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The Informal Sector

Labour Standards for the Informal Sector?
Strategies to Protect Informal Workers
Hari Srinivas
Policy Analysis Series C-026.
Abstract:
This paper explores the challenges faced by informal sector workers and examines strategies to protect their rights and improve their working conditions. The informal sector encompasses various unregulated or unprotected forms of work, and workers in this sector lack access to social security benefits, face low wages and income insecurity, have limited legal protection, work in unsafe conditions, lack skill development opportunities, and encounter discrimination and marginalization.

The paper suggests strategies such as creating legal frameworks, establishing social protection programs, promoting capacity building and skills development, facilitating collective bargaining and representation, and encouraging the integration of informal sector activities into the formal economy.

While implementing labor standards for the informal sector is complex, a multi-faceted approach involving collaboration between stakeholders is crucial for effective implementation.

Keywords:
Informal sector workers, labor standards, social protection, capacity building, legal frameworks, skill development, income insecurity, unsafe working conditions.
Creating a set of labor standards for workers in the informal economic sector poses significant challenges due to the nature and characteristics of informal employment. The informal sector typically includes workers who are not covered by formal labor regulations, social protections, or recognized employment relationships. These workers often engage in activities such as street vending, informal manufacturing, domestic work, and other unregulated or unprotected forms of work.

Challenges for Workers in the Informal Sector

Informal sector workers face a number of problems in their work environment that prevent them from working to their full potential. Key among them is that they often lack access to social security benefits such as health insurance, pension plans, unemployment benefits, and maternity leave. This leaves them vulnerable to economic shocks, health emergencies, and retirement insecurity.

Low wages and income insecurity means that informal sector workers typically receive lower wages compared to their formal sector counterparts. They often lack stable employment contracts, which leads to income uncertainty and financial instability. Additionally, "wage theft" and non-payment of wages are prevalent issues in the informal sector.

Workers in the informal sector also have limited legal protection, facing challenges in asserting their rights due to the absence of legal protections and limited access to justice mechanisms. They are often not covered by labor laws, making it difficult to address issues related to working hours, workplace safety, discrimination, and harassment.

Most workers find themselves in unsafe working conditions, often working in hazardous and unsafe environments without proper safety measures. They may lack protective equipment, work in cramped spaces, or handle dangerous substances without adequate safeguards, leading to occupational health risks and accidents.

In the long run, they also face a serious lack of skill development and training opportunities, hindering their ability to acquire new skills, improve productivity, and access better job opportunities. Coupled with exploitative work arrangements, such as long working hours, excessive workload, forced labor, and child labor, working environments can be very disadvantageous..

Workers have limited access to social dialogue and collective bargaining, making it challenging to negotiate for better working conditions, fair wages, and improved social protections. Many workers also face marginalization and discrimination, particularly women, migrants, and minorities. They may encounter barriers in accessing essential services, face stigmatization, and experience limited opportunities for advancement.

Workers and enterpreneurers in the informal sector have inadequate access to financial services, often struggling to access formal financial services such as loans, savings accounts, and insurance. This limits their ability to invest in their businesses, cope with emergencies, and build financial resilience.

Enforcing Labour Standards for the Informal Sector

While it is challenging to establish comprehensive and enforceable labor standards for the informal sector, efforts have been made to improve the working conditions and rights of informal workers. Some examples of measure that can be taken include:

  1. Recognition and Legal Frameworks:
    Governments can take steps to recognize and legitimize informal work by creating legal frameworks that acknowledge the existence and contributions of informal sector workers. This can involve registering informal businesses, providing identity documents, and extending legal protections to informal workers, such as minimum wage regulations, health and safety standards, and anti-discrimination measures.

    In India, the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, was enacted to recognize and regulate street vendors who operate in the informal sector. The law provides street vendors with the right to carry out their trade, establishes vending zones, and protects them from harassment and eviction. In Brazil, the "Microempreendedor Individual" (Individual Micro-entrepreneur) program was introduced to formalize small-scale businesses operating in the informal sector. This program simplifies registration processes, offers tax benefits, and provides access to social security benefits such as retirement and healthcare.

  2. Social Protection:
    Informal workers often lack access to social protection mechanisms such as health insurance, retirement benefits, and unemployment insurance. Establishing social protection programs specifically tailored to informal workers can help address some of the vulnerabilities they face. This may include developing innovative schemes, such as contributory or non-contributory social security programs, micro-insurance, or community-based safety nets.

    In Thailand, the Social Security Act was expanded to include informal workers in its coverage. Informal workers are now eligible to participate in the social security system, which provides health insurance, disability benefits, and retirement pensions. In South Africa, the South African Informal Traders Alliance (SAITA) established an informal traders' health scheme to provide affordable health insurance to informal traders who are often excluded from formal health insurance systems.

  3. Capacity Building and Skills Development:
    Enhancing the skills and capacities of informal workers can contribute to improving their livelihoods and working conditions. Governments, in collaboration with relevant stakeholders, can facilitate access to training programs, vocational education, and skill-building initiatives that equip informal workers with marketable skills, enhance productivity, and support their transition to more formal employment, where possible.

    In Kenya, the Kazi Mtaani initiative, launched in response to the COVID-19 pandemic, provided temporary employment to informal sector workers. The program also offered training opportunities for participants to develop skills in areas such as construction, cleaning, and waste management. The International Labour Organization's (ILO) Skills for Employment and Productivity in the Informal Economy (STEP) program has been implemented in several countries, including Ghana and Tanzania. The program provides vocational training and entrepreneurship support to informal sector workers, helping them acquire marketable skills and improve their livelihoods.

  4. Collective Bargaining and Representation:
    Facilitating collective bargaining and organizing efforts among informal sector workers can help amplify their voices and enable them to negotiate for better working conditions, fair wages, and improved social protections. Supporting the formation of cooperatives, associations, or trade unions specific to the informal sector can provide a platform for worker representation and advocacy.

    In Peru, the National Confederation of Informal Workers of Peru (CONETI) was formed to represent the interests of informal workers, including street vendors and market traders. CONETI engages in negotiations with authorities to advocate for the rights of informal workers and improve their working conditions. The Self-Employed Women's Association (SEWA) in India is a trade union and organization that represents informal sector workers, primarily women. SEWA advocates for the rights and interests of its members, provides training and capacity-building programs, and supports informal workers in accessing social protection and financial services.

  5. Informal Sector Integration:
    Encouraging the gradual transition of informal sector activities into the formal economy can help extend labor protections to more workers. Policies that promote entrepreneurship, provide business development support, simplify registration processes, and reduce the costs associated with formalization can incentivize informal businesses to become part of the formal economy.

    In Rwanda, the government implemented the "Igire" program, which aims to support the formalization of informal businesses. The program provides business development services, financial literacy training, and access to finance to help informal sector workers transition into the formal economy. In Colombia, the "FormalÝzate" program was launched to facilitate the formalization of informal micro-entrepreneurs. The program offers simplified registration processes, tax incentives, and business development support to encourage informal businesses to enter the formal economy.

It is important to acknowledge that establishing labor standards for the informal sector is a complex task. It requires a multi-faceted approach involving collaboration between governments, workers' organizations, employers, civil society, and other stakeholders. Tailoring interventions to the specific needs and realities of the informal sector is crucial for effective implementation.


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