Lok Sabha Question No. 205 (STARRED), answered on 2025-12-15
Subject: Welfare of Migrant Labourers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Shri Dileshwar Kamait

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## STARRED QUESTION NO. 205 TO BE ANSWERED ON 15.12.2025

WELFARE OF MIGRANT LABOURERS

*205. SHRI DILESHWAR KAMAIT:

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

- (a) the details of the steps taken/being taken by the Government in all  the  States  including  Bihar  to  ensure  that  the  labourers  and workers  get  employment  in  their  home  district/State  itself  to minimise their migration; (b) the manner in which the Government ensures prompt repatriation of  the  dead  bodies  of  any  workers  to  their  hometowns  without causing hardship to their families in the event of an accident; and
- (c) the details of the steps taken/being taken by the Government to ensure  that  the  families  receive  pensions  without  any  extra efforts and unnecessary procedural hurdles in case of losing their sole earning member?

## ANSWER

MINISTER OF LABOUR AND EMPLOYMENT (DR. MANSUKH MANDAVIYA)

(a) to (c): A statement is laid on the Table of the House.

*                                        *****

STATEMENT REFERRED TO IN REPLY TO PART (a) TO (c) OF LOK SABHA STARRED QUESTION NO. *205 FOR REPLY ON 15.12.2025 RAISED  BY  SHRI  DILESHWAR  KAMAIT  REGARDING  WELFARE  OF MIGRANT LABOURERS.

(a) to (c): The four Labour Codes i.e. the Code on Wages, 2019, the Industrial Relations (IR) Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code,  2020  have  come  into  force  on  21.11.2025,  rationalizing  29 existing labour laws for better working conditions, safety, wages, social security & enhanced welfare for worker.

These new labour codes mandate appointment letters, universal minimum wages, nationwide social security for unorganised,  gig,  platform  and  interstate  migrant  workers,  free annual health check-ups, expanded rights for women to work in all sectors  including  night  shifts,  etc.  The  Codes  enhance  worker safety,  welfare,  and  social  protection  across  sectors  including unorganized workers.

Employment generation coupled with improving employability of the youth is a priority of the Government. Accordingly, Government is implementing various employment generation  schemes/  programmes.  These  inter-alia  include  Prime Minister's  Employment  Generation  Programme  (PMEGP),  Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), Deendayal  Antyodaya  Yojana-  National  Rural  Livelihoods  Mission (DAY-NRLM),  Deen  Dayal  Upadhyaya  Grameen  Kaushalya  Yojana (DDU-GKY), Rural Self Employment and Training Institutes (RSETIs), Deen Deendayal Antyodaya Yojana-National Urban Livelihoods Mission  (DAYNULM),  PM  Street  Vendor's  Atm aNirbhar  Nidhi  (PM SVANidhi), Pradhan Mantri Mudra Yojana (PMMY), etc. The details of various employment generation schemes/programmes being implemented by the Government may be seen at https://dge.gov.in/dge/schemes\_programmes.

In  addition,  the  Government  is  implementing  Pradhan Mantri Viksit Bharat Rozgar Yojana to support employment generation,  enhance  employability  and  social  security  across  all sectors,  with  special  focus  on  the  manufacturing  sector.  The scheme with an outlay of Rs 99,446 Crore aims to incentivize the creation of more than 3.5 Crore jobs in the country, over a period of 2 years.

In order to safeguard the interest of the Migrant workers, Inter-State Migrant Workmen  (Regulation  of  Employment  and Conditions of Services) Act,1979 provided for registration of certain establishments employing Inter-State Migrant Workers and licensing of contractors. Workers employed with such establishment  were  to  be  provided  payment  of  minimum  wages, journey allowance, displacement allowance, residential accommodation, medical facilities and protective clothing etc.

This  Act  has  now  been  subsumed  in  the  Occupational Safety, Health and Working Conditions (OSH) Code, 2020. The OSH Code,  provides  for  decent  working  conditions,  minimum  wages, grievance redressal mechanisms, toll free helpline, journey allowance,  protection  from  abuse  and  exploitation  and  social security  to  all  categories  of  organized  and  unorganized  workers including migrant workers. With expanded social security, stronger protections and nationwide portability of entitlements, the codes place workers, especially migrant workers firmly at the centre of labour governance.

The families of workers who died in accidents were paid compensation as per the provisions of the Workmen Compensation Act, 1923 the Employees Compensation Act, 1923 and Employees State  Insurance (ESIC) Act, 1948. Now, both the Acts have been ESIC  pays  funeral 15,000  to  the  dependents  /  person  performing  last subsumed  in  Social Security Code, 2020. expenses  of ₹ rites, from day one of insurable employment.

As per the Social Security Code, 2020, Compensation in case of death of or injury in plantation workers including migrant plantation workers,  the amount of compensation shall be:-

- (a) where death results from the injury, an amount equal to fifty per cent. of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more;
- (b) where permanent total disablement results from the injury, an amount equal to sixty per cent. of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more.

Provided that the Central Government may, by notification, from time to time, enhance the amount of compensation specified in clauses (a) and (b).

The  provisions  of  OSH  Code  applicable  for  migrant workers are detailed as under:

- (i) It shall be the duty of every contractor or the employer, of an establishment employing inter-State migrant workers in connection with the work of that establishment -
- (a)  to  ensure  suitable  conditions  of  work  to  such  worker  having regard to the fact that he is required to work in a State different from his own State;
- (b)  in  case  of  fatal  accident  or  serious  bodily  injury  to  any  such worker, to report to the specified authorities of both the States and also the next of kin of the worker;
- (c) to extend all benefits to such worker which are available to a worker  of  that  establishment  including  benefits  under  the Employees'  State  Insurance  Act,  1948  or  the  Employees' Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force and the facility of medical
- check-up  as  available  to  a  worker  under  clause  (c)  of  subsection (1) of section 6.
- (d) The employer shall pay, to every inter-State migrant worker employed in his establishment, in a year a lump sum amount of fare for to and fro journey to his native place from the place of  his  employment,  in  the  manner  taking  into  account  the minimum  service  for  entitlement,  periodicity  and  class  of travel  and  such  other  matters  as  may  be  prescribed  by  the appropriate Government.
- (ii) Where at any place in  an  establishment,  an  accident  occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident or which is of such nature as may  be  prescribed by the appropriate Government. Then the employer shall send notice thereof to such authorities,  in  such  manner  and  within  such  time,  as  may  be prescribed  by  the  appropriate  Government.  Where  a  notice  given relates to an accident causing death in a plantation or an establishment relating to building or other construction work or any

other establishment, the authority to whom the notice is sent shall make an inquiry into the occurrence within two months of the receipt of the notice or if there is no such authority, the Chief Inspector-cumFacilitator  shall  cause  the  Inspector-cum-Facilitator  to  make  an inquiry within the said period.

(iii) If an employer fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made thereunder and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing death, he shall be punishable with an imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with  both.  The  Code  empowers  the  courts,  upon  conviction  of  an offender for contravention of any duties, to direct that at least 50% of the fine imposed be paid as compensation to the victim in case of serious bodily injury or their legal heirs in case of death.

Pradhan  Mantri  Shram  Yogi  Maandhan  (PM-SYM)  is  a pension scheme in which unorganised workers in the age group of 1840 years can enrol on voluntary basis. The monthly contribution of the  beneficiary  varies  from  Rs55  per  month  to  Rs  200  per  month according to his/her age. Equal monthly contribution is being provided by the Government. After attaining the age of 60, a monthly pension of Rs 3000 per month is provided to the beneficiary. When the worker dies before attaining the age of 60 years the spouse can continue with the scheme till attaining the age of 60 years and the monthly pension will be Rs. 3000 per month. However, if after attaining the age of 60 the beneficiary dies the pension will be reduced to Rs 1500 per month.

The  Government  is  also  implementing  various  social security and welfare measures for unorganized workers, including migrant labourers, such as (i) Pradhan Mantri Jeevan Jyoti Beema Yojana  (PMJJBY)  and  Pradhan  Mantri  Suraksha  Beema  Yojana (PMSBY)  for  life  and  disability  cover  respectively,  (ii)  Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PMJAY) for secondary and  tertiary  health  benefits,  (iii)  Pradhan  Mantri  Awas  Yojna  for housing needs to name a few.

*****