About 140 million of India’s provincial poor move occasionally to urban communities and businesses looking for work. These are migrants who move to and fro across the country. The migrant labourers usually come from impoverished areas to the more well-to-do metropolitan and modern pockets of the country. Urban communities and modern groups have consistently been the significant magnets of Migrant laborers, states, for example, Kerala has become huge managers of significant distance transients. Despite the fact that these migrant labourers are migrating in such large numbers, states and industry to a great extent have not been able to give migrant laborers legitimate or social security.
Reason for migration of labourers
Given the diversity of the nations in the nature of migration and the causes are also bound to vary. Both, the pattern of development and the social structure, influences the migration in the country. The country is not developed evenly in all parts and therefore it becomes a reason for migration as People migrate towards development regions for better job/work opportunities. People from not so financially well-to-do areas relocate to metropolitan areas for making money. Some labourers relocate for a better standard of living. Another reason for relocating is the exhausted resources. For example, excessive fishing will exhaust marine assets and the fishermen are forced to relocate to a new spot or find another job which again demands migration to a different place.
Laws concerning Migrant Laborers
Our Constitution protects the labour rights of migrant workers as it is circumscribed within the Fundamental Rights and the Directive Principles of State Policy under Part IV of the Constitution. These provisions ensure that basic rights are guaranteed in the workplace. The Preamble of our Constitution projects that the Indian laws promote social justice for workers and the government has initiated many schemes towards promoting the social welfare of migrant workers. Along with the government social- security schemes there are some specific legislations that deal with the protection of migrant laborers. Some legislations concerning migrant laborers in India are:
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
The main purpose of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is to benefit migrant workmen. The entire legislation is spread over seven chapters. The legislation requires the establishments that employ inter-state migrant laborers to register themselves. It includes provisions for licensing of contractors, prescribes the duties and obligations of contractors, provisions for welfare facilities, etc. that need to be provided to the workers.
Payment of Wages Act, 1936
The Payment of Wages Act, 1936 has been implemented with the objective to ensure the regular and prompt payment of wages to the labourers. Untimely payment of wages is also considered as exploitation of labourers. It is the right of the labourers to be paid and to be paid on time. The act also prevents the imposition of arbitrary fines on migrant labourers.
Employees’ Compensation Act, 1923
Another important legislation that provides protection to workers is the Employees’ Compensation Act of 1923. This act is applicable to both migrant and non-migrant labourers, it is applicable generally to all labourers. With the increasing use of machinery and technology labourers are compelled to work with machines that are dangerous and might even risk their lives. The laborers working with huge machines are prone to accidents. The labourers are faced with difficulty when any accidents occur as they struggle with the expenses for the treatment the act protects the workers from such hardships.
Equal Remuneration Act, 1976
Discrimination on the basis of caste and gender is a very serious problem among the labour class. Women are often not paid equal to men for the same work done by them. Therefore, The Maternity Benefit Act, 1961 was implemented to ensure equal payments for equal work. These acts safeguard all labourers from the Arbitrariness of the Employers.
Minimum Wages Act, 1948
The Minimum Wages Act, 1948 safeguards the rights of migrant workers by ensuring a minimum payment of wages. The act was implemented for the purpose of reviewing and reviewing the minimum rate of wages to be paid to the labourers. This act especially protects the interests of the workers in the unorganized sectors as they are more prone to exploitation.
The Maternity Benefit Act, 1961
This Act The Maternity Benefit Act, 1961 is another significant legislation that protects the rights of female labourers. The main object of the Act is to achieve social justice for women workers. This act is applicable for all female workers both migrant and non-migrant workers. The act ensures the welfare of the female workers before and after the pregnancy.
The Unorganised Workers’ Social Security Act, 2008
Many migrant workers are engaged in the unorganized sector and can be subjected to exploitation by the employer. The act was implemented with the objective of providing social security to workers in the unorganized sector. Migrant workers are covered under the scope of this Act.
Monetary development in India today depends on the versatility of work. The commitment of migrant laborers to the economy is colossal yet a lot has to be done in terms of their security and prosperity. There is a pressing requirement for answers, for change, for a more honorable and remunerating opportunity. Without this, the development of a country will stay an extremely far-off dream.