BENGALURU: The state government recently introduced several bills to provide social welfare benefits to various worker groups, but they should be revised and made user-friendly, said a team of experts from the National Law School of India University (NLSIU), Bengaluru.
The Karnataka Platform-Based Gig Workers -- Social Security and Welfare Bill, 2024, targeting gig and platform workers, and the Karnataka Cine and Cultural Activists -- Welfare Bill, 2024, aimed at cine and cultural workers, propose creating a fund, financed through earmarked measures, to support welfare benefits for these workers.
But Prof Babu Mathew from NLSIU and his team, consisting of Prof Ashrita Kotha and Dr Madhulika, said, “While the bills represent a step in the right direction, they need revisions to clearly outline welfare benefits, establish a robust fund management framework and ensure regular reviews. These improvements will assure workers of social security, build credibility for this welfare model and encourage voluntary compliance from companies.’’
They said, “Using earmarked measures to fund labour welfare is not new, as seen in past legislation like the Beedi Workers Welfare Cess Act of 1976, which provided social security for beedi workers. Earmarking has also been used for initiatives like the Swachh Bharat Cess for cleanliness drives.”
They said, “While these bills aim to improve workers’ lives through redistributive welfare measures, they contain several shortcomings that could hinder workers’ access to these benefits. Specifically, the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024, lacks a clear accountability framework for fund usage.’’
They said, “Historically, cesses have faced issues with poor administration. For instance, under the Building and Other Construction Workers (BOCW) Welfare Cess Act, 1996, only a small fraction of the collected funds was used for the intended welfare of construction workers, with significant funds being diverted for other purposes, including during the Covid-19 period.’’
They said, “To ensure accountability in labour welfare legislation using earmarked funds, it is essential to define the earmarked purpose clearly, which the Karnataka Bill fails to do. Unlike older legislation, the Karnataka Bill does not explicitly list specific welfare benefits for workers, instead using vague language about social security schemes. The bill also lacks detailed guidance on fund management, allocation for administrative expenses, and a timeline for implementation.’’
They said, “Moreover, the bill does not mandate regular reviews of the collected funds versus their utilisation, risking the continuation of ineffective measures. A robust legislative framework for fund management and accountability is necessary to ensure the legislation’s success.’’