Getting a 90 days work certificate for Naka workers/Construction workers in Maharashtra is one of the major hurdle towards getting recognition as a construction/naka workers. But KSSS treasurer Akhilesh Rao’s relentless efforts and dedication made it possible for 10 naka workers from his area Ambujwadi to get recognition. It is a big day for Kamgar Sanrakshan Sammaan Sangh (KSSS) as it is the result of months of follow up with the government at different levels. KSSS would continue in this direction to ensure that every eligible naka/contruction worker in Mumbai gets registered.
Workers holding their 90 days certificate
Who are a Naka /Construction Workers
Naka/construction workers work on the basis of a daily wage at construction sites. The Maharashtra Building and Other Construction Workers Board (MBoCW) has a very broad definition for construction workers which include masons, electricians, painters, carpenters, workers doing tiling work, welders or anything to do with construction projects in Maharashtra qualify as a construction worker. In this way, a large number of workers working on a daily wage basis in Maharashtra can be covered under this definition.
What does Maharashtra Building and Other Construction Workers Board (MBoCW) do?
The Maharashtra government under the”THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996″ constituted a welfare board by the name Maharashtra Building and Other Construction Workers Board (MBoCW) with the objective to provide social protection to millions of informal sector workers engaged in the construction industry who otherwise have a very insecure life due to lack of regular and adequate income and access to other social protection. Their insecurity is coupled by their acute poverty. The board is funded by every construction project that takes place in Maharashtra. A 1% cess is contributed towards Board’s exchequer from every construction project in Maharashtra. Today board has more than Rs. 11,000 cr. in its kitty and due to this it is able to provide more than 20 welfare schemes to its registered workers that cover health, education, insurance, housing and other financial assistance.
Problem
It has been extremely difficult for the naka/construction workers to register themselves in the board due to difficult criteria to prove themselves as Naka workers. The board require from naka workers proof of a 90 days work in a years time in order to register themselves under the Board. Given the informal nature of work, there is no documentation of their work for whoever hires them. Many a times work is subcontracted and the construction workers are picked up by the unregistered contractor. Many a time naka workers are picked by individuals who need small repair work done in their homes, so, this makes it extremely difficult for them to obtain 90 days certificate from authorities which does not acknowledge huge informality in this sector. So, the money collected by the Board in the name of naka/construction workers does not reach the worker.
KSSS Intervention
KSSS highlighted this issue before the larger collective of workers organisation. Responding to it a delegation was constituted by Working People’s Charter (WPC) to resolve the issue with the board. Delegation comprised of 1) Chandan Kumar, WPC, 2)Shweta Damle ,HALWA, 3) Adv. Vinod Shetty (ACORN India), 4) Amrita Paradkar, Ajeevika Bureau, 5) Raju Vanjare, YUVA, 6) Bilal Khan, KSSS. Continued meetings, follow-ups and multiple proposals to the board resulted in the relaxation of conditions laid down by the board to prove 90 days of work. Finally, in November 2021 the board removed the mandatory requirement for a registered contractor to approve the 90 days certificate and gave authority to the municipal corporation and other local bodies to provide 90 days certificate following due diligence at their own level.
Outcomes
Despite getting maximum cess contribution from Mumbai, the Board has the least number of workers registered from Mumbai. Only 5000 workers registered till date since the inception of the board. The low rate of registered workers was due to the difficult condtion put by the Board in past but due to the recent relaxation because of the joint intervention of WPC and KSSS, it is expected the rate of registeration will go up expenetially.
The migrant workers crisis during COVID-19 lockdow has a lot to do with the lack of information in the system about the informal sector workers. With these kind of registration drive, it will not only help government to provide relief to poor workers at time of crisis but it will also become possible for the workers to hold the government accountable.
