How can inter-State workers be protected
On Friday, May 8, 16 migrant labourers
who were trying to return to Madhya Pradesh, their home
State, on foot were killed when a goods train ran over
them between Jalna and Aurangabad districts in
Maharashtra. Following the novel coronavirus pandemic,
the nationwide lockdown announced on March 24 at
short notice has caused immense distress to migrant
workers around the country. Hundreds have been seen
trying to walk home to Uttar Pradesh, Bihar, West Bengal
and Odisha from their places of work in Rajasthan, Delhi,
Maharashtra, Gujarat and so forth. Questions are being
raised about their welfare and the lack of legal protection
for their rights. Those working in the field of labour
welfare have recalled a 1979 law to regulate the
employment and working conditions of interState
migrants, but feel that the lack of serious implementation
has led to their rights being ignored. As part of the
present regime’s efforts towards consolidating and
reforming labour law, a Bill has been introduced in
Parliament called the Occupational Safety, Health and
Working Conditions Code, 2019. The proposed code seeks
to merge 13 labour laws into a single piece of legislation.
The InterState Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979, is one
of them. Activists fear that specific safeguards given to
migrant workers may be lost as a result of this
consolidation.
What does the 1979 law envisage?
The Act seeks to regulate the employment of interState
migrants and their conditions of service. It is applicable
to every establishment that employs five or more migrant
workmen from other States; or if it had employed five or
more such workmen on any day in the preceding 12
months.
It is also applicable to contractors who employed a
similar number of interState workmen. The Act would
apply regardless of whether the five or more workmen
were in addition to others employed in the establishment
or by the contractors.
It envisages a system of registration of such
establishments. The principal employer is prohibited
from employing interState workmen without a certificate
of registration from the relevant authority. The law also
lays down that every contractor who recruits workmen
from one State for deployment in another State should
obtain a licence to do so.

What are the beneficial provisions for interState
migrants in it?
The provision for registration of establishments
employing interState workers creates a system of
accountability and acts as the first layer of formalising the
utilisation of their labour. It helps the government keep
track of the number of workers employed and provides a
legal basis for regulating their conditions of service.
As part of the licensing process, contractors are bound
by certain conditions. These include committing them to
providing terms and conditions of the agreement or any
other arrangement on the basis of which they recruit
workers. These terms include “the remuneration payable,
hours of work, fixation of wages and other essential
amenities in respect of the interState migrant workmen”.
The wage rates, holidays, hours of work and other
conditions of service of an interState migrant workman
shall be the same as those extended to other workmen in
the same establishment, if the nature of their work is
similar. In other cases, it would be as prescribed by the
appropriate government. In no case, shall the wages be
lower than what is prescribed under the Minimum Wages
Act.

What does the proposed Code say on
migrant workers?
The attempt to consolidate laws relating to occupational
safety, health and working conditions means that many
separate laws concerning various kinds of workers and
labourers will have to be repealed. The proposed law
seeks to repeal 13 Acts such as the Factories Act, Mines Act, Dock Workers’ Act, the InterState Migrant Workmen
Act, and other enactments relating to those working in
plantations, construction, cinema, beedi and cigarette
manufacture, motor transport, and the media.
Regarding interState migrant workers, the Act includes
them in the definition of ‘contract labour’. At the same
time, an interState migrant worker is also separately
defined as a person recruited either by an employer or a
contractor for an establishment situated in another State.
The Code has a chapter on ‘contract labour and interState migrant workers’, but the Parliamentary Standing
Committee has recommended that the provisions relating
to migrant workers be covered in a separate chapter “so
that the safety, health and working conditions of the
Migrant Workers be clearly spelt out for implementation,
besides making special provisions for them, as has been
done by the State Government of Kerala”.
The Code contains provisions similar to the 1979 Act
regarding registration of establishments, licensing of
contractors and the inclusion of terms and conditions on
hours of work, wages and amenities. Further, both the
old Act and the proposed Code envisage the payment of a
displacement allowance and a journey allowance to
interState migrant workers.

Is there a loss of benefits for interState workers if
the Code comes into force?
Even though the Code seeks to preserve many of the
protections and rights given to interState workers, trade
unions feel that it is always better to have a separate
enactment. The unprecedented distress and misery faced
by migrant workers due to the current lockdown has
drawn attention to a beneficial legislation dedicated to
their welfare.
The Centre of Indian
Trade Unions (CITU) has
highlighted the fact that
both the States where they
work and home States have
obligations cast upon them
in the existing law.
Despite the fact that it has
been poorly implemented,
if at all, labour unions feel
that preserving the
separate enactment and
enforcing it well is a better
option than subsuming it
under a larger code.
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