The social security in the notion of basic social security is related to the security of food, health, housing, education etc. On other hand social security in the notion of the contingent social security is concerned with the security for the aged person who has completed his productive working age; for the disabled, infirm person who has lost their productive capacity. That means the contingent social security is quietly concerned with the social arrangement in general of taking care in the case of adversity due to old age, death, infirmity, disability and accordingly loss of productive capacity as well as the work. It is wide in nature.
Under the basic social security notion the scheme like the National Rural Employment Guarantee Programme is of great importance. It is not merely scheme for the informal rural workers but it has the statutory backing. It is a matter of right of the informal poor, vulnerable workers of rural areas in India. NREG is the first statutory backed scheme which gives room to the informal workers for the development with dignity.
In respect of the contingent social security schemes there were five Welfare Funds providing social security to the bidi workers, mine workers and the cine workers. These are namely (i) The Mica Mines Labour Welfare Fund Act of 1946, (ii) the Limestone and Dolomite Mines Labour Welfare Fund Act of 1972, (iii) the Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Act of 1976, (iv) the Beedi Workers Welfare Fund Act of 1976, and (v) the Cine Workers Welfare Fund Act of 1981. It is to be noted that these schemes were undertaken by the central government prior to coming into the force of the Unorganized Sector Workers Social Security Act, 2008. In the light of the above stated basic social security and integrated social security schemes let discuss importance and effect of the Unorganized Worker Social Security Act, 2008.
On recommendations of the Second Labour Commission during the period of NDA government the Unorganized Sectors Workers Bill, 2003 was drafted to guarantee the social security towards the workers in India. Another Bill was drafted during the period of the 1st UPA government in India namely the Unorganized Sector Workers’ Social Security Bill, 2005 and the Unorganized Sector Workers’ conditions and livelihood promotion Bill, 2005. In this respect the aspect of social security were discussed almost in all parts of India. After all the UPA government instead of accepting the “Unorganized sector Worker Bill, 2003” as drafted by the earlier NDA government drafted another Bill namely “Unorganized Sector Workers Social Security Bill, 2005” for the purpose of securing social security to the workers so engaged in the unorganized sector. Even UPA government has also followed the recommendations laid down by the Second National Commission on Labour constituted by the NDA government. Through this Bill the UPA government has given the statutory shape to their National Common Minimum Programme commitments.
Finally the unique piece of legislation has been placed in the floor of the House of the Parliament. The legislature argued in favour of this legislation. It was widely advocated for the extension of formal social security towards the weaker section of the society. However, the Unorganized Worker Social Security Act, 2008 has notified by the Central Government and to make the social security relevant and meaningful for about 40crors unorganized workers in India.
The Preamble of the UWSC Act, 2008 clearly provides for the social security and welfare of the unorganized workers and also for the matter connected and incidentally related to the social security and welfare of the unorganized workers. That gives a wide definition of the unorganized workers by means and includes the home based, self employed or wage workers in the unorganized sector as well as the workers in the organized sector who are not covered by the Acts like the Workmen's Compensation Act 1923 (8 of 1923), the Industrial Disputes Act 1947 (14 of 1947), the Employees' State Insurance Act 1948 (34 of 1948), the Employees' Provident Funds and Miscellaneous Provisions Act 1952 (19 of 1952), the Maternity Benefit Act 1961 (53 of 1961), the Payment of Gratuity Act 1972 (39 of 1972).
Section 2(l) of the Act given the definition of the unorganized sector as the enterprise or the establishment owned by the individual or the self workers and engaged in the production, sale of goods, providing service etc and the establishments or the enterprises employ less than ten workers.
Then we are to see the schemes and coverage under this Act so as to evaluate the social security measures taken under this Act for the unorganized workers in the whole of India. in reference to the Section 3 under the Chapter-II of the UWSC Act, 2008 it can be said that both the ‘basic’ and the ‘contingent’ form of social security are provided for the unorganized workers through this Act. The schemes as covered under Schedule-I of the Act are Indira Gandhi National Old Age Pension Scheme, National Family Benefit Scheme, Janani Suraksha Yojana, Handloom Weavers' Comprehensive Welfare Scheme, Handicraft Artisans' Comprehensive Welfare Scheme, Pension to Master craft persons, National Scheme for Welfare of Fishermen and Training and Extension, Janshree Bima Yojana, Aam Admi Bima Yojana and Rashtriya Swasthya Bima Yojana and these are to be undertaken by the Central Government. The Central Government may also undertake the other schemes as it think fit from time to time and in this regard it can modify the Schedule of this Act also.
For the strengthening of Govt. activities Indian Parliament has enacted this unique piece of legislation i.e. the Unorganized Workers Social Security Act, 2008 but this legislation is not properly evolved several aspect for benefit of unorganized workers. Something has been criticized by the critiques.
The Parliament of India should proceed to make necessary amendments to the UWSC, 2008 so as to enlarge its scope and coverage. The Act should be given a realistic form of statute in order to provide social security to the unorganized workers in India. Excessive delegation of legislative authority as it is in the existing UWSC Act, 2008 and where by the commencement for the Act is left to be decided by the Central Government must also be checked.