Legislating Fair Employment: Exploring the Inter-State Migrant Workers Act of 1979
INTRODUCTION
The
employment system of inter-state migrant workers is rife with exploitation
across many states. Contractors, known as Sardars, often recruit laborers from
different states and deploy them elsewhere without ensuring basic working
conditions. This setup facilitates various forms of abuse. Despite promises
made by Sardars during recruitment regarding monthly settlement of wages based
on piece-rate calculations, these assurances are frequently unfulfilled.
Interstate migrant workers typically lack literacy, and organization, and often toil in harsh conditions. Given these challenges, both administrative and legislative measures are essential in the states of origin and destination to effectively safeguard them from exploitation.
The Act
encompasses the following key provisions:
(i) It
applies to establishments with five or more inter-State migrant workers
currently employed or hired within the past twelve months, as well as
contractors who employ or have employed the same number of inter-state migrant
workers during the specified period.
(ii)
Employers intending to hire inter-state migrant workers must register their
establishments with designated officers appointed by the Central or State
Governments. Similarly, contractors seeking to recruit or employ inter-state
migrant workers must obtain licenses from authorities in both the worker's home
state and the state of proposed employment.
(iii)
Contractors must provide detailed information about the workers to the
authorities in both the home and host states, using prescribed forms.
Additionally, they must issue each employed worker a passbook containing
employment details.
(iv) The
legislation outlines specific guidelines for the payment of wages to
inter-State migrant workers, ensuring they receive wages from the date of
recruitment.
(v)
Inter-State migrant workers are entitled to displacement and journey
allowances, in addition to their wages.
(vi) The Act
mandates the provision of various amenities for workers, including suitable
residential accommodation, adequate medical facilities, protective clothing
suitable for different climatic conditions, and appropriate working conditions
considering their migration status.
(vii)
Government-appointed inspectors will monitor compliance with the legislation's
provisions.
The object of the act
The purpose
of the Act is to oversee the employment of inter-state migrant workers and
establish provisions for their working conditions and related matters.
Every principal employer of an establishment to which this Act applies shall make an application to the registering officer, in such form and on payment of such fees as may be prescribed, for the registration of the establishment. Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time.
(b) if the application is not so complete, return the application to the principal employer of the establishment.
(c) Where within a period of one month after the receipt of an application for
registration of an establishment the registering officer does not grant the
certificate of registration applied for and does not return the application the
registering officer shall, within fifteen days of the receipt of an application
in this behalf, from the principal employer, register the establishment and
issue to the principal employer a certificate of registration in the prescribed
form.
This
provision makes it compulsory for the registering officer if he did not issue a
certificate of registration or return the application upon an application of
the establishment issue a certificate of registration. Revocation of
registration in certain cases. Grounds of revocation The registration of any
establishment has been obtained by misrepresentation or suppression of any
material fact or that for any other reason, the registration has become useless
or ineffective and, therefore, requires to be revoked.
Licensing of contractors Sec 8
Every application for the grant of a license shall be made in the
prescribed form and shall contain the particulars regarding a. the location of
the establishment, b. the nature of process, operation or work for which inter-State
migrant workmen are to be employed The licensing officer may make such
investigation in respect of the application received. A license granted shall
be valid for the period specified therein and may be renewed from time to time.
DUTIES AND OBLIGATIONS OF CONTRACTORS
It is
incumbent upon every contractor to:
(a) Provide
necessary information to the designated authority in both the state of
recruitment and the state of employment of an inter-state migrant worker within
fifteen days from the date of recruitment or employment, and promptly inform
both authorities of any changes in the furnished details.
(b) Issue a passbook to each inter-state migrant worker, containing a passport-sized photograph and details in Hindi and English (or the worker's language if different), including
(i) Name and location of the employing establishment.
(ii) Duration of employment.
(iii) Proposed wage rates and payment methods.
(iv) Displacement allowance.
(v) Return fare upon completion of employment or as prescribed.
(vi) Deductions made.
(vii) Any other specified particulars.
(c) Submit a report regarding any inter-state migrant worker who ceases employment to the relevant authority in both the state of recruitment and the state of employment. This report
WAGES, WELFARE, AND OTHER FACILITIES TO BE PROVIDED TO INTERSTATE MIGRANT WORKMEN
Wage
rates and other conditions of service of inter-state migrant workmen. Sec13
The wage
rates, vacation periods, working hours, and all other employment terms for an
inter-state migrant worker shall:
a. Be
identical or akin to those of any other worker performing similar tasks in the
same establishment, as applicable to such workers. b. Otherwise, be determined
by the relevant Government as per regulations.
At the time
of recruitment, the contractor must provide every interstate migrant worker
with a displacement allowance. This allowance shall amount to fifty percent of
the monthly wages due to the worker or seventy-five rupees, whichever is
greater. The displacement allowance granted to a worker is non-refundable and
is provided on top of the regular wages or any other compensatory amounts owed
to the worker.
A journey allowance of a sum not less than the fare from the place of residence of the inter-state migrant workman in his State to the place of work in the other State shall be payable by the contractor to the workman both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of such journeys as if he were on duty.
It is the responsibility of every contractor who employs inter-state migrant workers for activities related to an establishment covered under this Act to:
a. Ensure timely payment of wages to these workers.
b. Guarantee equal compensation for equivalent work regardless of gender.
c. Provide appropriate working conditions for these workers, considering that they are employed in a state different from their home state.
d. Offer and maintain suitable housing accommodations for these workers throughout their period of employment.
e. Furnish the necessary medical facilities to these workers as per the prescribed standards, without any charge.
f. Supply the required protective gear to these workers as specified.
g. Notify the designated authorities in both the states and the next of kin of the worker in case of a fatal accident or severe bodily injury to any such worker.
In the case of Damodar Panda v. State of Orissa, authorities from the sending state must be permitted by the receiving state to conduct investigations within the receiving state concerning individuals from the sending state who are employed as migrant laborers in the receiving state.
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