‘a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work.’
Building worker is defined in Section 2(e) of the BOCW Act as The BOCW Act stipulates health, safety and welfare measures applicable to building workers. The object of the BOCW Act as well as its framework is analogous to other labor law legislations, but in particular, the BOCW Act is similar to the Factories Act, 1948.Ĭonflict of BOCW Act and the Factories Act, 1948 The ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth. “An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.” The preamble of the BOCW Act explicates the said purpose: The BOCW Act is a social welfare legislation that aims to benefit workers engaged in building and construction activities across the country. To address such inhuman working conditions and poor health and safety standards in the real estate industry, the Government of India enacted the Building and Other Constructions Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter referred to as the “BOCW Act”). The sector is labor intensive and most of the laborers are unskilled, unorganized and hence tend to work under inhuman and pitiful conditions. There are more than 28 million skilled and unskilled workers engaged in the construction sector in India.
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