Why migrant workers’ issues recur?

What’s in today’s article?

• Why in news?
• What are the different problems that migrant workers continue to face around the country?
• What is the legal framework for migrant welfare?
• Are there any states which have tried to implement the Inter-State Act?
• New Initiative of Jharkhand to generate migration data

Why in News?

• Rumours of migrant workers being assaulted in Tamil Nadu have triggered concern among manufacturers in the state. 
• Officials have rejected the reports as fake news, and political leaders and the administration have appealed to workers to not pay heed to the rumours.

What are the different problems that migrant workers continue to face around the country?

• Migrant workers in India continue to face several challenges and issues, some of which are:
  • Exploitation: often paid less than their local counterparts, poor working conditions and no job security.
  • Lack of legal protection: not covered by many labour laws.
  • Poor living conditions: often live in crowded and unhygienic conditions with inadequate facilities for sanitation, clean water, and healthcare.
  • Discrimination: face discrimination based on their ethnicity, language, and place of origin, which can lead to social exclusion and marginalization.
  • Lack of documentation: often lack proper identification documents, which makes it difficult for them to access government services, open bank accounts.
  • Forced labour and debt bondage
  • Lack of social security: do not have access to social security schemes such as pensions, insurance, and healthcare.
  • Lack of awareness: Migrant workers often lack awareness of their rights and entitlements, which makes them vulnerable to exploitation and abuse.
• There is inadequate coordination among states on a formal exchange of information on migrant workers. 
• In the absence of data, it is difficult to track labourers during times of crisis.

What is the legal framework for migrant welfare?

• The Inter-State Migrant Workmen Act, 1979 looks into the welfare of the labourers. 
  • The Act mandates that the establishment which proposes to employ migrant workers be required to be registered with destination states. 
  • Contractors will also have to obtain a licence from the concerned authority of the home states as well as the host states. 
  • However, in practice, this Act has not been fully implemented.
• This Act has been subsumed into the four broad labour codes notified by the Centre: 
  • The Code on Wages, 2019; 
  • The Industrial Relations Code, 2020; 
  • The Code on Social Security, 2020; and 
  • The Occupational Safety, Health and Working Conditions Code, 2020. 
• These have not been implemented yet.
• Also, the registration under the inter-state migrant workers’ act is negligible. This is due to:
  • Lack of awareness about the rights and the benefits of registration under the Act.
  • Complex registration process
  • Lack of enforcement: reduces the incentive for migrant workers to register.
  • Inadequate infrastructure to register and monitor the movement of migrant workers.
  • Fear of losing jobs: Migrant workers often fear that registering under the Act will lead to loss of employment, as employers may prefer to hire workers who are not registered.
  • Informal nature of work: Many migrant workers work in the informal sector, which is not covered by the Act, and hence, they are not required to register.

Are there any states which have tried to implement the Inter-State Act?

• In 2012, an MoU was signed between Odisha and Andhra Pradesh to track labourers migrating from 11 districts of Odisha to work in brick kilns in then-united Andhra Pradesh.
  • It was signed with the help of the International Labour Organisation.
• Kerala has set up facilitation centres for migrant workers whom the state refers to as “guest workers.” 
  • These facilitation centres maintain data regarding migrant workers arriving in Kerala as well as help migrant workers navigate any problems they might face. 
  • However, there is no data sharing between Kerala and the migrant workers’ home states.

New Initiative of Jharkhand to generate migration data

• Jharkhand has started the Safe and Responsible Migration Initiative (SRMI) in 2021. 
• It aims at enabling systemic registration of migrant workers for monitoring and analysis in the source as well as the destination districts. 
• The priority of SRMI is to generate data and then map the labourers who move out to several states for work.

Q1) What is ILO?

ILO stands for the International Labour Organization. It is a specialized agency of the United Nations (UN) that was established in 1919. The ILO is headquartered in Geneva, Switzerland, and has 187 member states.
 

Q2) What is the Code on Wages, 2019?

The Code on Wages, 2019 consolidates and simplifies the provisions of four existing wage-related laws, including the Minimum Wages Act, 1948, the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965, and the Equal Remuneration Act, 1976. The Code on Wages sets the minimum wages and working conditions for all workers in India.

Source: Why migrant workers’ issues recur: The absence of data and coordination between states