Protecting Migrant Workers: Legal Safeguards and Government Initiatives in India

The Interstate Migrant Workmen Act, 1979 is a law in India designed to regulate the employment and working conditions of migrant workers. It plays a crucial role in protecting these workers from exploitation and abuse by employers, ensuring that they are treated justly and fairly in their workplaces.

Who is workmen?

According to section 2 (j)[1]–

 “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied.

Exception – any such person—

 1.who is employed mainly in a managerial or administration capacity

2.who being employed in a supervisory capacity, draws wages exceeding 500 per month.

Who is an inter -state migrant workers?

According to section 2(e)[2] –

 “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer in relation to such establishment.”

Reason for migration of workers –

1. Globalization – The migration of workers in India is not a recent development, but its importance has grown due to the globalized economy. The 1991 economic reforms, which embraced Liberalization, Privatization, and Globalization (LPG), allowed workers from rural India to seek employment outside their home states and participate in the nation’s economic growth. This shift has brought both opportunities and challenges. While globalization has provided new avenues for employment and access to diverse work environments, it has also increased the vulnerability of workers. As workers move across states or borders, they may become targets for exploitation by employers who may exploit their lack of awareness regarding rights and protections. This raises the question of whether globalization can harmonize with workers’ rights to ensure fair treatment and equitable conditions for migrant workers.
2. Economic – Economic factors are one of the key drivers of migration. Many workers migrate in search of better financial opportunities and an improved standard of living. The low wages in their home regions are often a primary motivation for migration, with 94.3% of migrants citing poor economic conditions in their native areas as a significant factor. The promise of higher wages and more stable employment in other regions motivates many to leave their families and migrate in search of better prospects, contributing to a shifting labour market within India.
3. Social – Social factors also play a crucial role in migration patterns. Poverty and limited access to basic services, such as healthcare and education, are key social reasons for migration. In many cases, rural areas with inadequate infrastructure push individuals to seek better living conditions elsewhere. Additionally, poor social relations and instances of political intimidation, affecting around 4.1% of migrants, have been noted as significant drivers of long-term migration. Migrants may leave their home regions to escape hostile social environments or oppressive political circumstances, seeking a fresh start or safer conditions in other parts of the country.

Constitutional provisions for labour welfare

Under the Constitution of India, labour is included in the Concurrent List, which means that both the Central and State Governments have the authority to enact legislation on labour matters, although certain issues are reserved for the Centre.

1. Article 14[3]ensures that the State treats all individuals equally before the law, promoting fairness and non-discrimination.
2. Article 19(1)(c)[4] grants citizens the fundamental right to form associations or unions, empowering workers to collectively voice their concerns.
3. Article 21[5] safeguards the protection of life and personal liberty, ensuring that individuals’ rights are not violated, including in the workplace.
4. Article 23[6] prohibits forced labour, reinforcing the constitutional commitment to freedom and dignity for all individuals.
5. Article 39(a)[7] directs the State to secure equal rights to adequate means of livelihood for all citizens, ensuring a fair and just economic environment.
6. Article 42[8] mandates the State to ensure just and humane working conditions, including provisions for maternity relief for women workers.
7. Article 43[9] obligates the State to ensure a living wage, decent working conditions, and opportunities for social and cultural development for all workers, either through legislation or economic organizations.
8. Article 43A[10] encourages the participation of workers in the management of industries, promoting worker involvement and shared responsibility in industrial decision-making through legislation.

These provisions collectively ensure that labour rights are recognized and protected within the constitutional framework, aiming for fair treatment, dignity, and equitable conditions for all workers in India.

Landmark judgement

1. Francis Coralie Mullin vs. Administrator union territory of Delhi[11]

It was held that the complaint of non-obedience of the directions of the Inter-State migrant worker Act also relates to a violation of Article 21 which is Right to live.

2. Randhir Singh v. Union of India[12]

The principle of equal pay for equal work is enshrined in Article 39(d)[13] of the Indian Constitution, which mandates that the State shall ensure that there is equal pay for equal work for both men and women. This principle is further supported by the Preamble and Articles 14 (right to equality) and 16 (equality of opportunity in matters of public employment) of the Constitution, which collectively emphasize fairness and non-discrimination. The principle asserts that individuals performing identical duties and responsibilities should receive equal pay, regardless of factors such as gender, employment type, or classification. This means that workers on temporary contracts or those employed on a regular basis, when performing the same work, are entitled to the same wages, thereby preventing any irrational classification or discrimination in pay structures. The interpretation of this principle in case law has reinforced the idea that any disparity in pay based on such classifications is unjust and violates the constitutional guarantee of equality.

3. State of Punjab v. Jagjit Singh[14]

The principle of equal pay for equal work has been reinforced through judicial decisions, which held that temporarily engaged employees—such as daily wage employees, ad-hoc or casual workers, and contractual employees—are entitled to at least the minimum regular pay scale along with dearness allowance (as revised periodically). This entitlement arises from the fact that these temporary workers perform the same duties and responsibilities as those engaged on a regular basis in sanctioned posts.

In other words, if temporary workers are performing identical tasks and responsibilities as their regular counterparts, they are entitled to the same pay, ensuring that no unjust pay disparity exists between workers performing equal work. This principle aims to ensure fairness and prevent exploitation of temporary or contractual workers, recognizing that they should not be paid less simply due to their employment status.

Covid 19 pandemic and migrant workers – A ‘crisis ‘ of mobility

On May 8, 2020, 16 migrant workers tragically lost their lives when a cargo train ran over them while they were attempting to walk back to their home state of Madhya Pradesh. These workers, along with many others, were part of a larger exodus of migrant workers who were trying to return to their native states from their places of employment in states like Rajasthan, Delhi, Maharashtra, Gujarat, and others. Many of these workers were fleeing the harsh impacts of the COVID-19 lockdown and its economic repercussions.

These tragic incidents highlight significant concerns regarding the safety and legal protection of migrant workers. Despite the existence of the Interstate Migrant Workmen Act of 1979, which was enacted to regulate the employment and working conditions of migrant workers, the law has not been adequately enforced. This lack of implementation has resulted in migrant workers being deprived of their basic rights, leaving them vulnerable to exploitation and neglect.

The COVID-19 lockdown further exposed the precarious conditions of migrant workers, with five states—Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Odisha—accounting for 67% of the migrant workers who returned home. Of the 1.23 crore migrant workers who returned to their home states during the lockdown, around 50% (61,34,943) came from Uttar Pradesh, Bihar, and West Bengal, underscoring the scale of migration and the challenges faced by these workers in times of crisis. The lack of adequate support, legal protections, and infrastructure further compounded the struggles of these vulnerable workers.

Problems faced by inter -state migrant workers –

1. Issues Faced by Marginalized Sections:
   People from poor or marginalized sections often struggle to integrate into new communities. Their socio-economic background, limited access to resources, and social stigma make it difficult for them to blend in with the mainstream society in the places they migrate to.
2. Social and Psychological Aspects:
   Migrants often face social exclusion in their host locations, where they may never be fully accepted, leading to a feeling of being treated as second-class citizens. Additionally, migrants may experience psychological challenges such as cultural adaptation issues, language barriers, homesickness, and loneliness, all of which can have a significant impact on their mental health.
3. Exclusion from Political Rights and Social Benefits:
   Migrant workers often face exclusion from exercising their political rights, such as voting, because they lack the necessary documentation, like proof of address, voter IDs, and Aadhaar cards. The transient nature of their lives makes it difficult for them to obtain these documents, leading to their exclusion from social welfare schemes and government policies that require such documentation.
4. Low Wages and Unsuitable Working Conditions:
   A major challenge for most interstate migrant workers is the low wages they receive for their labor, which often does not reflect the demands of their work. They also endure poor working conditions, inadequate onsite living arrangements, and a lack of social protection. These factors contribute to their overall vulnerability and exploitation in the workplace.

Rights of Inter-State Workers

In addition to the general labour laws that apply to all workers, inter-state migrant workers are entitled to the following additional rights:

1. Equal or Higher Wages: Migrant workers should receive wages that are either equal to or higher than those paid to local workers for the same type and duration of work, or as per the minimum wage requirements under the Minimum Wages Act, 1948—whichever amount is greater.
2. Displacement Allowance: Upon recruitment, migrant workers are entitled to a displacement allowance equal to 50% of their monthly wages or Rs. 75, whichever is higher. This allowance is non-refundable and is in addition to the wages and other payments the worker is entitled to.
3. Journey Allowance: Migrant workers are entitled to a journey allowance that covers the cost of travel from their place of residence to the work location in another state. This allowance should cover both the outward and return journeys. Furthermore, workers must be paid their wages during the journey period, as though they were on duty.
4. Suitable conditions of work.
5. Suitable residential accommodation and medical facilities free of charge on a mandatory basis.
6. Termination of the employment after the contract period, without any liability.
7. The right to lodge complaints with the authorities within three months of an accident, incident, etc.
8. They should get regular payments of their wages.
9. They should get equal pay for equal work, irrespective of their gender
10. They should get the prescribed protective clothing.
11. In case of serious bodily injury or the fatal accident of any inter-state migrant worker, it should be reported to the specified authorities of both the States and also to the next of kin of the workman.

Occupational Safety, Health, and Working Conditions Code, 2020 (OSHC)

The Occupational Safety, Health, and Working Conditions Code, 2020 is a comprehensive piece of legislation that consolidates and amends existing laws related to the occupational safety, health, and working conditions of workers employed in various establishments. This Code aims to improve the safety and welfare of workers by streamlining and updating regulations.

One of the significant changes brought about by this Code is its replacement of 13 existing central labor laws, including the Inter-State Migrant Workmen Act, 1979. By integrating these laws, the Code seeks to simplify the regulatory framework, promote better working conditions, and enhance the protection of workers’ rights across different sectors. It reflects a modern approach to addressing labor issues, focusing on improving both the safety and well-being of workers while aligning with global labor standards.

Initiatives by the Government

1. The Ministry of Labour and Employment has proposed the development of a National Database of Unorganised Workers (NDUW). This comprehensive database will include details of unorganised workers, such as building and construction workers, and migrant workers, with information linked to their Aadhaar numbers. The database will capture important details such as the worker’s name, occupation, address, type of occupation, educational qualifications, skills, and family information. The goal is to enhance the employability of these workers and ensure they can access social security benefits more effectively.
2. Several government schemes and programs have been implemented to support both skilled and unskilled migrant labourers in the country. These include:
   • Garib Kalyan Rojgar Abhiyan: A scheme aimed at providing employment to migrant workers who returned to their home states during the pandemic.
   • Pradhan Mantri SVANIDHI Scheme: A scheme to provide street vendors, including many migrant workers, with financial assistance to restart their businesses.
   • Aatm Nirbhar Bharat: A self-reliant India initiative aimed at strengthening the economy and supporting migrant workers with employment opportunities.
   • Pradhan Mantri Garib Kalyan Yojana: A welfare scheme designed to provide financial aid and support to low-income and vulnerable sections of society, including migrant workers.
   • One Nation One Ration Card: A scheme ensuring that migrant workers can access food grains and other essential benefits from anywhere in the country using a single ration card.
   • Financial Assistance to Building and Other Construction Workers: A targeted program to offer financial aid to construction workers, many of whom are migrant labourers.
3. The Labour Bureau, an office under the Ministry of Labour and Employment, has been assigned the responsibility of conducting the All India Survey on Migrant Workers. This survey aims to collect comprehensive data on migrant workers, which will help in better policymaking and improve welfare schemes tailored to their needs.

Conclusion:

The Interstate Migrant Workmen Act, 1979, along with various constitutional provisions, plays a crucial role in protecting the rights of migrant workers in India. These legal frameworks aim to ensure fair treatment, safe working conditions, and social security for migrant workers. However, despite these protections, challenges such as exploitation, inadequate working conditions, and poor enforcement of laws continue to affect migrant workers.The COVID-19 pandemic further exposed the vulnerabilities of these workers. In response, the government has introduced several initiatives to provide relief which provides financial support to street vendors.

Despite these efforts, the need for consistent enforcement of existing laws is critical. Moving forward, targeted government actions, coupled with stronger implementation of legal protections, are necessary to ensure migrant workers have access to fair wages, safe working environments, and enhanced opportunities for growth and welfare.

References:

1. LCI Team, Labour Rights under the Indian constitution, (Nov. 20, 2021), https://www.lawyersclubindia.com/articles/labour-rights-under-the-indian-constitution-3300.asp.
2. Taxguru In, Constitutional Protection of Labour Rights In India, (Apr. 24, 2023), https://taxguru.in/corporate-law/constitutional-protection-labour-rights-india.html.
3. Labour Laws in India: List of major Labor law Acts, Questions, (July 15, 2019), https://www.toppr.com/guides/legal-aptitude/labour-laws/labour-laws-and-constitution-of-india/.
4. Rights of Labours under the Indian Constitution., Indian Legal Solution (July 26, 2019), https://indianlegalsolution.com/rights-of-labours-under-the-indian-constitution/.
5. Prangya Paramita Jena, All About Labour Laws In India, (June 3, 2024), https://www.lawyersclubindia.com/articles/all-about-labour-laws-in-india–16722.asp.

[1]The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, (Act 30 of 1979), s.2(j).

[2] The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, (Act 30 of 1979), s.2(e).

[3] The Constitution of India, art. 14.

[4] The Constitution of India, art. 19(1)(c).

[5] The Constitution of India, art. 21.

[6] The Constitution of India, art. 23.

[7] The Constitution of India, art. 39(a).

[8] The Constitution of India, art. 42.

[9] The Constitution of India, art. 43.

[10] The Constitution of India, art. 43A.

[11] Francis Coralie v. Union Territory of Delhi, AIR 1981 SC 746

[12] Randhir Singh v. Union of India & Ors, 1982 AIR 879:1982 SCR (3) 298 

[13] The Constitution of India, art. 39(d).

[14] The State vs Captain Jagjit ,1962 AIR 253:1962 SCR (3) 622: AIR 1962 SC253, 1962 ALLCRIR 113:1962 (1) SCJ 408:1962 3 SCR 622