The violation of labour rights by employer companies is a grave concern. Migrant workers are especially vulnerable since they lack social security along with economic freedom. Their migration is out of necessity and not a choice. Access to food is not the only problem or solution. Covid-19 pandemic has really uncovered the lack of government’s commitment to protect the most vulnerable population of the country. The article discusses the rights of migrant workers and international policy regarding the same.
Rights of workers are protected under the Constitution of India as well as various Labour Laws of India. According to the Indian law, a migrant worker is a person who migrates either within their own state or from one state to another state in search of employment or work opportunities. The term includes any person who is engaged or employed in a particular establishment or industry, and who is required to move from one place to another within the state or outside the state for the purpose of employment.
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 defines migrant workers as “any person who is recruited by or through a contractor in one state under an agreement or other arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer in relation to such establishment.”
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (ISMW Act) defines a migrant worker in India. According to the act, a migrant worker is a person who:
1. Is employed or hired to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work in a state other than his native state.
2. Has migrated on his own or with his family members or with or without the help of a contractor or a middleman.
3. Is not a casual worker or a local worker in the state in which he is employed.
Additionally, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 also recognizes migrant workers as those who are employed in the building and construction sector and who move from one place to another within the state or outside the state in search of work.
The following are the guidelines for the protection of migrant workers in countries experiencing conflict or natural disasters. These Guidelines were drafted as a part of Migrants In Countries In Crisis Initiative (MICIC). MICIC was launched in 2014 at the Global forum on Migration and Development in Stockholm.
There are 15 guidelines with respect to the protection of rights of Migrants. Out of those 15 guidelines, a few have been discussed below:
1. Track information on conflicts and natural disasters, and potential impact on migrants – For protecting the migrants, it shall be the responsibility of the State, international organisations, and civil society to understand risks and exposure to crises in regions, countries, and localities. They are responsible to understand the ways in which crises can affect people, including migrant workers, and their assets.
2. Empower migrants to help themselves, their families, and communities during and in the aftermath of crises – By addressing the root causes of vulnerability, states, private sector actors, international organisations, and civil society may foster migrant resilience and enable migratory populations to assist themselves during and after a crisis.
3. Involve migrants in contingency planning and integrate their needs and capacities – States, International Organisations, and Civil Society, all have contingency plans and procedures to react to and mitigate the risks associated with crises. Contingency plans should take into account and integrate the potential needs and capacities of the migrants.
4. Facilitate Migrants’ ability to move to safety – Like many other affected groups, migrants will attempt to flee to safety in the moments following the occurrence of a conflict or natural disaster by moving within the host country to regions unaffected by the crisis, across borders to States of transit as a temporary haven, or returning to their home countries. Migrants seeking safety may face barriers in meeting visa requirements, securing immigration exit visas, paying immigration fees or penalties for overstay, and fulfilling entry requirements. Waiving restrictions or lifting penalties for violating restrictions during a conflict or natural disaster can help save lives and improve migrants’ access to help.
The existing labour legislation is wrought with inequities and inconsistencies. Migrant and daily wage earners are left with little to no protections in case of disasters. Some suggestions have been made to the existing Indian labour acts for the protection of migrant workers during natural and man-made disasters and for overall labour welfare.
Our structural framework should include a disaster management policy that outlines the steps to be taken in case of natural or man-made disasters. The act should also ensure that migrant workers have access to safe and secure temporary shelters during disasters. These shelters should basic amenities such as food, water, and medical facilities. Free shelters will also allow for the efficient rehabilitation of migrant workers affected by calamities while ensuring that they are able to live in a secure and stable environment. The existing legislation should be amended to include provisions for ensuring the health and safety of workers during disasters. This may include provisions for providing personal protective equipment, training on disaster preparedness, and access to medical care.
Migrant workers should also have access to information about the risks of disasters and the measures being taken to address them. This can be achieved through the provision of education and awareness programs. Although the Right to Information exists, access to such legal rights is arduous for poorer sections of the society. The legislation should require governmental and non-governmental employers to hold provisions ensuring insurance coverage to workers in case of disasters. This can help to mitigate the financial impact of disasters on workers and their families.
Such changes to the act and the Indian labour framework will allow for the protection and rehabilitation of migrant workers in times of, and after emergency situations.
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