Inter-State Migrant Workmen Act, 1979

Last updated

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
Emblem of India.svg
Parliament of India
  • An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith.
Citation Act No. 30 of 1979
Enacted by Parliament of India
Assented to11 June 1979
Commenced1 June 1987
Repealed by
Occupational Safety, Health and Working Conditions Code, 2020
Status: Repealed

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose was to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act created provision to employ better skilled workers available outside the state. The act was replaced by the Occupational Safety, Health and Working Conditions Code, 2020

Contents

Background

The employment system of interstate migrant labour was an exploitative system prevalent more or less in all over India. It was rampantly institutionalized in Orissa and in some other states. In Orissa the migrant labour (called dadan labour locally) through contractors or agents (called Sardars / Khatedars) are sent for work outside the state in large construction projects. This system lends itself to various abuses. Sardar promising at the time of recruitment that wages would be calculated on piece rate basis would not be settled every month as promised. Once the worker came under clutches of the contractor he took him to a far off place on payment of railways fare only. No working hours were fixed for interstate migrant workers and they had to work on all the days in a week under extremely bad working conditions.

Twenty eighth State Labour Ministers conference held on 21-10-1976 recommended for setting up of a small compact committee to examine all issues and suggest measures for eliminating the abuses prevalent in the interstate workers deployment. The compact committee which was constituted in February 1977, recommended the enactment of a separate central legislation to regulate the employment of interstate migrant workers as it was felt the provisions of the Contract Labour (Regulation and Abolition) Act 1970, [1] even after necessary amendments would not adequately take care of the variety of malpractices indulged in by the principal employers/contractors/Sardars/Khatedars etc. and the required facilities to be provided to these workmen in view of the peculiar circumstances in which they are working.

The recommendations of compact committee had been examined in consultation with the state governments and the relevant central ministries, Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 [2] was passed by both houses of Parliament and President of India gave his assent on 11-06-1979.

This Act makes provision for availing with the onsite services of interstate workers by the contractors / establishments to overcome only the temporary shortage of required skilled workers in a state. The purpose of this act is not to encourage interstate migration of workers against the interests of local workers as the principal employers would have to incur more cost in deploying interstate workers.

Contents

Rights of interstate workers

In addition to the general labour laws applicable to all workers, the interstate workers are entitled with

Role of contractors

Registration of all contractors who employs or employed five or more Interstate Migrant Workmen on any day of the preceding 12 months.

Role of principal employers

Role of state governments

Actual implementation

As per the census of the year 1991, nearly 20 million people migrated to other states seeking livelihood. Within a decade, the number of interstate migrants doubled to 41,166,265 persons as per the census figures of 2001. It is estimated that there are at present around 80 million migrants of which, 40 million are in the construction industry, 20 million are domestic workers, 12 million working in illegal mines otherwise called “small scale quarries”, etc. [3] Since the stipulations of this act are not implemented in true spirit by the state governments, more and more interstate workers are deployed in miserable working conditions at wages far below the prevailing local wages. [4] The vested interest of labour departments in collusion with the principal employers /contractors is the main stumbling block to implement this act which is hurting the interests of the local workmen and the improvement in their living standards. [5]

Proposed amendment

The Interstate Migrant Workers (Regulation of Employment and Conditions of Service) Amendment Bill, 2011 is proposed to make this Act gender neutral by amending its title and replacing the word ‘workman and workmen’ by the words ‘worker and workers’ respectively. [6] However, the lawmakers have not thought of bringing additional provisions to implement this Act strictly with more accountability and punishments for violations.

Possible improvements

Social problems

More and more interstate workers deployment is bringing social and cultural tensions in the states which are created on linguistic basis. Interstate workers being under the hold of their employers are scared of associating with local workers in ameliorating their living standards and working conditions. Many times interstate workers are reluctant to learn speaking in local majority language and to understand the local customs. Some times in the guise of interstate workers, interstate thieves / robbers / dacoits commit theft, murders, etc. creating law and order problems. [7]

See also

Notes

  1. "Contract labour regulation and abolition act 1970, GoI" (PDF). Retrieved 17 February 2013.
  2. "Interstate migrant workmen act 1979" (PDF). Retrieved 17 February 2013.
  3. "Magnitude of interstate migration of workmen". Archived from the original on 16 June 2014. Retrieved 17 February 2013.
  4. "Plight of interstate migrant workers". The Hindu . 13 March 2007. Archived from the original on 15 March 2007. Retrieved 17 February 2013.
  5. "Prosecutions under the Act in year 2004 -05, GoI" . Retrieved 17 February 2013.
  6. "Standing committee on labour, fifteenth lok sabha, GoI," (PDF). 2010. Retrieved 17 February 2013.
  7. "Bank robbery attempt by interstate migrants" . Retrieved 17 February 2013.

Related Research Articles

Labour laws are those that mediate the relationship between workers, employing entities, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies enforce labour law.

Workers compensation Form of insurance

Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers.

Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways:

An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage.

<i>Canada Labour Code</i>

The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.

Truck Acts is the name given to legislation that outlaws truck systems, which are also known as "company store" systems, commonly leading to debt bondage. In England and Wales such laws date back to the 15th century. They have also been implemented in other countries.

Labour in India refers to employment in the economy of India. In 2020, there were around 501 million workers in India, the second largest after China. Out of which, agriculture industry consist of 41.19%, industry sector consist of 26.18% and service sector consist 32.33% of total labour force. Of these over 94 percent work in unincorporated, unorganised enterprises ranging from pushcart vendors to home-based diamond and gem polishing operations. The organised sector includes workers employed by the government, state-owned enterprises and private sector enterprises. In 2008, the organised sector employed 27.5 million workers, of which 17.3 million worked for government or government owned entities.

Fair Labor Standards Act of 1938 United States wage law

The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.

The History of labour law in the United Kingdom concerns the development of UK labour law, from its roots in Roman and medieval times in the British Isles up to the present. Before the Industrial Revolution and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract or mediation through a system of trade unions. Serfdom was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self-regulation through guilds. In 1740 save for the fly-shuttle the loom was as it had been since weaving had begun. The law of the land was, under the Act of Apprentices 1563, that wages in each district should be assessed by Justices of the Peace. From the middle of the 19th century, through Acts such as the Master and Servant Act 1867 and the Employers and Workmen Act 1875, there became growing recognition that greater protection was needed to promote the health and safety of workers, as well as preventing unfair practices in wage contracts.

History of labour law

The history of labour law concerns the development of labour law as a way of regulating and improving the life of people at work. In the civilisations of antiquity, the use of slave labour was widespread. Some of the maladies associated with unregulated labour were identified by Pliny as " diseases of slaves."

Indian labour law

Indian labour law refers to law regulating labour in India. Traditionally, Indian government at the federal and state levels have sought to ensure a high degree of protection for workers, but in practice, this differs due to form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month. The Factories Act 1948 and the Shops and Establishment Act 1960 mandates 15 working days of fully paid vacation leaves each year to each employee with an addition 10 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provides for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.

Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power. Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail.

The Statute of Artificers 1562 was an Act of Parliament of England, under Queen Elizabeth I, which sought to fix prices, impose maximum wages, restrict workers' freedom of movement and regulate training. The causes of the measures were short-term labour shortages due to mortality from epidemic disease, as well as, inflation, poverty, and general social disorder. Local magistrates had responsibility for regulating wages in agriculture. Guilds regulated wages of the urban trades. Effectively, it transferred to the newly forming English state the functions previously held by the feudal craft guilds. The measure sought to make agriculture a trade and a national priority of employment.

The United Kingdom Mines and quarries regulation in 1910 was a specialised topic in UK labour law, given the complexity of the legislation and seriousness of injuries that people suffered.

The Workers' Compensation Board of British Columbia, operating as WorkSafeBC, is a statutory agency that came into existence in 1917, after the provincial legislature put into force legislation passed in 1902. This legislation is known as the Workers Compensation Act.

France v James Coombes & Co [1929] AC 496 is an old UK labour law case, concerning the definition of ‘employee’ for the purpose of section 8 of the Trade Boards Act 1909 and the Trade Boards Act 1918.

The Labor policy in the Philippines is specified mainly by the country's Labor Code of the Philippines and through other labor laws. They cover 38 million Filipinos who belong to the labor force and to some extent, as well as overseas workers. They aim to address Filipino workers’ legal rights and their limitations with regard to the hiring process, working conditions, benefits, policymaking on labor within the company, activities, and relations with employees.

Minimum Wages Act 1948 Article

The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours.

The Employees' Trust Fund (ETF), a social security programme, was established on 1 March 1981 under the Act No.46 of 1980 by the Parliament of the Democratic Socialist Republic of Sri Lanka to promote (i).employee ownership, employee welfare and economic democracy through participation in financing and investment (ii).employee participation in management through the acquisition of equity interest in enterprises and to provide for non-contributory benefits to employees upon retirement. All workers i.e. Permanent, Temporary, Casual, Contract, Piece-rate wages, Learners and apprentices who are employed in private and public sector are eligible to be benefited by it.

The Occupational Safety, Health And Working Conditions Code, 2020 is a code to consolidate and amend the laws regulating the Occupational safety and health and working conditions of the persons employed in an establishment. The Act replaces 13 old central labour laws.