Lok Sabha Question No. 5833 (UNSTARRED), answered on 2017-04-10
Subject: Protection of Rights of Migrant Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: C. MAHENDRAN

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 5833 TO BE ANSWERED ON 10.04.2017

## PROTECTION OF RIGHTS OF MIGRANT WORKERS

5833. SHRI C. MAHENDRAN:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether  the  Government  proposes  necessary  legal  and  policy framework to protect the interests of the migrants in the country;
- (b)if so, the details thereof;
- (c)whether it is a fact that the migrant population makes substantial contribution to economic growth and so it is necessary to secure
- their constitutional rights;
- (d)if so, the details thereof;
- (e)whether  the  Government  also  proposes  to  use  the  Construction Workers  Welfare  Cess  Fund  to  promote  rental  housing,  working women hostels etc. for the benefit of migrants; and
- (f)if so, the details thereof?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

- (a) & (b): A  legal  framework  to  protect  migrant  workers  in  the country was put in place with the enactment of the Inter-State Migrant Workmen  (Regulation  of  Employment  and  Condition  of  Service)  Act, 1979.  The  Task  Force  constituted  for  amendment  of  Labour  Laws concerning women and children, had inter-alia, recommended that the title  'Inter-State  Migrant  Workmen  (Regulation  of  Employment  and Condition  of  Service)  Act,  1979'  may  be  changed  as  'Inter-State Migrant Workers (Regulation of Employment and Condition of Service) Act, 1979' in order to make it gender neutral. Government  decided  to

explore the option for amendments in the Inter-State Migrant Workmen (Regulation of  Employment  and  Condition  of  Service)  Act,  1979 through  executive  order.  However,  it  was  later  decided  that  four Codes will be formulated which will cover all the existing Legislations on Labour. It is proposed to incorporate the  above  mentioned recommendations  with  respect  to  migrant  workers  in  the  Code  on Occupational Safety, Health and Working Conditions (OSH).

- (c) & (d): Yes, Madam. The Government has enacted the Unorganized  Workers  Social  Security  Act,2008  to  provide  for  the welfare  of    unorganized  workers  on    matters  relating  to  :  life  and disability cover, health and maternity benefit; old age protection and any  other  benefit  as  may  be  determined.  The  Rashtriya  Swasthya Bima Yojana (RSBY) provide health  insurance coverage for  certain categories  of unorganized workers which includes migrant workers. Beside,  the    Government  has  launched  various    schemes  such    as Atal Pension Yojana, Pradhan Mantri Jeevan  Jyoti Bima Yojana and Prandhan  Mantri    Suraksha    Bima  Yojana  for  all  citizens  especially targeting   unorganized workers.
- (e) & (f): The Government  has  enacted  the  Building and other Construction  Workers(Regulation  of  Employment  and  Conditions  of Service)  Act,1996  and  the  Building  and  other  Construction  Workers' Welfare Cess Act,1996 to regulate  the employment and conditions of service of building and other construction workers and to provide for their safety ,health and welfare measures.

The State Building and other construction Workers' Welfare Boards of the respective states have formulated welfare schemes to provide    benefits  to  building  and  other  construction  workers  as mandated  under  Section  22  of  the  Act.  The  Government  has  issued specific directions under Section 60 of the   Act   to promote rental housing  vide  it order  No.Z-20011/05/2015-BL dated  5 th  August 2015, that the State  Government /UTs should create rental housing stocks for workers as a Welfare measure.

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