Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 In search of better job opportunities, workmen often migrate from one place to another. However, the migrant workers were usually not treated equally and discriminated against the native workers. The working conditions of the migrants were harsher than that of the native ones. In order to uphold the rights of migrant workers and protect them from exploitation, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 came into force in 1979. Prime Object The Inter-State Migrant Workmen Act, 1979 was enacted with the purpose of regulating the employment of inter-State migrant workmen and providing for their conditions of service. Applicability It extends to the whole of India. It applies to every establishment in which five or more inter-State migrant workers are employed or were employed on any day of the preceding twelve months and every contractor who employs or employed five or more inter-State migrant workers on any day of the preceding twelve months. Key Provisions The wage rates, holidays, hours of work and other conditions of service for inter-State workmen employed in an establishment shall be the same as those applicable to other workmen performing the same duty in the same establishment. Every contractor shall pay a displacement allowance to every inter-State migrant worker which shall be equal to fifty per cent of the monthly wages payable to him or seventy-five rupees, whichever is higher. Every contractor shall pay journey allowance to every inter-State migrant worker, which shall not be less than the fare from the place of residence to the place of work. A contractor shall ensure that every workman gets regular payment, suitable working conditions, residential accommodation, medical facilities, equal pay for equal work, protective clothing. In case of a fatal accident, he shall report to the authorities of both the States and relatives of the workman. Some of the important duties of the employer are: Make an application to the registering officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of the establishment. Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities. Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by the contractor to affect the same. Liable for the prescribed punishments for violations committed under this Act. In case of any employment injury or fatal accident, ensure the same is informed to authorities of States concerned and to the kins of the deceased through the contractor. Employment of inter-State migrant workmen in any establishment is prohibited unless it is duly registered under this Act. If all the States had implemented the ISMW Act 1979 faithfully, they would have had full data on immigrant workers in regard to their home State and other particulars. Nearly all States with significant migrant labour population such as Maharashtra, Delhi, Kerala, Tamil Nadu, Karnataka, Telangana have their own amendments to the ISMW Act 1979. In a statistical analysis presented by India Migration Now, while Kerala ranked first for migrant friendly policies, Maharashtra ranked second with a score of 42 out of 100 compared to Kerala’s 62, and Punjab came in third with a score of 40. Apart from Kerala and Maharashtra that have taken some measures for migrant labour welfare, it is clear there is an absence of a cohesive migrant labour policy framework. Other States can take lessons from Kerala that has introduced pioneering schemes such as Kerala Migrant Workers Welfare Scheme of 2010 that offers financial support for treatment of migrants for ailments, grant for their children’s education in Kerala and retirement benefits to those who complete five years under the scheme. Kerala also introduced another health insurance scheme called ‘Awaaz’ which was rolled out in 2017 with a dual objective to provide health insurance coverage to migrants, and prepare a comprehensive database of migrant labourers in the state. According to the law, contractors and establishments that employ migrant workers have to obtain a licence from the state to which the workman belongs (home state), as well as the state in which they are proposed to be employed (host state). The licence may contain conditions regarding arrangements under which the inter-state migrants will be recruited, the remuneration payable, hours of work, fixation of wages, and other essential amenities to be provided. Before hiring the workers, the establishments are required to obtain a certificate of registration. Within 15 days of hiring, the contractor is required to provide complete details of migrant workers to the registering authority. It is incumbent upon the contractor to maintain data of all migrant workers and provide them a passbook containing details of their employment. Some of the other measures under the law include — appointment of an inspector to visit the establishments where workers are employed, an explicit provision regarding the due date by which wages are to be paid, a migrant’s entitlement to a displacement allowance, suitable residential accommodation, adequate medical facilities, and protective clothing. Rights of interstate workers In addition to the general labour laws applicable to all workers, the interstate workers are entitled with equal or better wages for the similar nature & duration of work applicable for the local workmen or stipulated minimum wages under the Minimum Wages Act, 1948 whichever is more, displacement allowance (Section 14), home journey allowance (Section 15) including payment of wages during the period of journey, suitable residential accommodation and medical facilities free of charge on mandatory basis. Termination of employment after the contract period without any liability. Right to lodge compliant with the authorities within three months of any incident, accident, etc. Role of contractors Registration of all contractors who employs or employed five or more Interstate Migrant Workmen on any day of the preceding 12 months. Furnish the details of workmen periodically in such forms as prescribed by state government. Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities. Issue of passbook affixed with a passport-sized photograph of the workman indicating the name and the place of the establishment where the worker is employed, the period of employment, rates of wages, etc. to every inter-state migrant workman. Reporting by the contractor the incidence of fatal accident or serious injury of such workman to the specified authorities of both the States and also the next of kin of the workman. Liable for the prescribed punishments for violations committed under this Act. Role of principal employers Registration of all principal employers who employs or employed directly or indirectly five or more Interstate Migrant Workmen on any day of the preceding 12 months. Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities. Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner and may be prescribed. Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by the contractor to effect the same. Liable for the prescribed punishments for violations committed under this Act. Role of state governments Appointment of inspectors to oversee implementation of this act. Appointment of registration officers to grant and revoke registration of contractors / principal employers / establishments. Appointment of licensing officers to grant, suspend and revoke licenses to contractors / principal employers / establishments Making rules for carrying out the purposes of this Act subject to the condition of previous publication Entertaining appeals from the aggrieved parties and disposal of the same as per this Act Practically, the database is not maintained seriously. Summary: A key piece of legislation governing inter-state migrants in India is the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The Act was enacted to prevent the exploitation of inter-state migrant workmen by contractors, and to ensure fair and decent conditions of employment. The law requires all establishments hiring inter-state migrants to be registered, and contractors who recruit such workmen be licensed. Contractors are obligated to provide details of all workmen to the relevant authority. Migrant workmen are entitled to wages similar to other workmen, displacement allowance, journey allowance, and payment of wages during the period of journey. Contractors are also required to ensure regular payment, non-discrimination, provisioning of suitable accommodation, free medical facilities and protective clothing for the workmen.