workers in the unorganised sector. Moreover, there is no express requirement that minimum wages adhere to the principle of equal pay for work of equal value. Thus the danger is that minimum pay rates will replicate gender discrimination. (However, it appears two Indian States (Karnataka and Kerala) have included domestic workers in their minimum wage schedules.) The Contract Labour (Regulation and Abolition) Act 1970 provides certain minimum rights to contract workers, for example a right to a canteen and restrooms. The duties and obligations under the Act lie with the contractor and not the principal employer. A contractor undertakes to produce a given result for an establishment through contract labour which is more than the mere supply of goods. However, the Act does not apply to out-workers which are defined as person to whom any articles or materials are given out by or on behalf of the “a Principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises” Nor does the Act apply to establishments in which only intermittent or casual work is performed or where twenty or more people are employed or were employed any time during the past year. In a more express attempt to include irregular workers, the Indian Government promulgated the Unorganised Workers Social Security Act in 2008. The unorganised sector is defined as an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing services of any kind whatsoever; and where the enterprise employs workers, the number of such workers is less than ten. The Act requires the State to formulate welfare schemes for home-based workers, self-employed workers and wage workers employed in the unorganised labour sector, including migrant workers and domestic workers. . The Act requires the Central government and State governments respectively to formulate and notify welfare schemes for unorganised or irregular workers with respect to life and disability cover, health and maternity benefits, old age protection (Central Government) and provident funds, employment injury, housing, educational schemes for children, skill for workers, funeral assistance and old age homes (State Governments). All unorganized workers above 14 years of age are eligible for registration, presumably to qualify them as beneficiaries of the schemes. However, here too there is no provision entitling
workers in the unorganised sector. Moreover, there is no express requirement that minimum wages adhere to the principle of equal pay for work of equal value. Thus the danger is that minimum pay rates will replicate gender discrimination. (However, it appears two Indian States (Karnataka and Kerala) have included domestic workers in their minimum wage schedules.) The Contract Labour (Regulation and Abolition) Act 1970 provides certain minimum rights to contract workers, for example a right to a canteen and restrooms. The duties and obligations under the Act lie with the contractor and not the principal employer. A contractor undertakes to produce a given result for an establishment through contract labour which is more than the mere supply of goods. However, the Act does not apply to out-workers which are defined as “a person to whom any articles or materials are given out by or on behalf of the Principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises” Nor does the Act apply to establishments in which only intermittent or casual work is performed or where twenty or more people are employed or were employed any time during the past year. In a more express attempt to include irregular workers, the Indian Government promulgated the Unorganised Workers Social Security Act in 2008. The unorganised sector is defined as an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing services of any kind whatsoever; and where the enterprise employs workers, the number of such workers is less than ten. The Act requires the State to formulate welfare schemes for home-based workers, self-employed workers and wage workers employed in the unorganised labour sector, including migrant workers and domestic workers. . The Act requires the Central government and State governments respectively to formulate and notify welfare schemes for unorganised or irregular workers with respect to life and disability cover, health and maternity benefits, old age protection (Central Government) and provident funds, employment injury, housing, educational schemes for children, skill for workers, funeral assistance and old age homes (State Governments). All unorganized workers above 14 years of age are eligible for registration, presumably to qualify them as beneficiaries of the schemes. However, here too there is no provision entitling
RoletEqualityandNonDiscriminationLawsinWomensEconomic.docx