Social security and UN response to the alleviation of unorganized labor migrants

Social security and UN response to the alleviation of unorganized labor migrants

Author :- CHHAYA; B.A.LL.B FINAL YEAR, SARASWATI INSTITUTE OF LAW

Social security is a set of policies and programs that aim to reduce poverty and vulnerability. In India, the government has implemented several social security measures for unorganized workers, including : 

• Indira Gandhi National Old Age Pension Scheme 

• National Family Benefit Scheme 

• Janani Suraksha Yojana 

• Hand loom Weavers’ Comprehensive Welfare Scheme  

• Handicraft Artisans’ Comprehensive Welfare Scheme 

• Pradhan Mantri shram Yogi Maan- dhan (PM-SYM) 

• Aam Admi Beema Yojana 

The private sector and various government departments also play a role in providing social security to interstate migrant workers. 

The state responds to shocks by making cross - border movement restrictive. This can increase living and working costs for migrants. 

According to the National Sample survey Organization(NSSO), 30 million workers in India are constantly on the move. 

Definition of social security- Social security is a system that provides protection to individual and households against certain risks. It’s designed to: 

• Prevent and cure disease 

• Support people who are unable to earn

• Restore people to gainful employment 

• Maintain individual or family income

• Provide income when some or all sources of income are disrupted or terminated 

• Ensure access to health care 

• Guarantee income security

Social security covers eventualities like: 

Sickness, Maternity, Disability, Death, Unemployment, Old age, Work injury, Loss of a breadwinner. 

The term “ social security” first appeared in the Social Security Act of United States in 1935. The new Deal was implemented at that time as countermeasures against the Great Depression. It was urgently required to create economic security systems for the unemployed. 

UN response to the alleviation of unorganized labor migrants - The United Nations (UN) has several organization that work to help migrants: 

• UNHCR: Provides protection and assistance to refugees, returnees, internally displaced, and stateless people.

• IOM: Works to ensure the orderly and humane management of migration. 

• Committee on the Protection of the Rights of All Migrants Workers and Members of their Families (CMW): Works to protect the rights of migrant workers. 

The UN also says that everyone living within a state’s territory, irrespective of their immigration status, is entitled to general human rights guarantees. 

Protecting the Social Security Rights of Migrant Workers- As a member of society, every person has a rights to social security. Effective social security systems are powerful tools to provide income security, prevent and reduce poverty and inequality, and promote social inclusion and dignity. As an important investment in the well- being of workers and the population at large, social security enhances productivity, employ ability and supports sustainable economic development, thereby contributing to a fair globalization with decent standards of living for all. 

As social security benefits are usually granted on the basis of periods of employment, economic activity or residence, the registration with the national social security scheme is a perquisite for the acquisition of social security of “regular” migrant workers, rather than those described as migrant workers with an “irregular” status. 

Impact of Social Security: Social security has a powerful impact at all levels of society. It provides workers  and their families with access to health care and with protection against loss of income, whether it is for short periods of unemployment injury. It provides older people with income security in their retirement years. Children benefit from social security programme designed to help their families cope with the cost of education. For employers and enterprises, social security helps maintain stable labour relations and to a country’s overall growth and development by bolstering living standards, cushioning the effects of structural and technologies change on people and thereby providing the basis for a more positive approach toward globalization.

UN has also approved the following documents: 

• Global Compact on Refugees: Approved on December 17, 2018

• Global Compact for sale, Orderly and Regular Migration: Approved by 164 nations on December 10, 2018, and endorsed by the UN General Assembly on December 19,2018

Migrants workers face many challenges, including: 

1. Discrimination- Migrants are often discriminated against in housing, education, health, work, or social security.

2. Poor living condition: Migrants can face harsh living condition, low wages and lack of safety nets. 

3. Unsafe working conditions: Migrants workers are often in temporary, informal, or unprotected jobs, which exposes them to a greater risk of insecurity, layouts, and poor working conditions. 

4. Lack of social protection: Millions of migrants workers, refugees, and their families face legal and practical challenges to access social protection. 

Other challenges include: Marginalization, Xenophobia, Exploitation, Expulsion, Risk to life, Trafficking. 

The United Nations works to ensure the orderly and humane management of migration. The IOM provides humanitarian assistance to migrants in need , including refugees and internally displaced people. 

 Social security is a human right that protects against life risks and social needs. The Unorganized Workers’ Social Security Act of 2008 mandates that district administrations register unorganized workers and issue them unorganized workers and issue them identity cards. The act also calls for the establishment of workers facilitation centers to provide information and access to schemes.

 Unorganized Workers Social Security Act, 2008-

 The Act defines unorganized workers as those who work in the informal sector or households, without any regular employment or social security benefits.

The Act empowers the Central Government and the State Governments to frame schemes for providing various social security benefits to unorganized workers, such as life and disability cover, health and maternity benefits, old age protection, education, housing, etc.

The Act also provides for the constitution of a National Social Security Board and State Social Security Boards for unorganized workers, which will advise and monitor the implementation of the schemes.

The Act mandates the registration of unorganized workers by the District Administration and the issuance of identity cards to them.

The Act also envisages the establishment of workers facilitation centers to provide information and facilitate access to the schemes.