Sunday, April 9, 2017

Labour Migration and their Legal Implications in India!!!

Labour migration refers to the movement of individuals from one place to another for the purpose of work. In this, it includes crossing the boundary of a political or administrative unit for a certain time period.

Labour migrants face a number of challenges at their destination regardless of the duration of their stay. Some of these challenges usually an immigrant faces are long working hours, poor living or working condition, social isolation, political prohibition of poor access to basic facility, social prerogative, housing etc. Migration affects labour market at the place of origin. It also affects household and community levels by changes in relation. In the field of income, expenditure patterns and investment are affected by the migration.

National Labour Migration:-

India is the one of the fastest growing country. The main reason for this growth is rural to urban migration. Most of people cannot find economic opportunities in rural areas. Because of this they try to migrate to urban areas. This large scale movement is also due to the inter-regional disparities, differences between socioeconomic classes, encroachment of outsiders and skewed development policies.

Whatever may be the cause, there is no repudiate fact that the economic growth in India depends completely on the migration of labour. Economic and social impact on migrant’s family is variable. In some families, three out of four members may migrate. Migration is a safety valve in some poor areas.

Labour Laws in India:-

The Ministry of Labour and the Departments of Labor, at state levels, are responsible for formulating and implementing measures to protect migrant workers. There are some labour laws aimed to improve the conditions of migrant workers and stop their wringing.

  •  Inter State Migrant Workmen (Regulation and Conditions of Service) Act, 1979
  • The Minimum Wages Act, 1948
  • The Contract Labor (Regulation and Abolition) Act, 1970
  • Equal Remuneration Act, 1976
  • Building and Other Construction Workers (Regulation of Employment and   Conditions of Service) Act, 1996.

Enforcement of these laws carried out by both central and state government.

 International Labour Migration:-

International migration is a small proportion in India, though it has important local impacts. Since independence, two distinct migrations are visible that are technically qualified and professional exporters migrated to industrialized countries. Skilled and semi skilled workers have migrated to the Middle East. Migration to industrialized countries increases due to boom in Construction sector and oil industry between 1970 and 2000. Today 3 million migrants live in gulf countries. It has an impact on the national labour market. External migration also regulated by the government. The main instrument of regulation is the Emigration Act 1983, which gives the exit of Indian workers for overseas contractual employment and look on to safeguard their interests.

Quality of life and labour standards for the migrant workers in India:-

In India in consideration of wage policy, it has been noticed that male and female migrant workers get lower wages than minimum wages. They do not get the minimum, wages set forth under the minimum wages Act, 1948. Prolonged and flexible working hours, combined with low wages are outlined in the case of most seasonally migrant workers in India. At the same time female migrant workers paid lower than male workers at certain process. Here the principle of equal pay for equal work is not considered for the fixation of wage rates for contract basis male and female seasonal migrant workers as per the Equal Remuneration Act of 1976.

It has been noticed that migrant workers are not informed of their rights or labour rights,
Such as the right to equality, right to secure work, right to form an association, a living wage and a decent standard of life, right to freedom, security scheme, health, cultural and educational rights etc. There are various unorganized sectors. The workers in such sectors are victim of these issues.

Social security for migrant labour:-

The International Labour Organization is constitutionally bound to encourage social security programs and measures impart basic income to all in essential of protection. Social security systems provide nine types of sake as defined in the social security convention, 1952(102) namely, medical care, sickness and maternity, family benefits, employment injury, invalidity and survivor’s benefits, unemployment benefits, old age benefits etc. India is a founder member of the ILO. India has ratified 39 of the 182 conventions; however, it has not ratified the conventions connecting to two subjects. Freedom of organization and collective bargaining. It has been noticed that the employees have not fundamental, statutory and moral or equitable right to strike in the country.

The fact is, any citizen of the country should have the right to communicate his grievances. It is his fundamental right. It has been noticed that only the workers organized under the trade unions have the right to express injustice and to fight for rights. But what about the workers in the unorganized sector, workers who are not organized under any trade unions? Unquestionably, they belong to the lower strata of the society in correspondence to the organized workers. Who will protect the interests of the unorganized workers? Like migrant workers and contract based workers in different industries. Today, migrant workers as well as unorganized employees are fighting for labour rights and labour standards. There are various problems of migrant workers like the termination of contract labour system, execution of the provisions of the labour laws, an eight hours working day, payment of minimum of wages, social security schemes and insurance, labour welfare amenities. National Commission on Labour report found disparity in wage and working conditions.

Migrant workers, who are not regulated by any trade unions and their labour standards, aren’t protected by the government as well as trade unions. These migrant workers are illiterate, uneducated, and may belong to backward community. They do not get minimum wages stipulated under the Minimumwages Act. Today, the real issue is how to extend human rights to all parts of the labour market.

After independence, India has been embracing various labour policies and laws in order to improve working conditions of migrants. Its implementation is not completely effective. Therefore, migrant workers and workers in the unorganized sector are fighting for their labour rights and to implement the allocation of various labour laws as per International labour standards.

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