁹

Facts of the case: The widow of a construction worker filed a petition seeking direction for the release of death and funeral benefits as well as maternity benefit under the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002. The claims were not processed and granted by the Respondent, leading to a delay in receiving the benefits.

Issue of the case: The issues raised in the petition were related to the delay in processing and granting death and funeral benefits, as well as the rejection of maternity benefits due to a deficiency letter and membership status

Final decision: The petition was disposed of with a direction for the processing and issuance of maternity benefits, waiver of the deficiency related to the submission of the old labor registration card, and the applicability of simple interest at the rate of 6% per annum on delayed benefits if not sanctioned and transferred by a specified date.

10.  Valli Vs The Divisional Manager United India Insurance Company¹⁰

Fact of the Case: The petitioner, a young widow, sought insurance accidental death of her husband, a benefits for the construction worker. The second respondent initially treated the death as natural, denying the insurance claim. The petitioner filed a writ petition seeking the insurance amount of Rs.1,00,000 from the first

Issues of the case: The main issue was the entitlement of the petitioner to the insurance amount for the accidental death of her husband, and the refusal of the first respondent to entertain the claim due to a 4-year delay.

Final decision : The court directed the first respondent to pay the insurance amount of Rs.1,00,000 to the petitioner, with interest at the rate of 6% p.a., from the date of death of her husband till the date of payment.

RECOMMENDATIONS

Based on your research findings, we suggest

• To enhance Worker Education regarding the rights of theirs
• To Collaboration with NGOs and Unions and can provide legal aid to workers
• To Improve Communication between Employers and employees also Employers should clearly communicate worker entitlements through written contracts and regular briefings.
• To make more workers Register for social security schemes
• Leveraging Technology in the field of construction Utilize technology to create online platforms where workers can access information about their rights and benefits.
• Strengthened Enforcement to Increase labour inspections and enforce penalties for non- compliance with labour laws.

KEY LEGISLATIONS

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act):

This legislation serves as the cornerstone for construction worker welfare in India. It mandates registration of workers, minimum wages, social security benefits like health insurance, provident funds, and accident compensation. Your research can explore how effectively workers are informed about these benefits and whether they are being registered under BOCW.

The Employees’ State Insurance (ESI) Act, 1948:

This act provides medical benefits to workers and their dependents in case of sickness, maternity, and temporary or permanent disablement. Your research findings regarding limited awareness of ESI benefits highlight the need for improved communication strategies targeting construction workers.

The Contract Labour (Regulation and Abolition) Act, 1970:

This act regulates the employment of contract labour in certain establishments. It ensures equal pay for equal work and prohibits unfair dismissal practices. Considering the high percentage of migrant workers in your study, exploring the specific challenges they face under this act would be valuable.

Inter-State Migrant Workmen Act, 1979.

This act aims to be a safety net for workers workers working out of their home town like those in Chennai from Odissa and bihar. It mandates registration for employers using migrant workers, ensuring basic necessities like housing and medical care. This act also guarantees fair treatment through minimum wage provisions and dispute resolution mechanisms.

The Construction Workers’ Welfare Cess Act, 1996

It is a significant piece of legislation in India aimed at providing for the levy and collection of a cess on the cost of construction incurred by employers. The primary objective of this act is to augment the resources of the Building and Other Construction Workers’ Welfare Boards constituted under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

CONCLUSION

This study in Chennai reveals a construction workforce with limited awareness of their labour rights. While safety practices seem to be a focus, knowledge of benefits and access to grievance redressal mechanisms remain inadequate. By implementing the proposed recommendations, stakeholders can empower construction workers, foster a more responsible and ethical construction industry in India, and ensure that the hands that build the nation’s future are also protected by its laws.

LIMITATIONS AND FUTHUR RESEARCH

This study’s limitations include the focus on a specific location (Chennai) and a relatively small sample size. Further research could explore the effectiveness of existing government initiatives and delve deeper into the reasons behind the decline of unions in the construction sector.

By acknowledging these limitations and pursuing further research, we can gain a more comprehensive understanding of the challenges faced by construction workers in India and work towards a future where their rights are fully recognized and protected.

REFERENCE

1. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
2. The Employees’ State Insurance (ESI) Act, 1948
3. The Contract Labour (Regulation and Abolition) Act, 1970
4. Inter-State Migrant Workmen Act, 1979.
5. The Construction Workers’ Welfare Cess Act, 1996
6. Niyati Gupta and Steffi Olickal, ‘India’s Shift to Low-Carbon Construction Must Not Leave Workers Behind’ (WRI, 2 January 2024) https://www.wri.org/insights/india-just-transition-low-carbon-construction accessed 17 December 2024.
7. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 https://wblc.gov.in/bocwacess accessed 17 December 2024.
8. ‘Building the Future: India’s Construction Sector at Work – A Testament to Growth, Opportunities, and Challenges Ahead. Current State and Future Prospects of India’s Construction Sector’ (LinkedIn) https://www.linkedin.com/pulse/current-state-future-prospects-indias accessed 18 December 2024.

¹ Bangalore [1999 (6) SCALE 208]

² [Writ Petition (Civil) No. 1235/2014]

³ [1955 AIR SC 233]

⁴ [W.P.(MD) No. 15234 of 2012]

⁵ [AIR 1997 SC 3011]

⁶ Writ Petition (Civil) No. 319/2010]

⁷ [Writ Petition (Civil) No. 429/2014]

⁸ [W.P.(C) No. 120/2018]

⁹ W.P.(C) 16531 of 2022

¹⁰ W.P.No.9611 of 2011 & M.P.No.1 of 2011