Inter-State Migrant Workmen Act 1979, Labour Laws in India

Published on 29 September 2025 by
Inter-State Migrant Workmen Act 1979

Labour laws in India are designed to protect the rights of workers and ensure fair working conditions. Among these, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 plays a crucial role in safeguarding workers who move from one state to another for employment. With rapid industrialization and increased mobility of labour across states, migrant workers became highly vulnerable to exploitation, unsafe working conditions, and delayed wages. This Act provides a legal framework to regulate their employment, wages, and welfare, ensuring that migrant workers are treated fairly and their rights are protected.

Inter-State Migrant Workmen Act 1979

Before the Inter-State Migrant Workmen Act 1979, the inter-state migrant workers often faced poor living conditions, lack of social security, and irregular payments. Many employers exploited the workers’ vulnerability due to their displacement, and there was no standard procedure for recruitment or employment. The enactment of this law ensured a structured approach to recruitment, work conditions, and welfare measures, thereby promoting fairness and accountability in employment practices.

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Background of the Inter-State Migrant Workmen Act, 1979

India has always witnessed significant inter-state migration of workers, particularly in sectors such as construction, mining, plantations, and manufacturing. During the 1970s, reports highlighted the exploitation of these workers, who often lacked legal protection, adequate housing, and timely payment. To address these issues, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted. The law came into force on 1st September 1979 and was aimed at ensuring the welfare, fair treatment, and rights of migrant workers while promoting accountability among employers and contractors.

Objectives of the Act

The main objectives of the Act focus on regulating employment, ensuring fair treatment, and providing welfare facilities to inter-state migrant workers.

  • Regulation of Recruitment: The Act ensures that contractors and employers follow proper procedures while recruiting workers from other states, preventing illegal or exploitative hiring practices.
  • Guaranteeing Wages: It mandates timely payment of wages to migrant workers at par with local employees performing similar work, reducing financial exploitation.
  • Provision of Welfare Measures: Employers are required to provide basic facilities such as housing, medical care, drinking water, and sanitation to ensure a safe and healthy working environment.
  • Protection from Exploitation: The Act safeguards workers from unsafe conditions, excessive work hours, and lack of legal recourse.
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Applicability of the Act

The Act applies to all establishments employing inter-state migrant workers through contractors and extends across the entire country.

  • Migrant Workers Covered: Workers recruited in one state for employment in another are included under the Act.
  • Employers and Establishments Covered: Both private and public establishments employing five or more inter-state workers through contractors must comply with the Act.
  • Contractors Covered: Contractors who recruit or supply migrant workers are required to register with the State Government and maintain detailed records.
  • Government Oversight: The State Governments are responsible for enforcement, registration of contractors, inspections, and taking action against violations.

Key Definitions under the Act

The Act provides clear definitions to ensure proper implementation and enforcement.

  • Inter-State Migrant Workman: A worker recruited in one state and employed in another state for any work or service.
  • Contractor: Any person or entity that recruits, supplies, or employs inter-state migrant workers.
  • Establishment: Includes factories, plantations, construction sites, or other industrial and commercial establishments employing migrant workers.
  • Appropriate Government: Refers to the State Government where the establishment is located, which oversees registration, enforcement, and inspections.
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Important Provisions of the Act

The Act includes provisions to protect the rights of inter-state migrant workers and regulate employment conditions.

  • Registration of Contractors: All contractors recruiting or supplying migrant workers must obtain registration from the State Government and maintain proper records of workers employed.
  • Payment of Wages: Employers must ensure timely payment of wages to migrant workers, which must be equal to the wages of local employees performing similar tasks.
  • Provision of Housing and Welfare Facilities: Adequate accommodation, safe drinking water, sanitation, medical care, and canteens must be provided for the workers.
  • Working Hours and Leave: The Act regulates working hours, ensures weekly holidays, and mandates overtime payment for extra work.
  • Inspection and Penalties: Labour inspectors are empowered to inspect establishments, examine records, and penalize employers or contractors for violations, including fines and imprisonment.

Amendments and Modern Relevance

Over the years, the Act has been amended to strengthen protections for migrant workers and improve enforcement.

  • Penalties for non-compliance have been enhanced to deter exploitation of migrant labour.
  • Contractors are now required to maintain detailed records and provide transparency in recruitment practices.
  • Integration with other labour welfare schemes ensures workers’ health, housing, and social security benefits.
  • The Act remains relevant as inter-state migration continues to be a significant aspect of India’s labour market.
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Importance of the Act

The Act is vital for ensuring fair treatment, welfare, and protection of inter-state migrant workers, who are often among the most vulnerable segments of India’s workforce.

  • Worker Protection: Prevents exploitation, ensures timely payment of wages, and provides welfare facilities for migrant labourers.
  • Regulation of Employment: Standardizes recruitment practices and holds contractors accountable for compliance.
  • Social Security: Promotes access to housing, medical care, and sanitation facilities for workers.
  • Foundation for Labour Reforms: Strengthens India’s broader labour law framework and safeguards vulnerable migrant employees.

Relevance for UPSC EPFO and Other Exams

For aspirants of UPSC EPFO, SSC, State PSC, and labour law exams, this Act is highly relevant.

  • Questions often cover the definition of inter-state migrant workmen, registration of contractors, welfare provisions, and penalties.
  • Understanding this Act helps aspirants link it with other labour laws like the Factories Act, 1948, and the Minimum Wages Act, 1948.
  • Knowledge of the Act reflects India’s approach to protecting interstate migrant workers and promoting fair employment practices.

FAQs

1. What is the Inter-State Migrant Workmen Act, 1979?
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 protects workers who migrate across states for employment, ensuring fair wages, welfare, and safe working conditions.

2. Who is considered an inter-state migrant workman under this Act?
An inter-state migrant workman is a person recruited in one state for employment in another state, particularly through a contractor or employer, and covered under this Act for protection.

3. What are the key provisions of the Inter-State Migrant Workmen Act, 1979?
Key provisions include registration of contractors, timely payment of wages, provision of housing and medical facilities, regulation of working hours, and inspection by labour authorities.

4. How does the Act protect migrant workers from exploitation?
The Act prevents exploitation by ensuring fair wages, welfare facilities, regulated working hours, weekly holidays, and penalties for employers or contractors violating its provisions.

5. Why is the Inter-State Migrant Workmen Act important for UPSC EPFO and other exams?
The Act is important for UPSC EPFO, SSC, and State PSC exams as questions often cover definitions, contractor registration, wage rules, welfare measures, and penalties for non-compliance.