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LATEST NEWS UPDATES | Migrant Workmen Act, 1979, must be rationalised to remove requirements that disincentivise formalisation -KP Krishnan, Anirudh Burman & Suyash Rai

Migrant Workmen Act, 1979, must be rationalised to remove requirements that disincentivise formalisation -KP Krishnan, Anirudh Burman & Suyash Rai

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published Published on May 9, 2020   modified Modified on May 25, 2020

-The Indian Express

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 fallout of the lockdown in order to reduce the spread of COVID-19 highlights the urgent need to rationalise the legislative framework for labour in India. Migrant labour has been among the worst affected due to the lockdown. Their efforts to leave the cities before the lockdown, and the extraordinary efforts some put in to get back home, suggest that they have very low resilience to stay in cities without employment. They fall through the cracks of India’s social security net, and the government response has shown a significant gap between high-minded intentions reflected in existing laws and their implementation.

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.

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The Indian Express, 9 May, 2020, https://indianexpress.com/article/opinion/columns/india-lockdown-inter-state-migrant-workmen-act-6400710/


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