Outsourced but not to be forgotten

Do contract employees working for the government have constitutional and legal rights concerning their service conditions? A recent judgement by Justice M G S Kamal of the Karnataka High Court, (reported in DH, August 16), addressed this issue. The judge criticised the Department of Agriculture for granting maternity leave to an contract employee working as an accountant at a Raitha Samparka Kendra in Huvinahadagali, Vijayanagar district, but not allowing her to rejoin duty after the leave expired. The government argued that since the employee was outsourced on an annual contract, there was no ‘employer-employee relationship.’ The court rejected this argument.

Justice M G S Kamal made the following pointed observations in his judgement: “Merely because the State has set up ‘outsourcing contracts,’ ‘manpower outsourcing agencies,’ and ‘intermediatory contracts’ and is conveniently and interchangeably using the same, the entitlement of the petitioner guaranteed under the Constitution and the statute for maternity leave and other benefits cannot be ignored. This is nothing but a well-thought-over modus operandi adopted by the respondent state to shirk its responsibility of complying with various constitutional and statutory obligations in the domain of public employment.” The HC directed the agriculture department to continue the petitioner’s services until a regular employee is appointed in her place.

Outsourced government employees, also known as contract workers, face uncertain working conditions and limited rights. Although they may perform tasks similar to those of regular government employees, they often lack access to basic rights and benefits, such as job security, fair compensation, social security benefits, health insurance, paid leave, workers’ compensation, unionisation, and collective bargaining. The specific rights and protections available to outsourced government employees vary depending on the jurisdiction, laws, and regulations. However, it is essential to recognise that these workers deserve fair treatment, dignity, and respect for their contribution to public services.

The International Labour Organisation (ILO) has expressed concerns about the working conditions and rights of outsourced workers, including those employed by governments. The ILO emphasises the need for the following:

Decent Work: Ensuring that outsourced workers receive fair compensation, safe working conditions, and access to social security and benefits.

Non-Discrimination: Protecting outsourced workers from discrimination and ensuring they receive equal treatment compared to regular employees.

Freedom of Association: Allowing outsourced workers to form and join trade unions and bargain collectively.

Transparent Contracts: Ensuring clear and transparent contracts that specify working conditions, wages, and benefits.

Accountability: Holding governments and contractors accountable for upholding labour standards and protecting workers’ rights.

Social Dialogue: Encouraging dialogue between governments, contractors, workers, and unions to address concerns and improve working conditions.

The ILO’s core labour standards and conventions, such as the Private Employment Agencies Convention (No. 181), the Contract Labour (Regulation and Abolition) Convention (No. 105), and the Decent Work Agenda, provide a framework for protecting the rights of outsourced workers. The ILO also provides guidance and support to governments, employers, and workers to promote fair and decent working conditions for all workers, including those in outsourced employment arrangements.

Apart from the ILO, several expert reports and studies have examined the rights and working conditions of outsourced government employees. Some notable examples include:

International Trade Union Confederation (ITUC) reports, which highlight violations of workers’ rights in outsourcing arrangements, emphasising the need for unionisation and collective bargaining.

Amnesty International’s reports on exploitation and human rights abuses in outsourcing, particularly in sectors like cleaning, security, and construction.

The Organisation for Economic Co-operation and Development guidelines on responsible business conduct, which include recommendations for protecting workers’ rights in outsourcing.

World Bank studies on public-private partnerships and outsourcing in public services, which emphasise the need for safeguards to protect workers’ rights.

Academic research on the impact of outsourcing on workers, which examines issues such as job insecurity, wage disparities, and lack of social protection.

National Human Rights Institutions such as India’s National Human Rights Commission (NHRC), which highlight concerns and advocate for better protections.

Reports from civil society organisations such as the Workers’ Rights Consortium, which focus on labour rights abuses in outsourcing and advocate for improved working conditions.

These expert reports and studies offer valuable insights for addressing the challenges faced by outsourced government workers and promoting their rights and well-being. Governments and contractors must ensure that outsourced employees receive fair compensation and benefits, safe working conditions, access to training and development opportunities, protection from discrimination and harassment, a clear understanding of their employment status and rights, and a grievance mechanism to address concerns. By addressing these issues, we can promote fairness, equity, and justice for outsourced government employees, recognising their value and contribution to public services.

(The writer is Hon. Professor at Karnataka State Rural Development and Panchayat Raj University, Gadag)