Lok Sabha Question No. 943 (UNSTARRED), answered on 2021-02-08
Subject: Labourers Exploited in Private Sector
Ministry: LABOUR AND EMPLOYMENT
Asked by: Subrata Pathak, Ravi Kishan Shukla

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 943

## TO BE ANSWERED ON 08.02.2021

## LABOURERS EXPLOITED IN PRIVATE SECTOR

†943. SHRI SUBRAT PATHAK: SHRI RAVI KISHAN:

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

- (a)whether the labourers working in private sector are being exploited and they are forced to work in undesirable conditions despite the laws and provisions made by the Government in this regard;
- (b)if so, the details thereof and the reasons therefor;
- (c)whether  the  Government  is  preparing  any  scheme  to  address  the said issue and if so, the details thereof;
- (d)whether migration also plays a very important role in this and if so,
- the steps being taken by the Government to check this;
- (e)whether the Government has made certain new provisions to save labourers from exploitation and if so, the details thereof?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a) to (c): Labour being under the Concurrent List, the enforcement of labour  laws  is  done  by  the  State  Governments  and  the  Central Government  in  their  respective  jurisdictions.    While  in  the  Central Sphere,  the  enforcement  is  done  through  the  Inspecting  Officers  of Central Industrial Relations Machinery (CIRM), the compliance in the State  Sphere  is  ensured  through  the  State  Labour  Enforcement Machinery.

A  well-established  CIRM,  comprising  of  a  country  wide network of Deputy Chief Labour Commissioners and Regional Labour Commissioners  under  the  control  of  Chief  Labour  Commissioner (Central), is in place to enforce various labour laws in Central Sphere. This  Machinery  is  mandated  to  take  necessary  action  to  redress/ the enforcement  of  various  labour  laws.  For  effective  implementation  of various labour laws, regular inspections are conducted by the Officers settle the grievances/ complaints/ claims arising out of of CIRM.

(d) & (e): In  order  to  safeguard  the  interest  of  the  migrant  workers, the Central Government had enacted the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.  This Act has now been subsumed in the Occupational Safety, Health and Working Conditions Code, 2020, which has been notified on 29.09.2020.   The above mentioned Code provides for decent working conditions and  protection from exploitation to all categories of organised and unorganised workers, including migrant workers.  The relevant provisions of the Code are applicable to every establishment in which 10 or more inter-state migrant workers are employed or were employed  on  any  day  of  the  preceding  12  months.    The  Code  also provides for maintenance of data base or record for inter-state migrant workers, besides extending portability of benefits and other protections.

To provide the welfare of workers, including migrant workers,  on  matters  relating  to  life  and  disability  cover,  health  and maternity  benefits,  old  age  protection  benefits,  education  etc.,  the Government has notified Social Security Code, 2020 on 29.09.2020

The Government has also notified the Code on Wages, 2019 and the Industrial Relations Code, 2020 on 08.08.2019 and 29.09.2020 respectively to further strengthen the protection available to workers, including  migrant  workers,  in  terms  of  statutory  minimum  wage  and industrial disputes mechanism.

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