Q. What are the rights of migrant workers in India?
Migrant workers have the right to equal wages, safe working conditions, access to social security schemes, and protection from exploitation under the Inter-State Migrant Workmen Act, 1979 and the Code on Social Security, 2020. They are also entitled to legal aid and dispute resolution mechanisms to protect their employment rights.
Q. How does the Inter-State Migrant Workmen Act, 1979 protect workers?
This Act mandates registration of migrant workers, payment of minimum wages, displacement allowance, housing, medical facilities, and equal treatment to prevent exploitation by contractors or employers. It also ensures that migrant workers receive travel allowances and access to grievance redressal mechanisms.
Q. What is the legal responsibility of employers hiring migrant workers?
Employers must register interstate migrant workers, provide fair wages, ensure safe working conditions, and contribute to social security schemes as per the Inter-State Migrant Workmen Act, 1979 and the OSH Code, 2020. They must also maintain worker records and submit compliance reports to labor authorities.
Q. Are migrant workers entitled to minimum wages and overtime pay in India?
Yes, under the Code on Wages, 2019, all workers, including migrants, are entitled to minimum wages set by the state and overtime pay at twice the regular wage for extra working hours. Employers who fail to comply may face penalties and legal action from labor authorities.
Read more: What is Salaried Non-Exempt?
Q. What protections exist for seasonal and temporary migrant workers?
Seasonal and temporary workers are covered under the Building and Other Construction Workers (BOCW) Act, 1996 and Inter-State Migrant Workmen Act, 1979, ensuring wage security, safety, health benefits, and social security. They can also access government welfare schemes such as the One Nation One Ration Card (ONORC) scheme for subsidized food.
Q. Are seasonal agricultural workers covered under labor laws?
Yes, seasonal agricultural workers are covered under the Minimum Wages Act, 1948, but they are excluded from the Inter-State Migrant Workmen Act, 1979, leading to gaps in legal protection. However, government programs like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provide some financial security.
Q. Can migrant workers receive provident fund benefits in India?
Yes, if registered under the Employees' Provident Fund (EPF) Scheme, migrant workers are entitled to retirement savings, pension benefits, and withdrawal options as per the Code on Social Security, 2020. The Aadhaar-linked portability system allows them to claim benefits even if they migrate between states.
Q. What housing and living conditions must employers provide for migrant workers?
Employers must provide free housing, sanitation, drinking water, medical aid, and welfare facilities as per the Inter-State Migrant Workmen Act, 1979 and BOCW Act, 1996. The law also requires companies to maintain hygienic conditions and ensure that workers are not housed in overcrowded accommodations.
Q. Can migrant workers join trade unions or form associations in India?
Yes, under the Trade Unions Act, 1926, migrant workers have the right to join or form trade unions to collectively bargain for wages, benefits, and improved working conditions. However, due to job insecurity and lack of awareness, many migrant workers do not exercise this right.
Q. What is the penalty for companies that fail to provide protections to migrant workers?
Employers violating the Inter-State Migrant Workmen Act, 1979 can face fines up to ₹50,000 and imprisonment up to one year, with additional penalties under the OSH Code, 2020 for safety violations. Repeat offenders may also face license suspension or business closure if found guilty of severe labor violations.
Q. How can migrant workers report labor law violations and seek legal help?
Migrant workers can file complaints with the Labor Commissioner, labor courts, or industrial tribunals, and seek help through the Shram Suvidha Portal or legal aid services provided by the government. NGOs and worker unions also provide free legal assistance and advocacy for migrant labor rights.
