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PROJECT TITLE: RIGHTS OF INTER-STATE MIGRANT WORKERS

SUBJECT: LABOUR LAW - II

NAME OF THE FACULTY: Ms. Madhu Rana

SUBMITTED BY: CHANDRIKA CHOUDHARY

ROLL NO.: 2013038

SEMESTER: 5TH SEMESTER

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Ms Madhu Rana, as

well as our vice chancellor R.G.V. BHAGWAT KUMAR who gave me the golden
opportunity to do this project on RIGHTS OF INTER-STATE MIGRANT WORKERS,
which also helped me in doing a lot of research and I came to know about so many new
things I am really thankful to them.
Secondly I would also like to thank my parents and friends who helped me a lot in
finalizing this project within the limited frame. I want to convey a most sincere thanks to
my concerned faculty for helping me throughout the project without whose exorbitant
support this project would not have become a reality.

TABLE OF CONTENTS

S. No.

CONTENTS

PAGE No.

1.

Abstract

2.

Objective of the study

3.

Research methodology

4.

Scope

5.

Research question

6.

Hypothesis

7.

Chapterisation

8.

Chapter 1: Rights of Migrant Workers in India

7-8

9.

Chapter 2: Migrants rights under international law

8-12

The social security of migrant workers

10.

Chapter 3: Position in Odisha

11.

Conclusion

12-15
16

12.
17
Bibliography

ABSTRACT
Migration has a long history dating back to times immemorial. It is an important factor in
the globalized world, as with time industries thrust for cheap labour and as a result low
cost of production gave a powerful impetus to the phenomenon of migration. Having said
this, millions of people continue to migrate to the present day for various reasons ranging
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from over-population, scarcity of resources, lack of employment opportunities or

alternate livelihoods, income or wage inequalities, debt etc. Migrant workers, as per
Article 2 of the United Nations Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, are people who are engaged or have been
engaged in a remunerated activity in a State of which he or she is not a national. They
may migrate seasonally, temporarily, or for a longer period, either within a state or across
states.
It cannot be denied that labour migration within India is crucial for economic growth and
contributes to improving the socio-economic condition of people. However, despite such
positive outcomes of migration, the process of migration is very risky and challenging for
both female and male migrants, whether it is voluntary or forced migration. This is so
because in India, migrant workers usually form a class of invisible workers who are
exposed to vulnerability. They work in poor conditions, with no access to government
services and schemes, which are usually available to other workers. Moreover, there is a
lack of awareness among majority of them about their rights as migrant workers.
This paper reviews the actual and legal situation of the Interstate migrants in relation to
their enjoyment of human and other legal rights. It further examines the dimensions of
vulnerability of migrant labourers in a sub-national context viz, that of Odisha state and
subsequently deals with the take of international law on the subject matter of migrant
labourers.

OBJECTIVE/ AIMS OF THE STUDY:

The main objective of this project is to determine the rights of the migrant workers in
India, with particular focus on the state of Odisha and how they are being enforced in the
practical scenario.

RESEARCH METHODOLOGY:
For this project the research methodology is doctrinal. The information and the data for
the project will be from various books, articles and other resources. The research will
include both present and historical information related to topic.
SCOPE:

The project tends to provide an in depth study of the status of migrant workers both in
Indian and International context focusing on the Interstate Migrant Workmen Act, 1979
and various other International Conventions. It further specifically discusses about the
migrant labourers in the state of Odisha and suggests measures so as to overcome their
exploitation.

RESEARCH QUESTIONS:

What all does social security of migrant workers include under international law?
How far is it incorporated in India?

What is the status of migrant workers in Odisha who move to other states for
work?

HYPOTHESIS:
The rights of migrant workers are not effectively enforced due to which they are
vulnerable to exploitation by the contractors.

CHAPTERISATION:
The first chapter, in furtherance of the introduction on Migrant Workers tends to focus
upon the rights to which they are entitled to in India. The second chapter, further,
discusses about the rights of Migrant Workers under International law and the social
security system available for them. Lastly, the third chapter concentrates on the position
of migrant workers in the State of Odisha and a few suggestions that can be adopted so as
to overcome their vulnerability. This is then followed by the conclusion.

CHAPTER 1: RIGHTS OF MIGRANT WORKERS IN INDIA

Given the background of migrant workers as stated above, the Interstate Migrant
Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted
to regulate the conditions of service of interstate labourers in India. The following are the
rights guaranteed to the migrant workers under the Act;

Wage, rates and other conditions of service

The provision relating to rate of wages, holidays, number of working hours and other
service conditions of interstate migrant workmen is covered under Section 13 of the Act.
It further recognizes that if any workman in any establishment performs the same or
similar kind of work which is also being performed by other workman in the same
establishment, then he is entitled for the same wages, no. of working hours, holidays and
other service conditions. It also states that no interstate workman shall under any
condition be paid less than the wages fixed under the Minimum Wages Act, 1948.
Further, such wages shall be paid only in cash and no other means.

Displacement Allowance

Section 14 of the Act provides that every inter-State migrant workman is entitled to a
displacement allowance at the time of recruitment, which may be either seventy-five
rupees or half of the monthly wages payable to him, whichever is higher and the same
shall be paid by the Contractor.

Journey Allowance

Section 15 of the Act provides that every interstate migrant shall be entitles to a journey
allowance. Such allowance shall be of a sum not less than the fare from the place of
residence in his State to the place of work in the other State. It shall be payable by the
contractor to the workman both for the outward and return journeys and such workman
shall be entitled to the payment of wages during the period of such journeys as if he were
on duty.

Other facilities

Section 16 of the Act states that it shall be the duty of every contractor employing interState migrant workmen to an establishment to which this Act applies,

to ensure that there is a regularity in payment of wages to such workmen;

to ensure that, irrespective of sex, there is an equal pay for equal work;

to ensure that workers are provided with appropriate conditions of work having
regard to the fact that they are required to work in a State different from their
own State;

to provide suitable residential accommodation to such workmen during the

period of their employment;

to provide protective clothing and prescribed medical facilities to the workmen;

and

Specified authorities of the state should be reported in case of fatal accident or

serious bodily injury to any such workman.

CHAPTER 2: MIGRANTS RIGHTS UNDER INTERNATIONAL LAW

Under International law, there is no universal definition of the term migrant. It refers to
people who voluntarily move to another region or country for their personal convenience
and for the prospects of their family, without any intervention from any external
compelling factor. What this essentially means is that refugees, displaced persons or
others who are forced or compelled to leave their homes are not considered to be
migrants. Initially, there were no human rights laws referring to migrants specifically
and rights under such laws meant for everyone, not recognizing the vulnerability of
migrants as a separate class. These laws were International Covenant on Civil and
Political Rights (ICCPR), International Covenant on Economic, Social and Cultural
Rights (ICESCR), International Convention on the Elimination of all forms of Racial
Discrimination etc.
It was only at a later stage that International Conventions pertaining to Migrant Workers
came into being. These instruments provide the required comprehensive legal framework

not only for protection of migrants human rights (including labour rights), but also for
the national and international migration policy. They include the following;

International Convention on the Protection of the Rights of all Migrant Workers

and members of their families

As the name of the convention suggests, it addresses the working condition of migrants,
making a provision for the number of working hours, safety measures, equal pay for
equal work and other necessary working conditions at workplace. However, it also
extends to include a list of protections for the family members of migrants. The motto of
this Convention is that workers are much more than just the economic factors of
production. It is a combination of rights already enumerated in the human rights treaties
and other rights specific to migrant workers (both regular and irregular) like right to
family reunification. A Committee is established by the Convention to regulate
implementation of the rights and duties guaranteed herein by states. One of the important
features under this Convention is that it guarantees every undocumented migrants and
their family right to recognition everywhere they go, thus providing them with certain
legal rights. The documented workers, on the other hand, enjoy a broader variety of rights
under the Convention, which includes forming trade unions, public work schemes, and
political participation to an extent, unemployment benefits, and training and education
opportunities. However, the Convention focuses on strengthening lawful immigration and
combating illegal immigration.

ILO Migration for Employment Convention, 1949 (C-97)

The Convention provides for treating both nationals and regular migrants with equality
and not discriminating between them on grounds of race, creed, sex or religion in relation
to working conditions, employment taxes, social security and access to justice and other
rights to which they are rightfully entitled.
The Convention and its accompanying recommendation (No. 86) though not a binding
instrument but provide useful guidelines on contract conditions, employee participation

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in job training or promotion, appeals against unjust termination of employment, matters

relating to right for family reunification, etc.
The Convention contains provisions relating to free access to medical services (Article
5), transfer of earnings and savings (Article 9), adequate and free services in relation to
job training and placement (Article 4), prohibits expulsion of migrants admitted
permanently, in the event of incapacity of work (Article 8) etc.

ILO Migrants Workers (Supplementary Provisions) Convention, 1975 (C-143)

The full title of Convention No. 143 is Convention concerning Migrations in Abusive
Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant
Workers. It consists of three parts and governments may exclude ratification of either
Part I or Part II of the instrument. Part I of the Convention reinforces basic human rights
of the migrant workers which shall be respected regardless of their status. It further
includes right to form associations, rights of undocumented migrant workers, elimination
of forced labour, elimination of any sort of discrimination, abolition of child labour etc.
Part II deals with the principle of equal opportunities in relation to job mobility,
recruitment, vocational training and right of family reunification etc.

The Social Security of Migrant Workers

As already discussed above, the ILOs constitution, right from the start, underlined the
need for prevention of unemployment, improvement of working conditions, protection of
workers from any sort of injury, disease or accident arising out of his employment,
recognition of equal remuneration for work of equal value principle. The ILO standards
with respect to the social security of migrant workers have two main objectives;

To ensure that both national and foreign workers are treated equally;

To ensure that a change in residence of workers does not result in any sort of a
loss of acquired rights or rights in the course of being acquired.

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The two conventions that hold relevance here are Convention No. 118 of 1962, on
equality of treatment of nationals and non-nationals in social security and Convention
No. 157 of 1982 along with Recommendation No. 167 of 1983, on maintenance of
social security rights. The terms of the applicability of the two Conventions differ,
though both cover the nine branches of social security. In case of Convention No. 118, a
state can accept its obligations for one of more branches. For example, India, with effect
from 19th August 1964, has ratified this convention and accepted branches (a) to (c)
namely; medical care, sickness benefit and maternity benefit. However, in case of
Convention No. 157, it will apply to the branches of social security for which the
concerned state has legislation in force. Only 4 countries have extended recognition to
this Convention, India not being one of them.
The following are certain social security rights guaranteed in the abovementioned
conventions;

Equality of treatment

Convention No. 118 establishes the principle of equality of treatment for non-nationals
(regarding both coverage and right to benefits), in respect of those branches of social
security for which a state has accepted obligations of the convention. This convention
works on the principle of reciprocity meaning it will apply to only those nationals of a
state who has ratified it. However, it applies to stateless persons and refugees, without
any such condition.

Maintenance of Acquired Rights and Provision of Benefits Abroad

Convention No. 118 stipulates a direct obligation to maintain acquired rights in respect of
long term benefits such as old age, survivors and employment injury benefits. This
obligation depends not on an agreement between the states concerned but whether the
two states are party to the Convention and whether they have accepted the obligations of
the convention with respect to the same branch.

Maintenance of Rights in Course of Acquisition

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During the course of migration to a different country or state, a migrant worker may lose
the benefit of duration of employment, contribution or residence (qualifying period) taken
into account while calculation of amount of benefits. Due to this, he may receive only a
reduced pension for long working life or asked to complete another extended qualifying
period. Thus, the two conventions require the states endeavor to maintain rights in course
of acquisition in conditions like the ones mentioned above.

Mutual Administrative Assistance and Assistance to Persons

Both the conventions call on the states to cooperate with each other by providing
administrative assistance in order to ensure effective functioning of the convention and
execution of their respective social security legislation.

CHAPTER 3: POSITION IN ODISHA

In Odisha, the issue in relation to the rights as well as the deprival of those rights of the
inter-state migrant workers has been prevalent for a very long time. The inter-state
migrant workers of Odisha are one of the most exploited groups of labourers around the
country. The gravity of the problem faced by the migrant workers from Odisha can be
understood by the fact that even before the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979, the state of Odisha had a separate
legislation to deal with the migrant labourers from the state. The Odisha Dadan Labour
(Control and Regulation) Act, 1975 was subsequently repealed by the central legislation
of 1979.

Statistical Data
The fact that job opportunities in the state of Odisha are few and far between, men and
women are forced to migrate to other states looking for jobs in order to sustain their

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families. On an average, close to 2 million people migrate out of Odisha in search of

work in other states. According to the report of the Labour Commission of Odisha, only
50,000 among them are registered which makes it virtually impossible to ensure that the
rights which the inter-state migrant workers are entitled to, such as minimum wage or
displacement allowance, are enjoyed by these migrant workers from Odisha.
Cause of Exploitation
It is clear that the enforcement of the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 in the state of Odisha is improper.
There is gross violation of the provisions of the 1979 Act in the state of Odisha, which
ultimately leads to the exploitation of the migrant labourers from Odisha who go in
search of jobs to other states. The mandatory provision of obtaining a license by the
contractor from both the states, the one to which the worker belongs as well as the one
where he is going to work, is not complied with at all. This makes the migrant workers an
easy target for exploitation.
The most common job for a migrant labour from Odisha is working in a brick kiln in
states such as Chhattisgarh and Andhra Pradesh. Moreover, many are also employed in
Surat in power looms. Majority of these workers are exploited by their contractors due to
their unawareness regarding their rights. Most of the migrant labourers, not only in
Odisha but all over the country, are lured by the contractors with the promise of better
wages and living conditions. Subsequently, these workers are displaced by such
contractors without the recognition of law and are exploited to a great extent. Therefore,
the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979 is not serving its purpose due to the ignorance as well as the lack of awareness
among the workers. Therefore, the government must ensure that the migrant workers are
made aware of their rights and are thereby prevented from being exploited by the
contractors, who are at present making a mockery of the system.
Suggestions for the betterment of migrant labourers
The state government of Odisha has to ensure that all the migrant labourers from the state
are registered so that the state government can easily maintain their records as well as
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ensure that they are availing their rights under the 1979 legislation. The amenities that are
required to be provided to the workmen would include provision of suitable residential
accommodation, adequate medical facilities, protective clothing to suit varying climatic
conditions and suitable conditions of work taking into account that they have migrated
from another State.
The exploitation of the migrant workers not only affects the particular individual but has
an impact on the whole family, whose needs are dependent on the migrant worker.
The majority of the migrant workers from Odisha are from six districts, all of which are
situated in Western Odisha, the poorest part of the state. These six districts are Koraput,
Bolangir, Kalahandi, Bargarh, Naupada and Malkangir. The Government of Odisha must
make special provisions with regard to these districts and must look to create
employment opportunities within the state so that the workers do not have to face
problems such as displacement. There have been situations where the contractors have
exploited the workers to such an extent that they have been driven to the point of
committing suicides. This is clearly against the constitution of India and must be totally
eradicated.
A migrant worker from Boudh District, Bibeka Chinda, who worked in a brick kiln in
Andhra Pradesh, died of severe burns after he tried to commit suicide by holding a live
wire. In a dying declaration, he alleged that the owners of the brick kiln gang-raped his
wife and killed his children in front of him. Many other labourers have to suffer a similar
plight but such incidents are not brought into the limelight.
Moreover, recently the Odisha state Government confirmed a report of the chopping off
of the hands of two migrant workers from the state of Odisha by a brick kiln contractor in
Andhra Pradesh. The Supreme Court, after taking suo motu cognizance of the matter,
slammed the Odisha Government for turning a blind eye to the plight of the migrant
workers who were taken to other states by unscrupulous contractors and middlemen and
were subsequently exploited and were forced to live in sub-human conditions.
Steps taken by Odisha Government

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The Odisha Government, in response to the increasing exploitation of the migrant

workers of the state, has launched special drives to register the migrant labourers from
Odisha working in different states all over the country. The registration of workers would
ensure that they are protected under law and are also less prone to exploitation by the
contractors and middlemen who hire them for work. The effort is aimed at covering the
migrant labourers under different social security schemes of the state government.
Moreover, the state Government has decided to set up special labour cells in the state to
monitor inter-state migration and thereby, keep tabs on the contractors and agents who
indulge in illegal labour practices. The Government has to focus on the Western region of
Odisha as the majority of the migrant labourers are from that part of the state.
The state Government must also improve the employment situation within Odisha and
look to create job opportunities within the state. This would reduce the number of migrant
workers as people would look to find jobs within the state. Moreover, it would reduce the
problem of displacement faced by each and every migrant worker who is employed in
another state.
The state Government has to raise awareness regarding the rights of the inter-state
migrant labourers. One of the primary reasons for their exploitation is the unawareness
among the workers regarding their rights. Therefore, the government must create a
mechanism to make these migrant workers from the state aware about their rights as an
inter-state migrant laborer, which would ultimately lead to less exploitation of these
groups of workers.

CONCLUSION:

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It is evident that in todays globalized world, migration has become an important factor in
the overall economy of the world. Migration ensures that cheap labour is available to
industries around the world as well as ensures employment to the weaker sections of the
society. Therefore, migration has a dual benefit. However, people generally migrate out
of necessity which arises due to their financial situation. Therefore, as we have seen,
migrants generally belong to the lower strata of the society.
It is evident from empirical data that migrant labourers play a crucial role in the
development of the economy. They provide labour to industries at a cheap price which
ultimately leads to the growth of the particular industry, which in turn leads to the overall
growth of the country. However, due to the vulnerable position they occupy in the
society, the migrant labourers are exploited to a great extent by the contractors. They take
advantage of the unawareness of these labourers and force them to work in inhumane
conditions for their selfish motive. These contractors deny those basic rights to which
they are entitled such as minimum wage, journey allowance, humane conditions of work
and other such facilities.
It is high time that the government, both at the state as well as central level, recognizes
the plight of these migrant labourers and takes immediate as well as effective steps to
curb the exploitation that is meted out to these workers. The Government must ensure
that the provisions of Interstate Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 are enforced and thereby, the rights of these migrant
workers are protected.
The Government must raise awareness among these labourers, who belong to the lower
strata of the society, regarding their rights so that they do not face exploitation by the
hands of the contractors. It should be recognized that these classes of people are a vital
cog in the wheel of development of India and therefore, enforcement of their rights
should be given paramount consideration.

BIBLIOGRAPHY:

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