For verification of this paper, please visit on http://www.socialresearchfoundation.com/researchtimes.php#8

Women play an important role in the development of human society. From time immemorial women have been working – working everywhereat home, in fields, factories and many other workplaces. However, women as a distinct segment of workers emerged and got recognition only with the emergence of industrial production. Agra are the most important district of Uttar Pradesh. Within the district, there are various industries in which majority of women are engaged. Some women workers are engaged in construction industries.But unfortunately, the conditions of women workers in these industries are not satisfactory. Although there is an organised machinery which envisages the protection of women workers under the provisions of law yet employers have been exploiting them and women workers are subjected to discrimination and harassment.A survey is conducted in Agra construction industries to examine the applicability of various labour laws on socio-legal status of women workersand to see how far and to what extent they are being observed by these industries.

1. To know condition of women construction workers in Agra. 2. What extent Labour Laws applicable in these industries. 3. How Labour Laws may be effective and result oriented.

There are many studies in India and abroad on construction workers and about economics and social conditions in construction sector. This review of literature aims to show the need for the study of applicability of labour laws on women construction workers in Agra because no study has been done on this area.

Ghothoskar, (2003), points out that construction work is the product of a combination of historical, economic and social factors and processes, which may change with time and circumstances. It is argued that women are found to be not over represented in the construction sector due the flexibilities of work. Much employment in this sector is based on the “male bread winner” model, which does not give adequate space or freedom to women who also have other domestic responsibilities. The employer’s to ensure more work for less pay exploits this situation.

Silvia M. D. Mendoncae Noronha (2005) : In his thesis of ‘Migrant Construction Workers in Goa’, writes that, a significant proportion of the total migrant labour in Goa comprises construction workers from other states who came in large numbers following the construction boom in Goa in the eighties. Goa depends heavily on migrants workers for its construction activity. This paper seeks to examine the socio-economic characteristics of these workers. The causal factors (push and pull factors) leading to migration of these workers in Goa and the impact of the Goan economy. [1]

In a study conducted by SEWA in Ahmedabad in Gujarat, 10% of the women were employed as semi- skilled workers and despite this these women were more often paid the same wages as unskilled female workers (Baruah, 2010). [2] K. Narindar Jetli (Ed., 2011) in the book, ‘India : Manpower, Employment Policy and Labour Welfare 1947 to 2007’ mentions that construction is one of the most labour intensive sector. Also, their exists large unmet demand for housing in both rural and urban areas. The National Building Organisation the urban housing shortage at 8.23 million units in 1991. Similarly in rural areas too there are such shortages. A boost to this sector is necessary to meet the housing demand, which constitute one of the basic necessities. In the process significant employment opportunities can be generated at different skill level, though largely for unskilled labour. [3]

Socio-Economic Profile of Women Workers

This part of the chapter presents the comprehensive information about the socio-economic profile of the women workers in the construction industry of Agra covering aspects relating to their age, educational profile, religion, caste, marital status, size of family, economic status, nature of job, nature of work performed, place of work, wage payment system. A study of awareness about law and sexual harassment at the work place has also been conducted.

Construction Industry

There is an exploratory survey of 100 women construction workers, selected from 5 major construction sites in various parts of Agra. These 5 construction sites provided employment opportunities to a significantly number of women workers.

1.Age

Table 1

Age-wise Distribution of Women Workers

S. No.	Age (in years)	No. of Women Workers	Percentage
1.	18-20	20	20
2.	21-25	30	30
3.	26-30	30	30
4.	31-35	13	13
5.	36-40	7	7
6.	41-45	0	0
7.	46-50	0	0
	Total	100	100

Source: Field Study.

It is observed that in the sample collected by researcher revealed that 20 workers were in age group of 18-20, 30 were in the age group of 21-25, 30 were in the age group of 26-30, 13 were in the age group of 31-35 and 7 were in the age group of 36-40. It is evident that 80% of the women workers were in the age group of 18 to 30 years.

2.Educational Profile

Table 2

Educational Profile of the Workers

S. No.	Educational Level	No. of Women Workers	Percentage
1.	Illiterate	35	35
2.	Primary	40	40
3.	Jr. High School	25	25
4.	High School	0	0
5.	Intermediate	0	0
6.	Graduate	0	0
	Total	100	100

Source: Field Study.

Table2 reveals that the educational status of 35% respondents was up to the primary level. 40% respondents were illiterate. 25% have studied up to Jr. High School level. No women workers had acquired education above the High School.

3.Religion

Table 3

Religion of Women Workers

S. No.	Religion	No. of Women Workers	Percentage
1.	Hindu	58	58
2.	Muslim	42	42
	Total	100	100

Source: Field Study. 

The study revealed that 58% of women construction workers in the sample belong to Hindu religion. Only 42% belong to Muslim religion.

4.Size of Family

Table 4

Size of Family of Women Workers

S. No.	Size of family	No. of Women Workers	Percentage
1.	Large	60	60
2.	Small	40	40
	Total	100	100

Source: Field Study.

The foregoing Table reveals that 40% of the construction women workers belonged to small families, and 60% belonged to large families.

5.Economic Status

Table 5

Economic Status of Women Workers

S. No.	Economic status	No. of Women Workers	Percentage
1.	Low	68	68
2.	Normal	32	32
	Total	100	100

Source: Field Study.

Table 5 shows that 68% of the women workers had low economic status, whereas 32% of the women workers had normal economic status. 

6.Nature of Job

Table 6

Nature of Job of Women Workers

S. No.	Nature of job	No. of Women Workers	Percentage
1.	Unskilled	100	100
2.	Semi-skilled	0	0
3.	Skilled	0	0
	Total	100	100

Source: Field Study.

Table 6 shows that 100% of the women workers in the sample belonged to unskilled category. No women workers belonged to semi-skilled and skilled category.

7.Wage Payment System

Table 7

Wage Payment System

S. No.	Wage Payment System	No. of Women Workers	Percentage
1.	Time rate basis	100	100
2.	Piece rate basis	0	0
	Total	100	100

Source: Field Study. 

Table 7 shows that all the women workers in selected construction site worked on the time rate basis. The reason is that supply of labour in the entire sample construction project under study was the responsibility of the main contractor, who was allowed to employ labour either directly or through sub-contractors or agents to maintain the required rate of progress. The wage rate fixed by the labour contractor with the builder and the rate the labour contractor fixes with the workers is not the same and it isconsidered as his commission and earning for his effort. All these, however taken place when jobs are done on time rate basis.

8.Awareness about Laws and Rights of Women Workers

Table 8

Awareness about Laws and Rights of Women Workers

S. No.	Awareness about laws and rights of women workers	No. of Women Workers	Percentage
1.	Yes	8	8
2.	No	92	92
	Total	100	100

Source: Field Study. 

Table8 shows that only 8% of women workers in the sample had awareness about laws. 92% of the women workers had no awareness about laws.

 An Empirical Assessment of Protective Measures for Women Workers  in  ConstructionIndustry in Agra

Various provisions have been made in the labour legislations for the protection and welfare of women workers. Effectiveness of the labour legislations lies in their effective implementation by the owner of the industries. Thus, the object of this part is to examine the applicability of various labour laws on socio-legal status of women workers in construction industry in Agra and to see how far and to what extent they are being observed by these industries.

Construction Industry

1.Coverage under the Act

Table 9

Coverage under the Act

S. No.	Act	Coverage under the Act
1.	The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996	Yes
2.	The Contract Labour (Regulation and Abolition) Act, 1970	Yes
3.	Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979	Yes
4.	Maternity Benefit Act, 1961	Yes
5.	The Employee’s State Insurance Act	No
6.	The Workmen’s Compensation Act, 1923	Yes
7.	The Minimum Wages Act, 1948	Yes
8.	The Payment of Wages Act, 1936	Yes
9.	The Equal Remuneration Act, 1976	Yes

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 applies to every establishment which employs, or had employed on any day of preceding twelve months, ten or more building workers in any building or other construction work. This Act is applicable to all the 5 construction sites selected for study in Agra. Mostly workers in selected construction sites were recruited through contractor. Many workers were migrated from another state to work in these construction sites. Thus these construction sites were covered by the Contract Labour (Regulation and Abolition) Act, 1970 and the Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979. Construction workers do not get benefit under the Employees’ State Insurance Act, 1948 because construction work is seasonal but are covered by the Workmen Compensation Act, 1923 and Maternity Benefits Act, 1961. Beside this, The Minimum Wage Act, 1948, The Payment of Wages Act, 1936, The Equal Remuneration Act, 1976,  are also applicable to these construction sites.

2.Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

(i)Availability of Various Welfare Facilities

Table 10

Availability of Various Welfare Facilities

S. No.	Name of the facility	Applicable in construction sites	Available in construction sites	Percentage
1.	Crèche	4	0	0
2.	First aid	5	4	80
3.	Canteens	3	1	33.3

Section 35 of the Act provides that crèches are provided in every place wherein more than fifty female building workers are ordinarily employed. This provision is applicable in 4 construction sites out of 5 construction site. No facility of crèches was provided by employer to women workers. There was clear violation of Section 35 of the Act. Section 36 provides that every employer shall provide in all the places where building or other construction work is carried on such first aid facilities as may be prescribed. This provision is applicable in all construction sites, but 80% construction sites implemented this provision, Section 37 provides that the employer will provide in every place wherein not less than two hundred and fifty building workers are ordinarily employed, a canteen for use of workers. This provision is applicable in 3 construction sites in which only 33.3% construction site applied this provision. 

(ii)Arrangements for Health Measures

Table 11

Arrangements for Health Measures

S. No.	Name of the facility	Arrangement made in construction site	Percentage
1.	Drinking water	5	100
2.	Latrine and urinals	2	40
3.	Proper and adequate lighting	4	80

Source: Field Study.

During the survey it was found that in all construction sites the facilities for drinking water was provided. Thus there was no violation of Section 32 of the Act.[1] 40% construction sites had facilities for latrines and urinals, so Section 33 of the Act[2] was complied with only to the extent of 40%. In 80% construction sites arrangements for proper and adequate lighting was made.

(iii)Working Hours Per Day

Table 12

Distribution of the Workers by Working Hours Per Day

S. No.	Hours per day	Respondents	Percentage
1.	8 hrs	25	25
2.	9 hrs	35	35
3.	10 hrs	40	40
4.	Upto 11 hrs	0	0
5.	Upto 14 hrs	0	0
6.	Upto 16 hrs	0	0
	Total	100	100

Section 28(a) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 provides that Government has been empowered to fix the number of hours of work for a building worker. While a maximum of 9 hours in a day and 48 hours in a week were the general rule in all the five construction sites under study, yet on all the five construction sites, the period of actual work was found invariably exceeding 9 hour a day and 48 hours a week. The analysis of the above table shows that 40% respondents worked for more than 9 hours a day, 35 respondents worked for 9 hours a day and 25% respondents worked for 8 hours a day.

3.The Minimum Wages Act 1948

(i)Pattern of Actual Payment of Category-wise Wages of the Respondents

Table 13

Category-wise Actual payment

S. No.	Category	Notified minimum wages	Respondents	Respondents getting NMW	Percentage
1.	Unskilled	9,184	100	0	100
2.	Semi-skilled	10,102.29	0	0	0
3.	Skilled	11,316.16	0	0	0

The Act has been enacted for fixing minimum rates of wages for the workers of certain establishments. It is very unfortunate that all the respondents in selected construction sites were paid less than notified minimum wages.

(ii)Wages Paid in Cash / Kind

Table 14

Wages Paid in Cash/Kind

S. No.	Wages paid in cash/kind	Respondents		Percentage
		Yes	No	Yes	No
1.	Wages paid in cash	100	0	100	0
2.	Wages paid in kind	0	50	0	100

The above tableshows that 100% women employee were getting wages in cash. Thus, there was no violation of Section-11(1) of the Act.[3]

4.Payment of Wages Act, 1986

(i)Wages Paid on Time

Table 15

Wages Paid on Time

Wages paid on time	Respondents	Percentage
Yes	78	78
No	22	22
Total	100	100

Table 15 indicates that 78% respondents were getting wages on time. Thus Section 5 of the Payment of wages Act[4] was complied to the extent of 78%.

(ii)Unauthorised Deductions

Table 16

Unauthorised Deductions

S. No.	Any unauthorised deductions has been made from the wages by the employer	Respondents	Percentage
1.	Yes	100	100
2.	No	0	0
	Total	100	100

Table 16 shows that 100% respondents said that unauthorised deductions had been made by the contractors / subcontractors from their wages. This was clear violation of section 7 of the Payment of Wages Act, 1936.[5]

5.Equal Remuneration Act, 1976

(i)Equal Wages for Equal Work

Table 17

Equal Wages for Equal Work

S. No.	Equal wages for equal work	Respondents	Percentage
1.	Yes	0	0
2.	No	100	100

In all the selected construction sites, there was discrimination in wages with regards to sex of workers. Table 17 clearly shows that Section 4 of the Act[6] was not implemented in these construction sites.

6.The Workmen’s Compensation Act, 1923

(i)Compensation for Employment Injury

Table 18

Compensation for Employment Injury

S. No.	Compensation for employment injury	Respondents	Percentage
1.	Yes	88	88
2.	No	12	12

In the sample the 12% respondents said that no compensation was provided by employer for employment injury, whereas 88% respondents said that in case of minor accidents respondents generally bore the expenses and in major accidents responsibilities fell on the employer. Thus Section 3 of the Act was implemented to some extent.[7]

7.Maternity Benefit Act, 1961

(i)Coverage of Respondents for Maternity Benefit

Table 19

Coverage of Respondents for Maternity Benefit

S. No.	Coverage of respondents for maternity benefit	Respondents		Percentage
		Yes	No	Yes	No
1.	Are you covered under the Act for Maternity Benefit	90	0	100	0

Note: In case of remaining 10 women workers this provision is not applicable because they are widow divorcee, or unmarried.

Table 19 shows that all the women employee were covered under the Act for maternity because they fulfill the criteria laid down by the Section 5(2) of the Act.[8]

(ii)Maternity Benefit

Table 20

Maternity Benefit

S. No.	Maternity benefit provided to women employee according to law	Respondents	Percentage
1.	Yes	0	0
2.	No	90	100

Table 20 shows that no women employee received the maternity benefit according to law.

(iii)Medical Bonus

Table 21

Medical Bonus

S. No.	Medical bonus is provided by employer	Respondents	Percentage
1.	Yes	0	0
2.	No	90	100

Table 21 shows that no women employee received medical bonus from her employer. Thus there was clear violation of Section 8 of the Act.[9]

(iv)Leave
Table 22
Leave

S. No.	Leave	Respondents		Percentage
		Yes	No	Yes	No
1.	Leave for miscarriage etc. and illness	0	90	0	100
2.	Leave for tubectomy operation	0	90	0	100
3.	Leave for illness	0	90	0	100

Table 22 clearly shows these leaves were not provided by the employer to women employees. There was clear violation of Section 9, 9A and 10 of the Act.[10]

(v)Nursing Breaks

Table 23

Nursing Breaks

S. No.	Nursing Breaks	Respondents	Percentage
1.	Yes	90	100
2.	No	0	0

Table 23 shows that Section 11 of the Act[11] was implemented to the extent of 100%

8.The Contract Labour (Regulation and Abolition) Act, 1970

(i)Licence

Table 24

Licence

Contractor has a licence to recruit respondents	Field study
	During the survey it was found that mostly contractor had no licence to recruit respondents

According to this Act no contractor can engage contract labour without obtaining a licence. During the survey it was found that mostly contractor had no licence to recruit respondents. Thus, there was violation of Section 12 of the Act.[12] 

9.The Inter-state Migrant Workmen (Regulation of Employment and Conditions of service) Act, 1979

(i)Licence

Table 25

Licence

Contractor has a licence to recruit respondents	Field study
	During the survey it was found that mostly contractor has no licence to recruit respondents

In the sample of women workers 50 women workers were migrant-workers. These workers were recruited through the intermediaries; none of these intermediaries also had any licence as is required by the Act. Thus, there was clear violation of Section 8 of the Act.[13]

(ii)Displacement Allowance

Table 26

Displacement Allowance

S. No.	Contractor paid the displacement allowance to respondents	Respondents	Percentage
1.	Yes	0	0
2.	No	50	100

Note: In the sample only 50 women workers were migrant workers.

Table 25 shows that no respondents had paid displacement allowance, thus there was clear violation of Section 14 of the Act.[14]

(iii)Journey Allowance

Table 27

S. No.	The contractor paid the journey allowance to the respondents	Respondents	Percentage
1.	Yes	0	0
2.	No	50	100

Table 26 indicates that no women worker had received journey allowance, thus there was violation of Section 15 of the Act.[15]

From the foregoing discussion it is clear that the working and living conditions of majority of women workers in construction industry are not satisfactory and they do not receive the benefits provided under different labour legislations. In Construction sites of Agra, majority of women workers were Hinduand, in the age,-group of 18 to 40 years. 35% women were illiterate, 40% had studied upto primary level and 25% had studied upto Jr. High School. 60% women had large families and 40% had small families. 68% women had low economic status. Almost all the women employees worked on time rate basis and performed the job of unskilled category. The Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 is a special legislation, which apply to these construction sites in Agra, which is selected by the researcher. Beside this, all the labour legislations are applicable to the construction sites except Employees’ State Insurance Act, 1948 and the Factories Act, 1948. Despite the fact that many labour legislations have been made applicable to these construction sites, the working conditions of women workers engaged in these construction sites were highly unsatisfactory and the welfare amenities actually available to them are just negligible. Creches facility was not provided by employer to respondents. First aid appliances were provided in 80% construction sites and 33.3% construction site had canteen facility. 40% construction site had latrine and urinals facilities. Arrangement for drinking water and lighting had been made by the employer in these construction sites. All the respondents in construction sites were paid less than notified minimum wages. Mostly women got the wages on time, but unauthorised deductions had been made by the contractor / subcontractor from their wages. There was discrimination in the amount of wages relating to sex of workers. 88% respondents said that in case of minor accidents respondents generally bear the expenses and in major accidents responsibilities fall on the employer. Maternity Benefit, medical bonus and leave were not provided by employer to the respondents. Contractor was not having licence to recruit respondents. Displacement allowance and journey allowance were not given by employer to migrant women workers. It was observed that only some provisions of Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, Payment of Wages Act 1936 and Workmen Compensation Act 1923 were implemented in these construction sites, while other labour legislations had been violated in these construction sites. In Agra, it was found by the researcher that there are many problems and obstacles in effective implementation of various provisions of labour legislations. These problems and obstacles are as follows: 1. Lack of awareness amongst women workers about their trade unions and about their rights under the labour laws. 2. Ineffective institutions 3. Improper attention of the government towards the development of the responsible institutions. 4. The inspectors appointed under different labour laws are not well qualified for the job for which they have been appointed. 5. Paucity of hands of the implementation machiner In Agra Researcher has observed above problems and obstacles in effective implementation of various provisions of labour legislation. For this disease, Researcher has suggested the steps which may be taken for making the labour legislations effective and result oriented which are as follows: 1. To make labour legislations result oriented, infrastructural facilities need to be provided and strengthened. 2. Employees in general and women employees in particular should be organised and endeavour to get their demands fulfilled. While pursuing their demands the trade unions should behave in an orderly manner. 3. At the level of three wings of the Government i.e., Legislature, Executive and Judiciary there should be coordinate cooperation in the efforts made for the proper implementation of labour legislations.

1. http://shod.inflibnet.ac.in 2. Gogoi Himadri, A Study on the Conditions of Women Construction Workers in Guwahati, International Journal of Research and Innovation in Social Science (IJRISS) |Volume IV, Issue XI, November 2020. 3. Supra Note 1

1. Information is collected from Office of Deputy Labour Commissioner , Agra.
2. Section 32 of the Building and Other Construction workers Act, 1996 provides that the employer shall make in every place where building or other construction work is in progress, effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water.
3. Section 33 of the Act Provides that in every place where building or other construction work is carried on the employer shall provide sufficient latrine and urinal accommodation of such types may be prescribed and they shall be so conveniently situated as may be accessible to the building workers at all times while they are in such place.
4. Section 11(1) of the Minimum Wages Act, 1948 provides that minimum wages payable under this Act shall be paid in cash.
5. Section 5 of the Payment of Wages Act provides that every employer should make timely payment of wages.
6. Section 7 of the Payment of Wages Act, 1936 provides that the employer should not make any unauthorised deductions from wages other than which is permissible under the Act. Under this section deductions for fine, absence from duty, damage or loss of goods or money, house accommodation, recovery of Advances, recovery of loans, subscription to Provident Fund has been made by the employer.
7. Section 4 of the Equal Remuneration Act, 1976 provides that the employer should pay equal wages to men and women employers of his establishment, for performing same work or work of similar nature.
8. Section 3 of the Act provides that if personal injury is caused to a workmen by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provision of this Act.
9. Section 5(2) of the Maternity Act, 1961 provides that every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery is entitled to maternity benefit
10. Section 8 of the Act provided that every women entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus, if no pre-natal confinement and post natal care is provided for by the employer free of charge.
11. Section 9, 9A and 10 of Maternity Benefit Act, 1961 provides leave for miscarriage etc, Leave for Tubectomy Operation and Leave for illness.
12. Section 11 provides that every women who returns to duty after delivery of child, shall in addition to the interval of rest allowed to her, be allowed in the course of her daily work, two breaks of 15 minutes duration each for nursing the child until the child attains the age of 15 months.
13. Section 12 of the Contract Labour Act, 1970 provides that no contractor, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the Licensing Officer.
14. Section 8 of the Act lay down that no contractor shall recruit any person unless he has a license to do so.
15. Section 14 of the Inter-State Migrant Workmen Act, 1979 provides that the contractor shall pay to every inter-state migrant workman at the time of recruitment, a displacement allowance equal to 50% of the monthly wages payable to him or Rs. 75/- whichever is higher.
16. Section 15 of the Act provides that the contractor shall pay to every inter-state migrant workman a journey allowance of a sum not less than the fare from the place of residence of the workmen in his state to the place of work in the other state, both for the outward and return journeys, and such workman shall be entitled to payment of wages during the period of such journey as if he were on duty.