The Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979 – Brief Notes

The Interstate Migrant Workmen (regulation of employment and conditions of services) Act is an Act which is enacted in order to protect inter-state migrant workmen from exploitation in states which is not their native state. The act creates a provision to employ workers from other states in case there is a lack of skilled workers in that particular state.

Following are the rights of inter-state workers:

-Equal or better wages for the similar nature of work performed by the local workmen or by adhering to the stipulations mentioned under Minimum Wages Act, whichever amount is more.

-Termination of contract after the lapse of time without any liability

-Displacement allowance

-Home journey allowance

-Medical facilities and proper accommodation free of charge

-Right to lodge a complaint with the authorities within 3 months of the occurrence of the incident.

  • All contractors that employ five or more interstate migrant workers have to be registered, need to provide details about the workers intermittently to the government and maintain a register of details of workers which may be made subject to government scrutiny.
  • Any case of serious injury or a fatal accident occurring during employment has to be reported by the contractor to authorities and next of kin of the worker.
  • The principal employer is responsible to appoint a representative in his place to look overpayment of wages and he is also responsible to pay the wages in case the contractor fails to do so.
  • The worker or in case of his death, his next of kin can apply for legal aid if he is a party to a dispute relating to the payment of wages, minimum wages or industrial disputes. The authorities will provide an advocate and take care of expenses if the application is approved.
  • Violation of the provisions of the Act attracts imprisonment up to 2 years and/or fine up to Rs. 2000.