My construction company in Jamnagar brings workers from another state; what are our obligations under the Inter-State Migrant Workmen Act?
AS Asked by Ashok Yadav from India
Quick Answer
Under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, every contractor or principal employer who employs five or more inter-state migrant workmen must obtain a registration certificate and a licence respectively.
Detailed Legal Analysis
Under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, every contractor or principal employer who employs five or more inter-state migrant workmen must obtain a registration certificate and a licence respectively. The employer must pay the workers the prescribed minimum wages, provide a displacement allowance equal to fifty percent of the monthly wage or fifty rupees whichever is higher, and a journey allowance for to and fro travel.
The employer must maintain registers of migrant workmen, provide suitable accommodation, and ensure medical facilities. The Gujarat High Court may be approached for enforcement of the workers' rights.
The Gujarat Rent Control Act 1999 on migrant labour may have additional state-specific rules. Non-compliance attracts imprisonment up to one year and fine, and the contractor's licence may be cancelled.
The employer must also issue a passbook to each migrant worker with details of employment, wages, and deductions.
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