BEYOND BRICKS AND STONES
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BEYOND BRICKS AND STONES
The Voice of Construction Workers
■'nek Koi'-
Preface
national seminar on 'Construction Labour' was
organised in New Delhi from November 1 -3,1985. The
seminar was organised by Tamil Nadu Construction
Workers Union, Madras with the assistance of Legal Aid
and Advice, New Delhi; Committee for Implementation of
Legal Aid Schemes, New Delhi and Society for Participatory
Research in Asia (PRIA), New Delhi. The main objective, of
the seminar was to examine the problems faced by workers
in the construction industry and the possibility of a
comprehensive legislation that can protect the interests of
the construction workers. Over.the years, it has been felt
that the existing labour legislations have very little potential
of getting implemented in the construction industry due to
the peculiar features of the industry itself. There is no
change in the conditions of the workers even after the
ammendment of the existing labour laws.
Over 250 participants comprising a large number of
construction workers from different parts of the country as
=xll as other trade union leaders, builders' representatives,
•vs, government officials, social scientists etc. took
'•he seminar. For the first time, members of the
-e themselves were actively involved in the
'berating on the content and form of the law to
at could ensure a better future for them.
xnd deliberations of the seminar were
'ssues relating to the unregulated
■on industry that lead to the
•tction workers, and the need
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existing legislations, in
mto cognisance the
■jction industry. All
es of the industry,
slation that would
ern etc., as well as
nomic and welfare
?, emphasis should
tn but in regulating
a self-regulating
lat guarantees the
eir participation in
PS
It was recommendeo by u,a seminar participants that a
draft bill for such a comprehensive self-regulating
legislation be prepared and presented before the
Parliament. Alongwith it, a national campaign should be
launched to conscientize and organise the construction
workers, and to highlight their problems. This campaign
can then provide the necessary support for the legislation.
This booklet briefly presents the deliberations and
outcomes of this national seminar. It describes the nature
of the construction industry, the plight of construction
workers and the inappropriateness of existing legislations
for this industry. We hope that this will be useful in
highlighting the need for an alternative legislation and
building larger support for it.
Binoy Acharya of PRIA has prepared the text of this
booklet. Work Bench has assisted in its publication.
New Delhi
February, 1986
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In spite of the vast amount of money spent on
construction, the industry is far from being regulated or
organised and no benefit accrues to the workforce. The
principal employers in this industry are government
departments, private undertakings, registered and
unregistered builders or companies and individuals. The
largest principal employers in the construction industry are
the central and state government departments and public
sector undertakings.
Construction
Industry In India
he construction industry started even before the
industrial revolution. Industrial revolution and the
subsequent 'development' processes have accelerated and
widened the arena and scope of construction. It will not be
wrong to say that construction is the base over which other
industries and socio-economic activities grow.
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Unregulated Industry
Construction activities include:
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Building structures— Dams, Bridges, Roads,
Factories, Houses, Railway tracks, etc.
Maintenance of constructed structures
Allied activities (brick-making, stone
quarrying, plumbing etc.)
Since independence, a large percentage of the total
investment in the country has been going to construction. It
is now considered as the second largest economic activity,'
next only to agriculture. Since government is giving added
emphasis on the creation of 'development' infrastructures,
it is certain that construction industry will only increase its
importance in the coming years. It is calculated that
whatever money has been spent on construction during
last 35 years, an equal amount will be spent during the next
five years. Construction is consistently providing a
substantial (about 5%) contribution to the national income
in the country.
Investment in construction during the last 30
years was more than the total investment
made during 150 years of British rule.
At present, the investment on construction is
about half of the total investment made
towards all development works.
During 1951'85, investment on construction
was about Rs 2 lakh crores.
Construction adds 78 paise to Gross Domestic
Product (GDP) per rupee of investment, which
is next only to banking and agriculture.
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Construction activities are mostly carried out in an
adhoc manner. A number of parties are involved in
construction: the client (principal employer), contractor,
consultants and the workers. The first three have a
predominant voice or control over the work, whereas the
workers only carry out the work as per specifications given
to them. During the actual work, however, these three
.5 parties have no direct role in organising the labour process.
B The work is mostly controlled by a sub-contracting system.
This system does not have any legal standing, but does
most of the work including controlling the workers.
Invisible Employer
The invisibility of the employer is the principal reason of
the perpetuation of the ad hoc relationship. Consequently
there is no formal working relationship between the
employer and the worker. In practice, despite statutory
provisions, the employer bears no responsibility towards
the workers.
Seasonal Work
Construction operations are seasonal in nature. With
the advent of the rainy season, construction comes to a
stand still. As a consequence, the industry is not able to
provide full employment to the workers.
Mobile Industry
The most significant aspect of the industry is its mobile
nature. It is the only industry where the industry is mobile
and the product is static. As construction in one place
finishes, the workers have to leave for another place in
search of work. The worker takes the whole responsibility
on his own to get a day's wage. The industry does not have
any in-built provision to identify a worker and regulate his
job.
The Work Force and
its Plight
onstruction industry draws most of its workforce from
the rural areas, particularly from the most vulnerable
sections of the society. An estimation from the total money
invested on construction, reveals that more than one crore
workers are employed in this industry of which10% are
women.
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Census enumeration is not the
sacred cow
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Ad hoc functioning of the Industry
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invisible principal employer
seasonal nature of the work
mobile nature of the industry
unregistered employers, and above all
unregulated industry.
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As per 1981 census ^numeration about 37
lakhs of workers are employed in construction.
But mandays calculated based on investment
reveals that economically active population
engaged in construction should be more than
one hundred lakhs.
(It is estimated that one lakh rupees worth of
construction generates 3100 mandays of
unskilled labour and 1300 mandays of
technical/managerial personnel).
Rural Origins
Construction being a traditional activity, a segment of
the labour force in the industry, especially within the skilled
workers, originates from this. Impoverishment in the rural
areas coupled with urbanization, results in the largescale
induction of the rural poor into the industry, constituting the
bulk of the workforce. The rural origins of the workforce
renders it particularly susceptible to gross exploitation for
reasons of ignorance, illiteracy and poverty.
Exploitative Sub-Contracting System
A worker's entry into construction work is simple but it
offers nothing worthwhile. Anyone can enter the ranks of
this massive workforce in the absence of licencing and
regulatory provisions. Workers at all skill levels are hired on
a time basis varying from daily hiring at the market place to
short stretches (till a piece of work is completed). None of
these offer any security of employment and since no
records are maintained at the worksite, the worker is never
granted any legal standing. The situation is even worse,
when workers assemble at one place every morning and
the 'Jamadar' picks them up for a daily wage. A day's wage
of the worker is completely dependent upon the availability
of work and the mercy of the 'Jamadar'. There is every
chance that many of them have to return back or seek some
other work when the 'Jamadar' denies them work. This is a
very common phenomenon in cities like Delhi, Bombay etc,
where large.groups of workers come from remote rural
areas in search of a construction job. Construction workers
constitute one of the largest number of bonded labourers in
the country.
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Vulnerable position of the workers and the mobile
nature of the industry do not allow the workers to
get organised to fight for their rights.
Employment
Most of the construction works employ daily wage
casual labourers. Even the registered companies employ
unskilled workers on a temporary basis. The relationship of
these workers with the industry is not governed by any
legal sanction as they are not directly employed by the
principal employer. Invisibility of the principal employer u
gitres advantage to a third party to take complete control
over the- employment pattern. It is known as sub
contracting system and locally known as 'Jamadari' or
'Peshgi' system.
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Dynamics of the Industry
Mobile Nature of the Industry
Non-Registration of Employer and Employee
Seasonal Work
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Unregulated Industry
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Easy entry but no guarantee of getting a day's wage
Invisible employer
Exploitative sub-contracting system (jamadari)
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Lower potential of existing legislations to get
implemented
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Does not allow the workers to get organised
Non-availability of training
Non-adherance to safety schemes.
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Absence of permanent labour and mobile nature of the
industry create problems for the worker to search for
employment on his own. As a consequence, the workers
have no other way, but to fall prey into the hands of the sub
contractors.
In big constructions, the contractors frequently bring the
labourers from their own villages, lingual groups or caste
groups. As these labourers are 'pushed out from
agriculture, they often do not have the capacity to bear the
transport cost. In such cases, the sub-contractor advances
the money to then. But when the worker comes to the new
place and starts working, the sub-contractor deducts that
money along with interest from the wage. However, he
takes no responsibility for providing housing or regular
employment. Because of the economic and social
vulnerability, the workers cannot even raise their voice
against the sub-contractors.
non-identification and non-recognition of risky actions,
non-analysis of accidents and lack of training of workers on
safety.
A British Statistics
ACCIDENTS IN MANUFACTURING <£
CONSTRUCTION INCsLLSTRy-*?^
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HANDLING GOODS
An Indian Case
DEATHS DUE TO ACCIDENTS
DUPING THE COMST RUCTION OF
NAGARJUNSAGAR BAM
Wages
Construction workers are among the least paid workers
in India. The wages are paid on the basis of a day's work or
on piece-rate basis. Discrimination of wage in terms of sex
is widely prevalent in this industry. Sometimes, the
workers, after coming to the work place, cannot start the
work because of non-availability of raw materials or bad
weather, like rain, he is then denied his day's wage. Inspite
of the fixation of minimum wage, hardly any worker
receives the right wage. The workers are never paid the
wage for one extra day for every six day's of continuous
work, though the Minimum Wages Act, 1948 clearly
specifies it. Moreover, as the minimum wage varies from
zone to zone, district to district and state to state and as the
worker moves from one place to another, his wage
structure never remains fixed. All this creates problems
while calculating compensation and other economic
benefits.
Work Hazards
A high degree of risk and danger is involved in this work.
The work proceeds in most dangerous situations under sun,
cold, heat, rain, dust, etc. The magnitude of accidents and
occupational diseases associated with this work is
appallingly high and complex. It is because most of the
operations are labour intensive with the presence of
inadequate safety measures, low quality of materials used,
Causes of Accidents
Failure or collapse of scaffolding, centering & shuttering.
Improper guard against the work environment
Night work with poor lighting
Fire and electrocution
Excessive noise
Handling of heavy finished and semifinished materials,
like metals
Blasting
Underground work
Absence of Training
Working Hazards
Cause
Effect
Cement Dust
— Irritation to lungs, cancer and
skin disease
—Irritation to lungs, eyes and
skin and lung cancer
—Asthma and nasal cancer
— Silicosis
— Asbestosis (Lung disease)
—Blood Pressure
— Loss of hearing, stress, blood
pressure
—Heat cramps and sun burns
— Numbness of hands and fingers
— Sprain, rheumatism
Plaster
Wood burning
Sand
Asbestos
Work at high place
Sound
Heat
Vibration
Repetitive work
With the absence of new methods and new designs in
construction, most of the work is going into the hands of
specialists. The average construction workers who are
skilled in traditional construction work are not getting any
chance to enter into the modern construction work in the
absence of training facility. The unskilled workers like the
helpers generally learn from the masons, but no one
recognises them as they have not worked before. A helper
is always a helper and a mason is always a mason.
Promotion and training are unheard of by construction
workers. With new technical methods being introduced in
construction, the absence of training will restrict the entry
of the unskilled and semi-skilled labourers intothe industry
in future.
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Discrimination Against Women
The women workers in the construction industry do the
most strenous and unskilled jobs like brick-making, stone
quarrying, assembling of construction materials, lifting of
stones, bricks and cement etc. Despite their principal role in
the construction work, they are not considered as the main
labour force. The employers generally consider them as
mere helpers and give them less wages than the male
labourers. The discrimination never ends at the wage level.
The amount of physical hardship and its consequent effects
upon the health of the women are never realised. The
strenuous work can cause major health hazards to the
pregnant women and lactating mothers. Carrying heavy
loads upon the ladder and over uneven surfaces can cause
spontaneous miscarriages in case of pregnant women.
Knowing all this, till today, there is no provision of maternity
benefit, creche facilities, etc. for women construction
workers. Further, women workers continue to work as
helpers throughout their lives since they are denied
training on skilled works. Sexual harassment of women
in this industry is also quite widespread.
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Lack of Security
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Inspite of the wide prevalance of improper employment
pattern, low wages, accidents and diseases, the
construction worker faces many other problems. The
workers live in slums in small huts near the site of the
construction in most unhygienic conditions. The employer
does not take any responsibility ot providing proper
accommodation to the workers, though he is legally
supposed to do so. There is no schooling facility, and little
children extend a helping hand to their parent's work
without any claim on wages
In this industry, the workers do not get any proper
compensation in case of accidents or medical facility in
case of ill-health. Bonus, gratuity, provident fund, and other
social security schemes are never imagined of by them.
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Minimum Rights of a Worker in Construction
Minimum wage
Housing
Medicial/ESI
largely absent
Legislations
Inadequate
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Bonus
Gratuity
Provident fund
Promotion
Other Welfare Scheme
Maternity Benefits
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IV!
glaringly absent
There is no leave, no social security, no safety
provisions. In order words, the workers in this industry do
not enjoy any rights as their counterparts are having in other
organised sectors. The existing conditions of the
construction workers exposes the inadequancy of the
present labour legislations.
ost of the existing labour legislations have come out
of sustained struggles of the working class.
Among the set of legislations, only a few protect the
rights of all sections of the working class. It has been
accepted in the Report of the National Commission of
Labour that almost all the existing legislations are not
applicable in case of construction workers. The existing
legislations have been framed keeping in mind the situation
and needs of the organised sector. The nature of the
construction industry is so different from other sectors of
work that these legislations have very little potential to
k serve their purpose. Moreover, as the workers of the
“ industry are less vocal, illiterate and unorganised, their
interests and rights have been systematically undermined.
A candid evaluation of the industry and legislations shows
that a self-regulating legislation alone can regulate the
industry and alleviate the conditions of the workers and
meet their aspirations.
V'\OO
Existing Legislations
The Need
Minimum Wages Act, 1948
Employees State Insurance Act, 1948
Employees Provident Fund, Misc. Provision
Act, 1952
Contract Labour (Regulation & Abolition), Act
1970
Factories Act, 1948
Tamil Nadu Construction Labour Act, 1984
(Pending for President's assent)
The above are not applicable to the workers in
construction industry BECAUSE
Employment and work activity is unregulated
Principal employer is hidden
There is no provision to identify the employer
and worker
It is a mobile industry—frequent change of
place of work and employer
There is no method to guarantee a regular
employment to the worker.
All the above legislations are formulated taking
into account the nature and needs of the
organised sector
’I
HENCE A fresh legislation is needed that will take
care of the peculiarities of the industry and regulate
the industry and ensure the basic rights of workers.
The workers are at a disadvantage with the extension of
the existing legislations to the construction industry. For
instance, the Employees State Insurance Act, 1948 has
been extended for construction workers. But as the
employer-employee relation is transient any deduction from
wages will not benefit the worker. This not only takes away
the responsibility of the employer but in essense exploits
„the worker. Mere extension of a pieceof legislation without
I knowing its nature of functioning is meaningless.
Extension of Employee’s Provident Fund and Misc.
Provision Act, 1952 is also facing the same consequence.
This act was extended to construction workers in October,
1980. The provident fund is meant to create a fund for the
benefit of the worker at the old age or for the family in the
event of unfortunate death of a worker. The contribution for
it is equally matched by worker and employer. In case of
construction, there is not yet any clear method to maintain a
provident fund account as there is no fixed employer and no
regulated employment of the worker.
he need for the protection of the rights of the const
ruction workers has been many times put before the
government. Each time it is pressed, government comes out
with an ammendment to the existing legislations. No
effort is made to examine the applicability of a particular
legislation. It should be remembered that.
Justice
Gajendragadkar, Retired Chief Justice of India, had
submitted a report to the government examining all the
different labour legislations. The government, instead of
examining it and looking for different possibilities, shelved
the report since then.
In Tamilnadu, after 5 years of struggle by Tamilnadu
Construction Workers' Union, the government brought out
a bill which is nothing but a replica of Contract Labour Act.
The government did not want to listen to the views of the
union. Though the Bill Review Committee headed by
Justice V.R. Krishna Iyer recommended major changes, the
government refused to accept most of the
recommendations.
In Kerala, after sustained pressure from the
construction workers union, the State Government
appointed a commission to inquire into the introduction of a
welfare fund. After one year of probing, the commission
gave its report in 1984. But the government is not paying
any attention for its implementation.
As a matter of fact, most of our legislations are
facesaving devices, because, while passing the bill, no
effort is made to examine its functional aspects. In case of
construction workers and industry, the existing labour
legislations have no regulative strength to get
operationalized or implemented.
A law paper has no value as long as it is not enforced.
Every law should have the inbuilt capacity to be self
regulating so that it has the capacity to prescribe as well as
control.
To safeguard the interests and rights of the construction
workers, a fresh comprehensive legislation needs to be
framed, so that it can regulate the industry, employment,
wage, employer-employee relationship and ensure
economic benefits and welfare to the workers. In other
words, the legislation should not only take into account the
responsibility, rights and other statutory provisions butalso
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be self-regulating by itself. In the context of frequent
change of work place, sometimes from one district to
another or one state to another, there is a need to establish
a national institutional structure which can keep the
records of the employers and employees and regulate the
industry all over the country. It can be a Construction Labour
Board. This board can then maintain and administer
Provident Fund, Gratuity, ESI-health, Housing, Bonus,
etc. for all the registered workers, recovering a certain
percentage from all the registered employees. In other
words, the Board will be the single national institution to
which workers can make their claims wherever they might
be.
During the National Seminar, it has been clearly
argued and generally agreed that extension of existing
labour legislations to construction industry will not serve
anypurposebecauseoftheQeculiaritiesoftheindustry.lt
was strongly felt that a National Construction Board with
State Boards and district officers can alone regulate the
industry, and enforce the laws and provide social and
economic justice to the construction workers.
Follow-up
A National Campaign Committee was formed
under the Chairmanship of Justice V.R. Krishna
Iyer to pursue the follow up actions proposed at
the seminar. Some of the action programmes are:
Drafting the Bill— To complete the drafting of
a model bill incorporating the consensus
arrived at the seminar.
Lobbying— To launch concerted campaigns
co-ordinated at the national level, like meeting
members of Parliament to enlist their support
in getting the model legislation enacted.
Campaign at state level— To form state-wise
campaign committees to mobilize workers in
different states to press the government to
enact such legislation.
Regional Seminar and Workshop— To
organise seminar and Workshops as a part of
the organizational programme to enlist the
support of other sections of the society.
Signature Campaign— To launch a massive
nation-wide signature campaign for
construction workers petitioning the
Parliament to accept and enact the model bill.
Proposed Construction Labour Board
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It will be a statutory body consisting of a
tripartite committee representing
Government, Labour and Employers.
It will take care of the mobile nature of the
industry and invisible presence of the principle
employer.
It will regulate the employment and migration
pattern by compulsory registration of
employers and employees.
It will restrict employment to only registered
workers by registered employers.
It will determine wages and disburse wages.
It will provide equitable sharing of available
employment among the registered workers.
It will collect from the builder wage bill
including social security and ESI contribution
in proportion to working days and a
construction levy towards welfare fund to
provide for housing, creches, minimum wage
guarantee, training, etc.
It will give consent to builder after collecting
the above mentioned amount and 'consent' to
be got compulsorily inorder to get sanction of
plan.
It will create standards, and ensure adherance
to them, on matters of workplace, health and
safety.
The National Campaign Committee has submitted a
memorandum to the Hon'ble Minister for Labour of
Union Government informing him of the proposals
arrived at the seminar and urged the Central
Government to take initiative in providing for social
justice to the constructioin workers. The proposed
draft bill is now ready and being circulated.
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