Abstract:
The research sought to study the labour relations at work and analyse the legal framework
for the protection of migrant workers in the construction industry. It involved an exploratory study done at a real estate construction site. The attempt here is to not generalise and abstract observations but to critically appreciate the findings. It was found that the strategy of Capital accumulation adopted by the builders deprive workers of their basic rights. This aggravates their existing precarious condition and vulnerabilities. Though the literature suggests a boom in the construction industry in the last two decades it is observed that the dividends of such drastic growth has not funnelled to the workers. Various reasons are attributed to the distress migration exhibited by the workers, of which the lackadaisical approach shown by the administration is highlighted as the most important. Other factors include lack of legal awareness and the vicious informal economy - poverty trap which leaves the workers with absolutely no alternative. The fact that a parallel site exists in the same ecosystem which implements all the legal provisions makes me question the existing model of development. A nuanced analysis reveals that it is the subsistence ethic which does not allow the workers to protest or take collective action. This fact is exploited by the labour contractors who are at the front end of all transactions ranging from the ambiguous wage agreement to leave notice. The positive intent of legal design being conducive to providing decent conditions at work (defined by International Labour Organisation) completely fail during their application on the site. It was also noted
that the safety, social security and welfare provisions in the Act1 are very exhaustive. The
future course of action identified here can be effective utitlisation of the cess funds, increased coverage through registration drives, ensuring portability of rights and
strengthening of labour institutions.
