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Struggling with low wages, physical and sexual exploitation with safety and security are some of the challenges faced by the migrant workers in India and more specifically the unorganized sector.
According to UN General Secretary, Ban Ki-moon statement “Migration is an expression of the human aspiration for dignity, safety and a better future. It is part of the social fabric, part of our very make-up as a human family”.
Although, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted to regulate the condition of service of inter-state labourers in Indian labour law but this is the least implemented Act among all the legislations informed Dr. J. John.
He was sharing his views on the Act during the half day consultation on December 18, 2017 hosted by Caritas India on ‘Challenges and Solutions on Migrants Concerns in India’ on the eve of International Migrant Day. On the international Migrants day and not eve.
Under the Act, the element of registration of contractor and employment is a huge challenge in ensuring proper implementation. The Act stipulates at least 5 workers in an establishment to be able to avail the provisions of the act. Therefore, domestic worker coming from interstate and working in the houses cannot get the provisions of this act.
The law is discriminatory, as it does not cover the local labourers, whereas, the Law on migrant should be inclusive (Article 19 of the constitution- the right to work anywhere in India).
Subhash Bhatnagar from Nirmana informed that the current government wants to do away with all the labour laws and they are going to bring codes on social security, wage, industrial relationship and occupation which will cover all the workers.
Issues of working conditions and wages of migrant workers, identity, safety and security was highlighted by the representatives from Chetanalaya, CRS, CBCI office for Labour, Action Aid and Nari Shakti Munch. As an action plan the group felt that there is an urgent need to come together as a network to advocate for the citizenship rights, wage, health, housing and voting rights of all migrants. As the wage code does not have Dearness Allowance for workers and domestic workers are not covered under the wage code, all the participants decided to advocate for these provisions.
The group will reflect and have further discussion on global compact on migration, security and wage code and follow collective advocacy.
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