Interstate Migrant Workmen Act 1979
Interstate Migrant Workmen Act 1979
Interstate Migrant Workmen Act 1979
This Act makes provision for availing with the onsite services of interstate workers by
the contractors / establishments to overcome only the temporary shortage of required skilled
workers in a state. The purpose of this act is not to encourage interstate migration of workers
against the interests of local workers as the principal employers would have to incur more cost
in deploying interstate workers.
Objective
(1) This Act may be called the Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service) Act, 1979.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint:
Provided that if the Central Government considers it necessary or expedient so
to do in the public interest, it may postpone or relax, to such extent as may be specified
in such notification, the operation of all or any of the provisions of this Act in any State
or States for such period not extending beyond one year from the date on which this
Act comes into force.
Applicability
(4) It applies-
a) to every establishment in which five or more inter-State migrant workmen
(whether or not in addition to other workmen) are employed or who were
employed on any day of the preceding twelve months;
b) to every contractor who employs or who employed five or more inter-State
migrant workmen (whether or not in addition to other workmen) on any day of
the preceding twelve months.
Definitions Section 2
(ii) in relation to any other establishment, the Government of the State in which that other
establishment is situated;
In addition to the general labour laws applicable to all workers, the interstate workers
are entitled with
➢ Equal or better wages for the similar nature & duration of work applicable for the local
workmen or stipulated minimum wages under the Minimum Wages Act, 1948
whichever is more,
➢ Displacement allowance (Section 14),
➢ Home journey allowance (Section 15) including payment of wages during the period of
journey,
➢ Suitable residential accommodation and medical facilities free of charge on mandatory
basis.
➢ Termination of employment after the contract period without any liability.
➢ Right to lodge compliant with the authorities within three months of any incident,
accident, etc.
DISPLACEMENT ALLOWANCE:
The contractor shall pay in addition to the wages or other amounts payable to a migrant
workman at the time of recruitment, a displacement allowance equal to 50% of the monthly
wages Payable to him or Rs.75/-whichever is higher. Which shall not be refundable and is an
additional benefit payable by the contractor. (Section-14)
JOURNEY ALLOWANCE:
The contractor shall pay a journey allowance of a sum not less than the fare from them
place of residence of the work man to the place of work to the workman for the outward and
return journeys. The Workman is also entitled to payment of wages during the period of such
journeys as if he were on duty. (Section-15)
Constitutional Provisions
Article 14, Article 15, Article 16, Article 21