Section 36: Registration of Building and Construction Workers

Overview

Section 36 of the Code on Social Security, 2020, deals with the registration process for building and construction workers, enabling them to access various welfare schemes designed to protect their social security. These schemes include health insurance, accident compensation, maternity benefits, and pension plans administered by the respective Welfare Boards established under the Code. This section focuses on ensuring easy access to these benefits, particularly for migrant workers.

Who is Covered?

• This section covers all building and construction workers engaged in any construction activity, irrespective of their employment status (e.g., direct employees, contract workers, self-employed).
• There are no specific eligibility conditions related to length of service or wage limits explicitly stated in Section 36 itself. Eligibility for *specific* benefits under the Welfare Boards may have separate criteria, but the registration process under this section is open to all qualifying workers.

Benefits and Contributions

• Benefits for the Employee: Registered workers become eligible for benefits such as health insurance, accident compensation, maternity benefits, financial assistance for children’s education, and pension schemes. The specific benefits and their amounts are determined by the respective Welfare Boards.
• Contribution Responsibilities: The Code outlines that employers of establishments employing ten or more workers are responsible for funding these schemes through contributions. The exact contribution rates are determined by the Central Government in consultation with the respective State Governments. Workers may also be required to contribute a nominal amount towards certain schemes. The government also contributes to these welfare funds.

Procedure and Compliance

Section 36 mandates a digital registration process. Here’s a simplified breakdown:

1. Registration: Workers can register online through a designated portal maintained by the Welfare Board.
2. Aadhaar Verification: Registration requires Aadhaar-linked verification to ensure authenticity and prevent duplication.
3. Documentation: Workers will likely need to provide basic details like name, address, contact information, and details of their construction work.
4. Renewal: Registration needs to be periodically renewed to maintain eligibility for benefits.
5. Portability: A key feature is portability – workers can access benefits regardless of their location or employer, as the registration is valid across states.

Practical Examples

• Example 1: Ram, a migrant construction worker from Bihar, registers on the online portal using his Aadhaar card while working on a project in Mumbai. He is then eligible for health insurance and accident compensation provided by the Maharashtra Building and Other Construction Workers Welfare Board.
• Example 2: A construction company employing 15 workers fails to register its workers under Section 36 and does not contribute to the Welfare Board. This constitutes non-compliance and can lead to penalties and legal action as prescribed under the Code.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.