In exercise of the powers conferred by section 35 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of service) Act, 1979 (30 of 1979) the Government of Gujarat made the following rules further to amend the Inter-State Migrant Workmen (Registration of Employment and Conditions of Service ) (Gujarat) Rules, 1981 viz.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Gujarat) (Amendment) Rules, 2021 which shall come into force on the date of their final publication in the Official Gazette.
Let us take a look at the items listed for amendments and what are the changes :
- Rule 11 (2) (xii) which specifies “a copy of the license shall be displayed prominently at the premises where the migrant workmen are employed”, has been deleted.
- Rule 41 (17) which specifies “The accounts pertaining to the canteen shall be audited once every twelve months by registered Accountants and Auditors”, has been deleted.
- In Rule 52 (2) which specifies “Displacement-cum-outward journey allowances sheet and return journey allowances register”, the following proviso has been inserted,
“Provided that such authentication may not be required in case of electronic payment”.
- Rule 54 which specifies “Display of an abstract of the Act and the Rules”, has been deleted.
Generally speaking, let us go back to the Principal Act for the sake of understanding the applicability of the Inter-State Migrant Workmen Regulation of employment and Conditions of Service Act 1979, Act.
This is an Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith and extends to the whole of India
The next question that comes out from the regulation of this Act is, then who is exactly an interstate migrant worker?
An interstate migrant worker includes persons who move from one state to another for employment on their own in addition to those workers who are recruited by contractors from one state to another for employment. These people offer their services on a temporary, usually seasonal basis.
How many migrants are in India and outside India?
United Nations: India has the largest diaspora population in the world with 18 million people from the country living outside their homeland in 2020, according to a report by the United Nations, which says the UAE, the US, and Saudi Arabia host the largest number of migrants from India.
What are 4 types of migration?
There are four major forms of migration: invasion :
conquest, colonization and emigration/immigration.
Persons moving from their home due to forced displacement (such as a natural disaster or civil disturbance) may be described as displaced persons or if remaining in the home country, internally displaced persons.
What are the causes of labour migration?
Economic and demographic Poverty, unemployment, low wages, high fertility rates, and lack of basic health and education. Prospects of higher wages, the potential for an improved standard of living, and personal development. Political Conflict, insecurity, violence, poor governance, and human rights abuses.
What are the problems of labour migration?
Migrant workers are more vulnerable to violations of their fundamental rights, concerning forced labour, child labour, non-discrimination, equal treatment, and freedom of association and collective bargaining, and are more likely to work excessive hours, under unsafe conditions and be paid less than the legal minimum.
What are the main problems faced by migrant Labour in India?
The migration can be permanent, semi-permanent, seasonal, or circular. The challenges faced by the migrant labour include their inability to cope with the diversity of culture, language, access to identity documentation, social entitlements, social and political issues, housing, and exploitation.