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:-
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 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.
Connect with Licit for knowing more about your Labour
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