Migrant Workmen Act, 1979

The Interstate Migrant Workmen Act, 1979 is a legislation in India that regulates the employment and working conditions of migrant workmen. The act was passed to provide a framework for the regulation of the employment of migrant workmen in India and to protect their rights and interests. The Migrant Workmen Act 1979 is an important piece of legislation that protects the rights and interests of migrant workmen in India. It serves as a vital safeguard against exploitation and abuse by employers and helps ensure that migrant workers are treated fairly and equitably in the workplace.

Role of inter-state migrant workmen act 1979

The act stipulates that every migrant worker must be registered with the concerned district magistrate before he or she can be employed in any establishment. The act also requires that every employer must obtain a licence from the concerned authority before employing any migrant worker.

Advantages of inter-state migrant workmen act 1979

The Interstate Migrant Workmen Act 1979 has both advantages and disadvantages. On the one hand, the Act protects the rights and interests of migrant workmen and ensures that they are treated fairly and equitably in the workplace. This is a very important safeguard against exploitation and abuse by employers. On the other hand, the Act can be seen as discriminatory, as it only applies to migrant workers and does not cover local workers in the same way. Additionally, the Act is sometimes too rigid in its regulation of working conditions, which can make it difficult for employers to adapt work practices and processes appropriately to meet changing business needs.

Key features of ismw act

The Interstate Migrant Workmen Act, 1979 is a legislation in India that regulates the employment and working conditions of migrant workmen:

– The attack was passed to provide a framework for the regulation of the employment of migrant workmen in India and to protect their rights and interests.

– Every migrant worker must be registered with the concerned district magistrate before he or she can be employed in any establishment.

– The employer must obtain a licence from the concerned authority before employing any migrant worker.

– The act prescribes the minimum wage that must be paid to migrant workers and lays down the conditions under which they can be employed.

– It also provides for the establishment of tribunals to resolve any disputes or disagreements arising between migrant workers and their employers.

Critical analysis of  Interstate Migrant Workmen Act 1979

• The current unhappy situation of migrant workers as a result of the shutdown has exposed the shortcomings of their welfare system. Even though this legislation was passed by both houses of the state legislature in 2017, and despite its inclusion of language allowing it to be used against any non-compliant entity, there is still no indication that it has been implemented.
• Another consequence of poor implementation is the lack of government preparedness to put such well-intentioned but unworkable legislation into effect, as mandated, requiring not simply the maintenance of interstate worker records but also all other conditions relating to remuneration allowances, housing and medical care to be met.
• As a result, this legislation must be rationalised and made practical enough so that employers and contractors have incentives to come forward and register workers without being scared of harsh penalties or onerous social safety requirements.

Scope of Improvement in  Inter-State Migrant Workmen Act, 1979

• Migrant workers should be given the same benefits as other local people so that they may avoid spending more money on food grains and kerosene.
• For general public information and verification, every state government should operate an internet portal that lists the registered principal employers, contractors, businesses, and interstate workmen. The details of interstate workers must be supplied promptly by the main employers and contractors. Non-compliance by the primary employers or contractors is treated as a violation of the ActAct, and they are liable for punishment.
• All employers/contractors in a state shall be audited by the state government authorities on an annual basis to ensure that interstate workers are deployed lawfully and submit an annual compliance status or implementation report to the state legislature for review.
• Within this framework, the following are some of how social protection architecture should be developed: Additionally, a mechanism for transferring services like PDS, health insurance, and education must be established to guarantee easy and equal access for migrants.

Conclusion:

Despite its increasing tendency of around 4.5% each year between states, migrants in destination places continue to face difficulties in sustaining themselves there. Certainly, the present situation of these migrants as a result of the shutdown exposes that this legislation has been ineffective in mitigating the social and economic marginalisation of migrant labourers. The obvious conclusion derived from this sorry episode casts doubt on the overall success of the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (ISMW), as well as its role. This was the complete guide.