SOCIAL SECURITY PROVISIONS AND SCHEMES FOR CONSTRUCTION WORKERS IN INDIA: A CRITICAL ANALYSIS

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SOCIAL SECURITY PROVISIONS AND SCHEMES FOR
CONSTRUCTION WORKERS IN INDIA: A CRITICAL ANALYSIS
Suhail Alam*
Dr. Ashvini Kumar Singh**
The social security concepts are one of the basic normative zones that functionally associates the individuals
among each other to live, survive and provides each oneself as valued human life. It is defined as the way to assist
socially to all the groups, community and classes who are underprivileged and vulnerable through all its structural
means as it required. Its aim is to eradicate the problems related to sub altern especially working classes from social
and economic distress. India’s unorganized workforce, which is about 92 percent, contributes 60 percent to the
‘National Economic Output’. Approximately 8.5 million workers are found to be involved in construction activities.
The present article aims to analyse the various dimensions of social security with special reference to well-being
schemes provided to construction workers. This article adopts a qualitative approach and is based on a systematic
review of literature (SRL). The construction workers experience multiple vulnerabilities in terms of their socio-
economic conditions, long hours of work, low wages, low basic facilities, unemployment, poor health, low
educational background, illness, accident, and death. They are deprived of social security benefits, basic rights,
statutory grievance redressal, and medical facilities. Further, the social security scheme related to workers is
pertinent and appropriate in the context of government intervention, but the effective implementation and monitoring
process are required to accomplish the legitimate expectation of the workers.
Keywords: Social Security, Construction Industry, Provision and Scheme, Construction Worker
Introduction
Social Security is a dynamic concept,
theoretically it demonstrates assistance to an individual
by state authorities. India being the welfare state has
duties, responsibilities, and accountabilities to take care
of its citizens especially the weak and vulnerable section
of society. The Unorganised Workers’ Social Security
Act, 2008 has been providing suitable welfare schemes
for unorganised workers. This Act incorporated various
schemes related to welfare of the workers community.
Most importantly these schemes protect the life and
benefit disabled groups. It also covers health and
maternity benefits, and elderly populations’ interests.
However, the ground realities are contrary to the
provisions of the Act. Construction workers are facing
health hazards, injuries, and social boycott in terms of
low living standards of life imposed upon them. Most
construction workers are illiterate, poor, and vulnerable.
Based on the nature of contractual engagement
and type of work, the construction workers hired by
employers and contractors do not have access to any
schemes or provision for workers. Apart from this, they
are deprived of the basic amenities like drinking water,
latrines and urinals, accommodation, crèche, first-aid,
canteen, and education for their children. Due to the lack
of awareness, workers do not get registered in the
government official records and therefore they are not
able to avail the benefits of the government schemes. It
is important to mention here that states have a
mechanism for the registration of construction workers,
*Ph.D. Scholar - Department of Social Work, Jamia Millia Islamia, New Delhi
**Associate Professor - Department of Social Work, Jamia Millia Islamia, New Delhi

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those workers who have completed 18 years and are not
more than 60 years, engaged in ninety days of work
during the preceding twelve months in a building and
other construction work, are entitled to get benefits.
Under the International Labour Organisation
(ILO) convention, the nine components of social
security schemes emphasize on employment injury
benefit, family benefit, invalidity benefit, old-age
benefit, medical care, maternity benefit, sickness
benefit, survivors' benefit, and unemployment benefit
(ILO, 1952). The schemes are provided for disability,
accidents, retrenchment, resignation, retirement, and
death. Social assistance and insurance play a vital role
in workers development. It helps to create a positive
attitude not only structurally or through technological
changes but also by equipping workers facing
challenges of globalization and enjoying its benefits.
Ratnam 2006 and Economic Survey 2018-2019
estimated that about 93% of the total workforce is
engaged in the informal sector (Dhas & Helen, 2008, p.
2). The construction industry is mainly labour intensive
(Shah & Tiwari, 2010). It has gradually increased and
has become the fastest-growing sector all over the
world. Several studies revealed that the construction
industry has emerged as the second-largest producer of
employment after agriculture (Akram, 2014). This
industry attracts a lot of unorganized workers from
different parts of the States. The construction workers
contribute to building infrastructure, roads, bridges,
malls, railway tracks and airports (Keerthana & Singh,
2014). However, the irony is that these workers are
unable to make their own houses. It is due to their socio-
economic conditions being very poor in comparison to
the other workers. Further, the nature of employment is
irregular, and income is not sustainable. Building
workers work for more than eight hours daily at the
workplace. Construction workers are exposed to various
hazardous activities that lead to occupational disorders
and psychosocial stresses (Tiwary & Gangopadhyay,
2011).
Though, the unorganized sectors and the
workforce category involved into it are having classified
as distressed social groups, workforce under service
category, occupation and on the bases of their
employment nature (Dhas & Helen 2008, p. 3). There is
a commission namely National Commission for
Enterprises in the Unorganized Sector (NCEUS)
established in 2004. This commission has formulated
emerging issues on social security schemes. It
acknowledged the issues of low income, education,
health, safety of females at the workplace (Neetha,
2006). The Central Government and State authorities
guarantee social protection for those who have not been
able to organize themselves in quest of livelihood and
employment opportunity, which is a requirement of the
unorganized workers.
Objectives
 To understand the conceptual framework of the
social security.
 To study the existing social security provisions
and schemes in India.
 To critically analyses the existing practices of
the social security scheme of the construction
workers in India.
Methodology
This research has adopted qualitative method. It
is based on a systematic literature review. The
qualitative data is derived and assessed through the
systematic content analysis and thematic review of the
relevant literatures, arguments, reports, thought,
opinion, and concepts related social security. Though,
quantitative data about workers involved in construction
workforce is also utilized from secondary sources
specially the government reports and ministry data.
Hence, it is used to summarize the existing pieces of
literature.
Conceptual Framework of Social Security
Historically, social assistance is the oldest form
of social security and has been practiced globally. The
ancient religious practices have been associated with
various services related to taking care of destitute in
India. In Europe, the Act for the Relief of the Poor, 1601
known as the Elizabethan Poor Law, was aimed at
welfare of the underprivileged. International Labour
Conference mentioned that social protection was being
provided for basic support related to livelihoods, safety,
and status (Subrahmanya, 2013). Sarma (1981) argued
that assistance is a scheme or service provided to the
needy as a right to meet minimum standards. The
purpose of the scheme is to remove disparity, insecurity,
and stress. Social insurance is another form of safeguard
provided by State, NGOs, and society (Bhagoliwal,
1976). Social protection comprises of all the provisions

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related to basic needs, health insurance, employment
benefits, accidental benefits, maternity benefits, and
food security (Subrahmanya 2013, p. 1). These schemes
propose to provide a minimum amount for a basic
standard of living due to societal and financial distress,
unemployment, old age, and invalidity (Pillai, 1996).
Social Security in India
Socio-economic ideals of State mentioned in
Directive Principles of State Policy of Indian
constitution clearly ambit that State would be
responsible for the protection of vulnerable section of
the society. These principles provided to secure a
judicious social order and welfare of the people,
providing equity, justice, social relations, right to work
with dignity, free legal aid, education and social
assistance in certain cases, humane condition of work
and maternity relief.
Article 39 (A) of Indian constitution indicates
that the citizens, either men or women are equal in terms
of right to an adequate means of livelihood. Article 39
(D), of the same section provided that there would be
equal wages for equal work for each gender without any
discrimination. Further, Article 41 guided the State for
effective provision related to right to work, right to
education, assistance to unemployed individuals, senior
citizens, sickness, and differently abled population.
Article 43 mentions that State shall safeguard
and develop suitable laws and economic sources of
livelihood to all the workers irrespective of areas of
works either agriculture, industrial, or a daily wage
labourers and conditions of work for ensuring a decent
standard of life. However, one of the important critiques
to these directives provided for the welfare of the
marginalized group of Indian society is that it is non
justiciable. We cannot challenge against State if it is not
implementing these principles. The State is not bound
to obey and execute these provisions related to workers.
Hence, the role of State for the social change is
drastically needed in this cause.
The Existing Framework of Social Security
Schemes
a. Organized Sector
The social security scheme covers a small
segment of the organized workforce in India. National
Sample Survey Organization (1999-2000) stated that out
of 397 million of the total workforce, only 28 million
workers are benefited by social security protection
(Government of India, 2001). The social security laws
in India are divided into two broad categories: (i)
contributory law and (ii) non-contributory law. The
contributory law covers those which are provided for the
financing of social assistance schemes by contributions
paid by the employer and the workers or in some cases
are supplemented by grants from the State, NGO, and
Society. While non-contributory laws provide benefit to
the workers against inflationary, longevity, and
survivors’ risks (Bali, 2014).
b. Unorganized Sector
Based on empirical research and published
reports by government agencies and research
departments shows that ‘a major proportion of the total
workforce in India is engaged in the so-called
unorganized sector or informal sector i.e., construction
industry, agriculture sector, home-based work’
(Panneer, 2019). The report of tenth-five-year plan
mentions that the practices of social security schemes in
unorganized sector are broadly categorized into four
groups (i) social assistance programmes funded by
Government of India (ii) social assistance provided in
form of welfare funds from Union and Provincial
Governments (iii) social insurance scheme (iv) public
initiatives.
The Building and Other Construction Workers
(Regulation of Employment and Conditions of
Service Act, 1996)
This Act by Central Government, applies to
every establishment, who is employer of 10 or more
building workers in any building or construction related
activities. This Act includes the components of social
security, welfare measures, health, and safety of the
construction workers (Tiwary & Gangopadhayay,
2011). In addition, the welfare fund emphasizes on
looking after the social assistance need for the
construction workers involved in building works.
The Unorganized Workers’ Social Security Act, 2008
Indian Government enacted the Unorganized
Workers’ Social Security 2008. This act provide
protection for the workers in the unorganized sector.
This acts the central government shall formulate suitable
welfare scheme on matter related to health and maternity
benefits scheme for female workers, life and disability
coverage, and protection to senior citizens. Also, State

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Government shall formulate schemes relating to funeral
assistance, skill up-gradation of workers, old age homes,
educational schemes for children, employment injury
benefit, and provident fund for unorganized workers.
The act also suggests reviewing the progress of the
registration process and distribution of labour cards to
the unorganised workers.
Critical Analysis of Social Security Scheme for
Construction Workers in India
Social security is considered as most important
concept which is related to the high ideals of human
dignity for achieving social justice (Mahmood 2010).
Assistance or schemes performs a crucial role in
unorganized sector. Construction industry provides
immediate employment after agriculture sector (ibid
2014). Despite its avenues to provide early employment
opportunities, it cannot be beyond the limits of the
hazardous industry category. Theoretically, this industry
follows social security benefits. However, contrary to
the claims, these workers experience hazards at various
physical, social, and mental levels. They are vulnerable
to occupational health hazards also. Construction
workers are unable to get registration of their works.
Mainly, these workforces are very casual in nature
having no citation in the government official records.
There unidentified work has multiple variants of
exploitation not only through unrecognized work
situation as well as not featuring under government
scheme. Even gender and child issues cannot be
neglected from the sense of unsocial treatment by the
contractors and other stakeholders.
Though, a little attempt has been done during
the COVID-19 situation and construction labour force
are identified and recognized by the Govt of NCT of
Delhi, but majority of the work force are still waiting for
formal identification and record at government data.
NCT of Delhi has tried to identify these workers under
(‘Building and Other Construction Workers Act, 1996’
and the ‘Unorganized Workers’ Social Security Act,
2008’).
Construction workers experience many
difficulties in their daily life because of problems and
issues related to urbanization and migration.
Urbanization is a complex process where migration
takes place for the sake of livelihood and improvement
in the standard of living. Despite the faster growth of
urbanization, the construction workers are residing in
slum areas. Migration is also a complex process in
which construction workers are suffering from diverse
forms of exploitation at every stage (Srinivasan, 2013).
The impact of migration also affects the different
dimensions of social and economic changes. Amount of
labour workforce that are involved in the construction
works are the demographically youth populations whose
native places are Bihar, Uttar Pradesh, Madhya Pradesh,
Jharkhand, and Rajasthan. Mostly the source region of
construction workers are the economically backward
districts of Indian states. Even, categorically these
construction workers are among the Other Backward
Classes and (OBCs) Scheduled Castes (SCs) Scheduled
Tribes (STs). Historically, these classes of Indian
society experienced multilayered exploitation at various
stages. Push factors of the migration causes them to
move towards metropolitan cities in search of their
livelihood or to raise their earning levels. (Verma,
2014).
The building workers are facing long hours of
work, unhygienic workplace, no safety net, low wages,
and poor education status. They are afflicted by
occupational diseases and illnesses. Even as the
construction workers are not aware of the social security
schemes i.e., old-age pension scheme, maternity leave,
housing loan, children education, and accident benefit
schemes.
The Central Government and State
Governments have initiated different social security
measures and programmes for the different working
groups associated with industries in the unorganized
sector (Tiwary et al, 2012). The labour laws related to
the workers appear only on paper. But it does not
effectively enforce in the ground. Security schemes
among construction workers are not sufficient due to the
reason for the illiteracy of the workers. The welfare
measures were being widely publicized and circulated
through traditional as well as social media. The finding
of the study is that current rules and regulations
regarding unorganized workers are present but
monitoring process and effective implementation are
required through governmental bodies.
The construction workers play a crucial role to
build the nation’s economy without receiving any
equitable share of benefits. India has not been able to
provide comprehensive social security services for
construction workers. The ‘trickle-down approach’ is
required for the betterment of workers (Mishra, 2017).

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This approach has not succeeded as it was conceived.
There is urgent need to take appropriate measures to
strengthen the social security schemes for construction
workers.
Conclusion
In a nutshell, the above discussion brings to
light the fact that the social security provisions and
schemes for construction workers in India are not being
properly monitored or evaluated. There is an imperative
need to relook the provisions and schemes available for
construction workers and strengthen the existing
provisions and schemes. There is also need to create a
mechanism for continuous monitoring and evaluation of
available programmes and schemes for construction
workers.
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