PART – A PART – A
1.
1. Broad Broad SubjectSubject: Cond: Conditionitions of s of labourlabourers iers in constn constructiruction siton siteses
2.
2. Area of SpeciaArea of Specializatlization: Condiion: Conditions of labotions of labourers in consurers in constructtruction sites wiion sites with special emth special emphasis tophasis to women, children and migrant worers
women, children and migrant worers
!.
!. "u"uraratition: on: ! we! wees es #2#2$ da$ da%s%s
&.
&. A. A. 'ri'rincincipal pal (n)(n)estestigaigatortor::
i.
i. *a*amme: e: "r"r. . AAninita ta +a+aoo
i
ii.i. SeSe: : -e-emmalalee
iii
iii.. "at"ate of e of BirBirth:th:
i)
i).. uaualiflificaicatiotion:n:
) ).. "e"esisigngnatatioion:n: )i )i.. AdAddrdresess:s: /ffice: +esidence: /ffice: +esidence: 0.
0. -acult% uide-acult% uide
i3
i3 *ame: *ame: 4iss4iss. Sid. Siddhi Sdhi Shajihaji
ii3Se:
ii3Se: -emal-emalee
iiiiii33 ""atate e oof f BBiirrtth:h:
)ii.
)iii. "esignation: Assistant 'rofessor
i. Address: /ffice: +esidence:
0. *ame of the (nstitution where the project will be undertaen:
a3 "epartment : B.A.B56/*S3
b3College78ni)ersit% : SA9;6A SC6//5 /- 5A<, SA9;6A 8*(9+S(;=
>. <hether the College78ni)ersit% is appro)ed under Section 2 f3 and 12 B of the 8C Act?
=es7*o
@. ;eaching and +esearch perience of 'rincipal (n)estigator :
a3 ;eaching eperience: 8 =ears
' =ears
b3+esearch eperience:
c3 <hether the project has been appro)ed b% the 8ni)ersit% for the doctoral degree ? (f so, please indicate :
i. "ate of +egistration :
iii. *ame of the 8ni)ersit% where registered :
d3 (n case the teacher holds a doctoral degree : a ;itle of the thesis :
b =ear of the award of degree: c *ame of the 8ni)ersit% :
e3 'ublication:
'apers 'ublished : Accepted : Communicated :
Boos 'ublished : Accepted : Communicated :
'lease enclose the list of papers and boos published and7or accepted during last fi)e %ears 3
PART – B
Proposed Research Work 8. PROJECT TITLE
Conditions of labourers in construction sites with special emphasis to women, children and migrant worers
INTRODUCTION
(ndia witnesses a sustained growth in Construction business because of rapid growth of modernization and industrialization. )en small towns and cities are urbanized toda% and this has led to faster pace de)elopment in construction sectors. ;he construction sector pa)es wa% for infrastructure de)elopment including roads, railwa%s, ports, airports, electricit%, oil gas pipelines etc., economic growth b% contributing for "' and acts as a major emplo%ment pro)ider which concerns po)ert% alle)iation among the masses. According to the report of (nternational labour organization in 2$$@ the construction industr% contributes the second largest emplo%ment pro)ider after agriculture and generall% a primar% one in urban areas. (n (ndia, construction worers form the countr%s third largest emplo%ee base and fall in the unorganized or informal sector. ;he growth in construction (ndustr% has necessitated in the enactment of se)eral welfare legislations in the protection of labour forces across the countr%. Such legislations aim to pre)ent the emplo%ers from taing unfair ad)antage against the labour forces, possible eploitations of labourers, child labour and bonded labour prohibition, and pro)iding for pa%ment of minimum wages, fiation of woring hours, pro)ision for basic facilities, safet% measures in
a)oiding accidents and other welfare measures to be taen b% the emplo%er. (n the present da% it has been found that there are per)asi)e )iolations of core worplace laws in almost e)er% construction site.
<orers are being paid less than the minimum wage and are not recei)ing o)ertime pa%. ;he% are woring round the cloc without pa%, and not getting meal breas at the right time resulting )arious health related problems to the worers. <hen injured, the% are not recei)ing due compensation. <ith e)er increasing price of necessar% commodities, the issue of minimum wage is a serious one. ;here is discrimination in the pa%ment of wages among men and women and this is also found between the migrant worers and the nati)es. mplo%ers are mostl% hiring the da% laborers and these worers are letting their emplo%ers to )iolate their rights because of their status as temporar% worers. ;his paper aims to gi)e an idea about the pro)isions of labor law that are reuired to be complied with in an% construction sector, more specificall% associated with buildings lie huge apartments and to highlight the possible )iolations of labor law in these construction sites and to la% a special emphasis upon the
)ulnerable groups of societ% such as children, women and migrant worers.
ORIGIN OF TE RE!EARC PROBLE"
;he intended project has its roots from our earlier discussions with the labourers woring in )arious construction sites at Chennai. (t was during our first )isit there as an undergraduate stud%ing labour law
at the Sa)eetha School of law, Sa)eetha 8ni)ersit% that the real woring conditions of these labourers first captured our interest. (t was then that we decided to find an answer b% stud%ing the labourers emplo%ed in the construction sites with an attempt to find out the problems faced b% these labourers. <e were more particularl% interested in this project when we came across women in great numbers wearing a towel rolled into a circular hat while the% carried hea)% loads, wored on the construction sites, bringing their children to their wor place and disentitling them the necessar% education.
RE#IEW OF RE!EARC AND DE#ELOP"ENT IN TE !UBJECT$
;he eisting literature on this research wor mainl% re)ol)es around the published wors of (ndian authors pertaining to the subject matter, well decided cases cited in the journal, and the articles published in the website and welfare legislations pertaining to the matter. ;he research is empirical and also in)ol)es data collection from fi)e different construction sites located in Chennai.
NATIONAL !TATU!
Construction Sector#4acro Aggregates in (ndia
4acro 9ariable 2$$>#$@ 2$$@#$D 2$$D#$E 2$$E#1$ 2$1$#11
1. GDP from
Construction (lakh crore)
2. Share of GDP (%) 3. Growth rate for
GDP in Construction (%) 2.85 8.0 10.3 3.15 8.1 10.7 3.33 8.0 5.4 3.56 7.9 7.0 3.85 7.9 8.1
Source: 6andboo of Statistics, +B( 2$1$F11
-orecasts for the maret size of construction industr% for the ;welfth -i)e %ear 'lan period indicate that that the aggregate output of the industr% during the period 2$12F1! to 2$1>F2$1@ is liel% to be 02.!1 lah crores increasing from @.>@ lah crores in 2$12F1! to 1!.0E lah crores in 2$1>F1@ 12th fi)e %ear
plan3.
!%rapa&' Pra(a)'k* !o%re)dra)a&h Chackra+ar& ,-/01 conducted a stud% on 2Pro+3e(s o4 Co)s&r%c&'o) Workers ') Wes& Be)5a3 Based o) Ne%&rosoph'c Co5)'&'6e "aps7 Aim of the stud% is
to stud% the problems faced b% construction worers in <est Bengal in order to find its solutions using neutrosophic cogniti)e maps, which is the generalization of fuzz% cogniti)e maps which found that the major problems faced b% the construction worers are woring for more number of hours, sta%ing awa% from home, bad habits, absence of social securit%, misunderstanding, arguments with partners, stress, sin problems, seual beha)ior G seual health problem, and ph%sical health problems.
INTERNATIONAL !TATU!
;his statistic gi)es a breadown of construction industr% growth rates in selected regions worldwide in 2$1!. (n the 8nited States, construction output increased b% &.0 percent in 2$1!. ;hat %ear, global construction output was estimated to be around @.0 trillion 8.S. dollars statista3.
2Base3')e s&%d o4 3a+o%r prac&'ces o) 3ar5e co)s&r%c&'o) s'&es ') &he U)'&ed Rep%+3'c o4 Ta)9a)'aH presented before (nternational 5abour /ffice, ene)a 2$$03. ;he main part of the research consists of a series of case studies of labour practices in ongoing construction projects in the roads and buildings subsectors. le)en projects were identified for stud%. ;he% are se)en ci)il engineering wors,
mostl% road construction projects, located around the countr% and four building engineering wors in the principal cit%, "ar es Salaam. All of the projects are in the public sector, in so far as a go)ernment ministr% or agenc% is the client for the project. ;en of the 11 projects are implemented b% international contractors, although ;anzanian firms are woring as subcontractors on fi)e of them. ;he stud%
concluded that (t is concluded that the legal framewor on labour practices in the construction industr% is generall% adeuate. 6owe)er, there is a serious lac of monitoring and enforcement. ;he go)ernment and its agencies ha)e been wea in monitoring labour practices on construction sites and enforcing the laws and regulations designed to protect the worers. At the same time, worers are generall% not aware of their rights and entitlements under the law and the contract.
:ar') "a&h'ese)* Tra)s3a&ed + Chr's !a%)ders ,-01 conducted a stud% on 2Work* ea3&h a)d L'6')5 Co)d'&'o)s 4or Co)s&r%c&'o) Workers o) Lar5e;!ca3e Co)s&r%c&'o) Pro<ec&s7 eclusi)el% on the situations of "enmar. Aim of the stud% is to eplore li)ing conditions for construction worers emplo%ed on the large#scale de)elopments seen in "enmar in the past twent% %ears or so. (t aimed especiall% on the establishing the impact on worers health and general welfare of the t%pe of life t%picall% associated with such projects: the strenuous wor, long hours and on#site housing in so#called construction camps.
!IGNIFICANCE OF TE !TUD=
I;his stud% will be a significant endea)or in promoting good wor en)ironment in the worplace between the emplo%ers and labourers of construction sites. ;his stud% is intended to underline the real
conditions of labour force in the growing construction industr%. B% understanding the needs of the students and benefits of ualit% education, these instructors and students be assured of a competiti)e ad)antage. 4oreo)er, this research will pro)ide recommendations on how to e)aluate the performance of a certain institution in accordance to human resources management.
4oreo)er, this stud% will be helpful to the retail industr% and business practitioners in training and informing them in the area of human resources management, objecti)es, and strategies. (t will also ser)e as a future reference for researchers on the subject of human resources and corporate companies. And importantl%, this research will educate clients in deciding on whether an industr% e.g. business industr% is reall% fulfilling its responsibilit% to the communit% or is just showing off to promote its business.J RE!EARC >UE!TION$
;he stress and strain in)ol)ed in woring on large#scale de)elopments eceed le)els in the building and construction sector on the whole
OBJECTI#E!
• ;o stud% the Socio#demographic profile of Construction worers.
• ;o stud% the woring conditions of women, children and migrant worers.
• ;o find out the )iolations of labour law and gi)e suggestions on the basis of the stud%.
"ETODOLOG=
;he stud% is an empirical research based on sur)e% method and based on primar% and secondar% data. -or undergoing this research uestionnaire sur)e% and ualitati)e inter)iew schedule is prepared separatel% for women, children and the migrant worers to stud% their conditions in comparison with other labourers.
Too3s o4 Da&a A)a3s's$ ;he data collected shall be anal%zed with the help of )arious tools and techniues to fulfil the research objecti)es. ;hese include 'ercentage Anal%sis and +aning.
RE!EARC PLAN$
"A;A C/55C;(/* '+/CSS:
'rimar% data is collected through empirical stud% and the secondar% source of information is collected for the purpose of comparati)e anal%sis with primar% data.
(*;*"" +S'/*"*;S:
<omen, children, migrant worers and other labourers woring in the construction sites are the intended respondents. ;his does not include the office staff, contractors, safet% officer or other e% managing personnel.
RE!EARC PROCE!!
;he following steps were needed to achie)e the objecti)es:
(dentification of ongoing ci)il engineering and building projects suitable for the stud%K "esign and preparation of uestionnaires for super)isors and worersK
Collection of information on current practices from the construction sites through inter)iews with contractors, super)isors and worersK
+e)iew of the legal and regulator% framewor on each of the issues of the stud%. ;he areas of legislation under re)iew include labour laws, social securit% regulations and occupational health and safet% regulations relating to the construction industr%K
+e)iew of the construction contracts used on the projects to see what rights and obligations are specified in contract clauses
Anal%sis of data collected from the field and comparison with regulator% reuirements
ACTION PLAN$
;he copies of the project report is intended to be placed before the 4inistr% of 5abour and mplo%ment, o)ernment of (ndia and Chief 5abour Commissioner central3.
LI"ITATION OF TE !TUD=$
;his research is done rel%ing mostl% on primar% data and secondar% sources such as articles and essa%s published b% authors online and few on boos written on the conditions of labourers in construction
sites. ;hough such boos are referred the% do not contribute to the bul of the research and m% research is mostl% confined with the online sources and primar% data. ;he area of research is onl% restrained to the labourers in construction sites more particularl%, the )ulnerable sections of societ% such as women, children and migrant worers.
LEGI!LATION! TO BE ANAL=!ED$
• (ndian Constitution
• Building G /ther Construction <orers +egulation of mplo%ment and Conditions of Ser)ices3
Act, 1EE>.
• Contract 5abour +egulation G Abolition3 Act, 1E@$ • mplo%ees 'ro)ident -und Act, 1E02
• mplo%ees State (nsurance Act, 1E&D • 'a%ment of ratuit% Act, 1E@2
• ;he Child 5abour 'rohibition G +egulation3 Act, 1ED> • ;he 4inimum <ages Act, 1E&D
• ;he <ormens Compensation Act 1E2!
• ;he (nter#State 4igrant <ormen +egulation of mplo%ment and Conditions of Ser)ice3 Act,
1E@E
o Con)ention C1>@ # Safet% and 6ealth in Construction Con)ention, 1EDD *o. 1>@3 o Con)ention C$2E # -orced 5abour Con)ention, 1E!$ *o. 2E3
o Con)ention C1D2 # <orst -orms of Child 5abour Con)ention, 1EEE *o. 1D23
o Con)ention C1&! # 4igrant <orers Supplementar% 'ro)isions3 Con)ention, 1E@0 *o. 1&!3 o Con)ention C10> Con)ention concerning ual /pportunities and ual ;reatment for
4en and <omen <orers: <orers with -amil% +esponsibilities, 1ED1
o Con)ention C1!1 # 4inimum <age -iing Con)ention, 1E@$
PLAN OF WOR: AND TARGET! TO BE ACIE#ED
;he research project is intended to be completed within a maimum of !$ da%s from the date of appro)al of the proposal.
;(4 C/*S;+A(*;S: 2$ da%s ;(4 -+A4 </+L:
'+/CSS ;(4 -+A4
'reparation of uestionnaires for super)isors and worers ! da%s Collection of information from the construction sites 0 da%s +e)iew of the legal and regulator% framewor on each of the issues of the
stud%
& da%s +e)iew of the construction contracts used on the projects ! da%s Anal%sis of data collected from the field F & da%s 0 da%s T'(e 3'('& - das
FINANCIAL A!!I!TANCE RE>UIRED
I&e( Es&'(a&ed E?pe)d'&%re
(. Boos and Mournals ₹ 0$$$
((. uipment, if needed :
Colour Nero, print outs, distribution of uestionnaire, ordinar% ero, bindings and stationar%
₹ &$$$
(((. -ield <or and ;ra)el ₹ 1$$$$
To&a3$₹ -@
1$. <hether the teacher has recei)ed support for the research project from the 8C under 4ajor, 4inor, scheme of support for research or from an% agen c%? (f so, please indicate:
i3 *ame of the agenc% from which the assistance was appro)ed
ii3 Sanction letter *o. and date under which the assistance was appro)ed
iii3 Amount appro)ed and utilized
i)3;itle of the project for which assistance was appro)ed
)3 (n case the project was completed, whether the wor on the project has been published
)i3(f the candidate was woring for the doctoral degree, whether the thesis was submitted and accepted b% the 8ni)ersit% for the award of degree.
A summar% of the report7thesis in about 1,$$$ words ma % please be attached with the application3
(f the project has not been completed, please state the reasons
11. a3 "etails of the project7scheme completed or ongoing with the '.(
Place visited Year
Started
Complete d
Total Equipment/Infrastructural facilities obtained
Construction site
!17D72$1 0
@7E72$10 1$ 'ermission to )isit the site and encouraged us to )isit more site b% gi)ing us /"
on dut%3
b3 (nstitutional and "epartmental facilities a)ailable for the proposed wor: uipment:
E. An% other information which the in)estigator ma% lie to gi)e in support of this proposal which ma% be helpful in e)aluating.
;o certif% that:
a. ;he 8ni)ersit%7 College is appro)ed under Section 2f3 and 12B3 of the 8C Act and is fit to recei)e grants from the 8C.
eneral ph%sical facilities, such as furniture7space etc., are a)ailable in the "epartment7College.
c. (7we shall abide b% the rules go)erning the scheme in case assistance is pro)ided to me7us from the 8C for the abo)e project.
d. (7we shall complete the project within the stipulated period. (f (7<e fail to do so and if the 8C is not satisfied with the progress of the research project, the Commission ma% terminate the project immediatel% and as for the refund of the amount recei)ed b% me7us.
e. ;he abo)e research 'roject is not funded b% an% other agenc%.
*ame G Signature
a3 'rincipal (n)estigator
b3 Co# (n)estigator i3
c3 +egistrar7'rincipal Signature with Seal3