All about The Unorganised Workers' Social Security Act, 2008 by Learner Sowjanya S

ALL ABOUT THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008

                                                  [ACT NUMBER 33 OF 2008]

Introduction

This is an enactment by the parliament of India to provide for the social security and welfare of unorganised workers (includes home based workers, self employed workers and wage workers) and other matters connected therewith. This Act obtained the assent of the president on 30^th December 2008 and came into force on 31^st December 2008.

What is the purpose of this legislation?

The purpose or objective of this legislation is to provide social security and welfare to unorganised workers. According to section 2 of the Act home based workers, self employed workers and wage workers are unorganised workers.

Who is a home based worker?

As per section 2(b) of the Act, a home based worker is a person engaged in the production of goods or services for an employer in his or her home or other premises of his or her choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs.

Key points

Ø  The person must be engaged in the production of goods or services.

Ø  That production shall be for the employer and not for any other purpose.

Ø  The production may be carried on in his or her home or other premises of his or her choice other than the workplace of the employer.

Ø  It shall be for remuneration.

Ø  Irrespective of whether the equipment, materials or other inputs are provided by the employer, the person is a home based worker if other requirements are complied with.

Who is a self employed worker?

According to Section 2(k) of the Act, self-employed worker" means any person who is not employed by an employer, but engages himself or herself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government.

Who is a wage worker?

As per section 2 (n) of the Act, "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the Central Government and State Government, as the case may be.

Key points

Ø  The person shall be employed for remuneration.

Ø  That employment must be in an unorganised sector.

Ø  The employment might be directly by an employer or through any contractor.

Ø  Irrespective of the place of work, there might be exclusively for one employer or for one or more employers.

Ø  The remuneration paid might be in cash or kind.

Ø  Wage worker includes a home-based worker, a temporary or casual worker, a migrant worker, workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the Central Government and State Government.

What is an unorganised sector?

As per section 2 (i) of the Act, unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten.

Key points

Ø  The enterprise must be owned by individuals or self- employed workers.

Ø  The enterprise shall engage in production or sale of goods or providing service of any kind.

Ø  It must employ workers, less than ten in number.

What are all the social security benefits for unorganised workers?

As per section 3 of the Act, the central government shall formulate welfare schemes for the unorganised workers. These welfare schemes include- Life and disability cover, health and maternity benefits, old age protection and any other benefit determined by the central government.

The state government shall formulate welfare schemes for the unorganised workers. These welfare schemes include- provident fund, employment injury benefit, housing, educational schemes for children, skill up gradation of workers, funeral assistance and old age homes.

Explain the constitution of National Social Security Board for unorganised sector.

The National Social Security board shall consist of the following members-

Ø  Union Minister for Labour and Employment-Chairperson, ex officio;

Ø  The Director General (Labour Welfare)-Member-Secretary, ex officio; and

Ø  Thirty-four members to be nominated by the Central Government.

The chairperson and other members of the board shall be eminent personalities from the fields of labour welfare, management, finance, law and administration. The term of the national board shall be for three years and the board shall meet at least thrice a year.

What are all the functions of the National Social Security Board for the unorganised sector?

As per Section 5(8) of the Act, the National Board shall perform the following functions, namely:-

Ø   Recommend to the Central Government suitable schemes for different sections of unorganised workers.

Ø  Advice the Central Government on such matters arising out of the administration of this Act as may be referred to it.

Ø   Monitor such social welfare schemes for unorganised workers as are administered by the Central Government.

Ø  Review the progress of registration and issue of identity cards to the unorganised workers.

Ø  Review the record keeping functions performed at the State level.

Ø  Review the expenditure from the funds under various schemes.

Ø  Undertake such other functions as are assigned to it by the Central Government from time to time.

Who are all the members of the State Social Security Board?

As per Section 6(2) of the Act, The State Board shall consist of the following members, namely: -

Ø  Minister of Labour and Employment of the concerned State-Chairperson, ex officio;

Ø  The Principal Secretary or Secretary (Labour)-Member-Secretary, ex officio; and

Ø  Twenty-eight members to be nominated by the State Government.

What are all the functions of the State Board?

As per Section 6(8) of the Act, the State Board shall perform the following functions, namely:-

Ø  Recommend the State Government in formulating suitable schemes for different sections of the unorganised sector workers.

Ø  Advise the State Government on such matters arising out of the administration of this Act as may be referred to it.

Ø  Monitor such social welfare schemes for unorganised workers as are administered by the State Government.

Ø  Review the record keeping functions performed at the District level.

Ø  Review the progress of registration and issue of cards to unorganised sector workers.

Ø  Review the expenditure from the funds under various schemes; and

Ø  Undertake such other functions as are assigned to it by the State Government from time to time.

What are all the functions of the Workers’ Facilitation Centres?

According to Section 9 of the Act, the following are the functions of the Worker’s Facilitation Centres-

Ø  Disseminate information on available social security schemes for the unorganised workers.

Ø  Facilitate the filling, processing and forwarding of application forms for registration of unorganised workers.

Ø  Assist unorganised worker to obtain registration from the District Administration.

Ø  Facilitate the enrollment of the registered unorganised workers in social security schemes.

      What is the procedure for registration of an unorganised worker?

Section 10 of the Act, deals with the registration of unorganised worker.

Ø  Eligibility for registration- he/she shall have completed fourteen years of age and he/she shall submit a self declaration stating that he/she is an organised worker.

Ø  The application shall be made in the prescribed form in the district administration for registration.

Ø  After registration, every unorganised worker shall receive an identity smart card with a unique identification number.

What are the social security schemes for unorganised workers?

Schedule I of the Act lists down the social security schemes for unorganised workers. That is-

Ø    Indira Gandhi National Old Age Pension Scheme

Ø    National Family Benefit Scheme.

Ø    Janani Suraksha Yojana.

Ø    Handloom Weavers' Comprehensive Welfare Scheme.

Ø    Handicraft Artisans' Comprehensive Welfare Scheme.

Ø    Pension to Master craft persons.

Ø    National Scheme for Welfare of Fishermen and Training and Extension.

Ø    Janshree Bima Yojana.

Ø    Aam Admi Bima Yojana.

Ø    Rashtriya Swasthya Bima Yojana.

Reference

The Unorganised Workers’ Social Security Act, 2008