INTER-STATE MIGRANT WORKERS are already leaving the country’s industrial hubs as shortages of commercial LPG and piped natural gas have disrupted access to affordable food, making survival in native places easier than in urban industrial areas. What is less familiar is that the law meant to protect these workers when crisis strikes is about to get weaker, not stronger.
As per reports, the Union government is preparing to notify the rules under all four labour codes, with implementation expected as early as April. The Occupational Safety, Health and Working Conditions Code, 2020 (‘OSH Code’), which subsumes and repeals 13 legislations, including the Inter-State Migrant Workmen Act, 1979 (‘ISMW Act’), is unlikely to benefit inter-state migrant workers. These workers are employed across multiple sectors, including construction, manufacturing, mining, agriculture and other related activities. The ISMW Act provided detailed provisions on the facilities and welfare amenities to be provided to migrant workers, including journey allowance, displacement allowance, the issuance of passbooks, and accommodation requirements. Several of these protections have been omitted under the OSH Code.
