ISSUES OF CONCERNS
Of inhuman bondage , and no liberation in sight
Contract workers act. Factories act. Industrial disputes act. These are among the key legislations that govern the deployment of contract labour in india. They are vital because lakhs of workers are employed on a contract basis in factories across many industries, including garments, electronic and electrical gadgets, chemicals, cement, automobiles and security services. In some sectors, there are actually more contract labourers than permanent employees , and the trend seems to be spreading .
It is important to note that the aforementioned laws are supposed to protect the interests of the workers. However, they are being diluted to favour the employer. In fact, the state of Rajasthan amended three laws in July 2014 and the government of India has been planning to do the same. Under the changed rules, workers cannot form unions unless 30 per cent of the total workforce joins up (compared to 15 per cent earlier ) and up to 300 workers in the same factory can be retrenched without prior government permission (up from 100 previously ).
“I joined a private factory as a contract worker over 10 years ago. Since then, the count of contract workers has increased. From the beginning, our salary was much less than that of permanent employees there. Although the organization contributes to provident fund and employees ‘state insurance, we do not receive an annual bonus. Further, our wages have not increased in proportion to the rise in living costs. Additionally, we are forced to work overtime regularly without satisfactory compensation .when we decided to go on strike as appeals to enhance our wages were ignored, I was suspended. Since then, I have not been taken back,” laments Vijay Parikh. In his early thirties, the father of a school going daughter was working in a large manufacturing plant near Ahmadabad. He lives with his brother, who helps support him and his family along with other relatives.
Unlike Vijay, some of his co-workers in a similar situation do not have adequate support systems, alternate sources of livelihood or additional skills. This has caused them mental distress and physical disorders such as hypertension. Some have either contemplated or even attempted suicide. Those financially dependent on them are also suffering from ill health and immense pressure to contribute to the family income. Even children are being constrained to discontinue their education to bring in additional earning. Although there are competent and empathetic lawyers who are fighting the cases of Vijay and his colleagues pro bono, complex judicial procedures are delaying their chances of getting justice, compensation and reinstatement.
Vijay and his colleagues are at least a little better off than a lot of others. They are in a familiar social-cultural environment , unlike workers in the construction and security sectors in cities such as Bangalore, Chennai and Delhi. They come from states like Odisha , Assam, Uttar Pradesh, Bihar and West Bengal. Some are marginal farmers who have lost their lands, others agricultural labourers whose regular employers face crop failure owing to drought. Financial circumstances compelled them to migrate to faraway places in search of employment as casual labour. In most cases, they do not have a proper social support system except for a few friends and relatives from their home states.
Ashraf, working as a security guard for over five years in Bangalore, says: “I hail from a village in Bihar where agriculture is impossible and finding employment is tough. Having discontinued high school owing to the poor financial situation at home, I did a few small jobs before I heard about openings for private security guards in Bangalore. I work at a mall for more than 12 hours a day for wages lower than what a local resident in a similar job would be paid. “The 28- year –old shares uncomfortable , over crowded accommodation with some friends. Visiting their families means a two-to-three day journey by train and bus each way and is usually possible only once a year, and that, too, after tough negotiations with employers. They stand to lose their wages during the period and, sometimes, even their jobs, as they have no written appointment orders. They often have to deal with verbal and even physical abuse and risk their lives during night shifts. Apart from this, they feel alienated as they are often unfamiliar with the language, food, climate, and socio-cultural traditions of the city they have migrated to and cannot bargain for their rights.
Some contract workers are employed in shopping malls, hospitals, Banks, factories, private or government firms as janitors or to run errands. Typically, they secure these positions through employment agencies where they register after paying a considerable amount. Their jobs are very stressful as they are required to stand most of the time and can take only a few strictly-timed short breaks. In residential buildings they sometimes clean vehicles and run errands to earn extra money to support their families back home. The workers get minimal or no paid leave even when they are ill or have personal emergencies .
And then are the municipal workers who clean roads and public spaces. They are usually very poor Dalit women. Mariamma, a pourakarmika or municipal cleaner in Bangalore , says: “For the last couple of years, we not only have not been getting low wages, but do not receive them regularly every month. Many times, we are forced to do another job as our government contract work pays very little. Further, if we complain or shirk work , the municipality expresses its dissatisfaction. Apart from cleaning dust, leaves, paper, rags et al, we have to pick and sort hazardous glass, metal, rotten food, soiled or torn clothes.”
Sanitary workers who clear sewage and storm water drains and dry latrines contravening the prohibition of Manual Scavenging Act are another underprivileged group. Even the iconic Indian Railway employs people to clean railway tracks and lavatories of human excreta and garbage. These people are also usually socio-economically marginalized Dalit women and men who are grossly underpaid and overworked and can barely run their households. Their children often discontinue their studies and are left with no option but to take up the same occupation as their parents. Since they are not always provided protective gear like gloves, masks and aprons they are exposed to toxic gases and other dangerous substances . They lack health care support.
Contract workers act. Factories act. Industrial disputes act. These are among the key legislations that govern the deployment of contract labour in india. They are vital because lakhs of workers are employed on a contract basis in factories across many industries, including garments, electronic and electrical gadgets, chemicals, cement, automobiles and security services. In some sectors, there are actually more contract labourers than permanent employees , and the trend seems to be spreading .
It is important to note that the aforementioned laws are supposed to protect the interests of the workers. However, they are being diluted to favour the employer. In fact, the state of Rajasthan amended three laws in July 2014 and the government of India has been planning to do the same. Under the changed rules, workers cannot form unions unless 30 per cent of the total workforce joins up (compared to 15 per cent earlier ) and up to 300 workers in the same factory can be retrenched without prior government permission (up from 100 previously ).
“I joined a private factory as a contract worker over 10 years ago. Since then, the count of contract workers has increased. From the beginning, our salary was much less than that of permanent employees there. Although the organization contributes to provident fund and employees ‘state insurance, we do not receive an annual bonus. Further, our wages have not increased in proportion to the rise in living costs. Additionally, we are forced to work overtime regularly without satisfactory compensation .when we decided to go on strike as appeals to enhance our wages were ignored, I was suspended. Since then, I have not been taken back,” laments Vijay Parikh. In his early thirties, the father of a school going daughter was working in a large manufacturing plant near Ahmadabad. He lives with his brother, who helps support him and his family along with other relatives.
Unlike Vijay, some of his co-workers in a similar situation do not have adequate support systems, alternate sources of livelihood or additional skills. This has caused them mental distress and physical disorders such as hypertension. Some have either contemplated or even attempted suicide. Those financially dependent on them are also suffering from ill health and immense pressure to contribute to the family income. Even children are being constrained to discontinue their education to bring in additional earning. Although there are competent and empathetic lawyers who are fighting the cases of Vijay and his colleagues pro bono, complex judicial procedures are delaying their chances of getting justice, compensation and reinstatement.
Vijay and his colleagues are at least a little better off than a lot of others. They are in a familiar social-cultural environment , unlike workers in the construction and security sectors in cities such as Bangalore, Chennai and Delhi. They come from states like Odisha , Assam, Uttar Pradesh, Bihar and West Bengal. Some are marginal farmers who have lost their lands, others agricultural labourers whose regular employers face crop failure owing to drought. Financial circumstances compelled them to migrate to faraway places in search of employment as casual labour. In most cases, they do not have a proper social support system except for a few friends and relatives from their home states.
Ashraf, working as a security guard for over five years in Bangalore, says: “I hail from a village in Bihar where agriculture is impossible and finding employment is tough. Having discontinued high school owing to the poor financial situation at home, I did a few small jobs before I heard about openings for private security guards in Bangalore. I work at a mall for more than 12 hours a day for wages lower than what a local resident in a similar job would be paid. “The 28- year –old shares uncomfortable , over crowded accommodation with some friends. Visiting their families means a two-to-three day journey by train and bus each way and is usually possible only once a year, and that, too, after tough negotiations with employers. They stand to lose their wages during the period and, sometimes, even their jobs, as they have no written appointment orders. They often have to deal with verbal and even physical abuse and risk their lives during night shifts. Apart from this, they feel alienated as they are often unfamiliar with the language, food, climate, and socio-cultural traditions of the city they have migrated to and cannot bargain for their rights.
Some contract workers are employed in shopping malls, hospitals, Banks, factories, private or government firms as janitors or to run errands. Typically, they secure these positions through employment agencies where they register after paying a considerable amount. Their jobs are very stressful as they are required to stand most of the time and can take only a few strictly-timed short breaks. In residential buildings they sometimes clean vehicles and run errands to earn extra money to support their families back home. The workers get minimal or no paid leave even when they are ill or have personal emergencies .
And then are the municipal workers who clean roads and public spaces. They are usually very poor Dalit women. Mariamma, a pourakarmika or municipal cleaner in Bangalore , says: “For the last couple of years, we not only have not been getting low wages, but do not receive them regularly every month. Many times, we are forced to do another job as our government contract work pays very little. Further, if we complain or shirk work , the municipality expresses its dissatisfaction. Apart from cleaning dust, leaves, paper, rags et al, we have to pick and sort hazardous glass, metal, rotten food, soiled or torn clothes.”
Sanitary workers who clear sewage and storm water drains and dry latrines contravening the prohibition of Manual Scavenging Act are another underprivileged group. Even the iconic Indian Railway employs people to clean railway tracks and lavatories of human excreta and garbage. These people are also usually socio-economically marginalized Dalit women and men who are grossly underpaid and overworked and can barely run their households. Their children often discontinue their studies and are left with no option but to take up the same occupation as their parents. Since they are not always provided protective gear like gloves, masks and aprons they are exposed to toxic gases and other dangerous substances . They lack health care support.
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