CHAPTER 1

INTRODUCTION

1.1 Background of the study

Back ground of migrant labour in india-Migration has played a vital role in shaping the socio-
economic landscape of India, influenced by a variety of historical, economic, and social
elements. During the colonial period, the British government encouraged the relocation of
Indian laborers to different colonies through the indentured labor system, resulting in
significant Indian communities in areas such as the Caribbean, Africa, and Southeast Asia.In
modern India, internal migration is widespread, with many individuals relocating from rural
regions to urban centers in pursuit of improved job prospects and living conditions. The
"Migration in India, 2020-21" report published by the Ministry of Statistics and Programme
Implementation indicates a total migration rate of 28.9%, with rural migration accounting for
26.5%. Notably, 10.8% of these migrations were driven by employment-related factors.Key
factors fueling internal migration include economic inequalities among regions, a scarcity of
job opportunities in rural areas, and the promise of higher wages and better living standards
in urban locales. States like Uttar Pradesh, Bihar, Tamil Nadu, and Kerala are major
contributors to the migrant labor force, supplying workers to various sectors throughout the
nation.Despite their significant role in the economy, migrant workers frequently encounter
challenges such as job instability, wage exploitation, substandard housing, limited access to
healthcare and education, and social discrimination. To tackle these issues and protect the
rights of migrant workers, the Indian government has implemented laws such as the Inter-
State Migrant Workmen Act (1979) and more recent labor regulations, including the Code on
Wages (2018) and the Code on Social Security (2020).Gaining insight into the history of
migrant labor in India is essential for developing policies that enhance their welfare and
facilitate their integration into the larger socio-economic framework.

1.2 Research objective

The purpose of this research is to investigate the primary challenges that migrant workers
face in industrial environments, particularly regarding their working and living conditions,
and to evaluate the effectiveness of the Factories Act of 1948 in safeguarding their rights. The
study intends to:
1. Identify the socio-economic and legal obstacles that migrant workers encounter in
factories.

2. Assess the implementation and effects of the Factories Act, 1948, on enhancing workplace
safety, health, and welfare for migrant laborers.

3. Examine deficiencies in policy enforcement and the factors contributing to ongoing

exploitation, despite the presence of legal protections.

4. Offer recommendations to enhance legal frameworks and enforcement strategies to ensure

improved protection of the rights of migrant workers.

1.3 Research methodology

This is a doctrinal (library-based) study focused on the critical analysis of existing legal
provisions, case laws, and scholarly literature concerning migrant workers and labor welfare
laws, particularly the Factories Act, 1948.

Primary Sources:

Statutes and legislations such as the Factories Act, 1948, Inter-State Migrant
Workmen Act, 1979, Industrial Disputes Act, 1947, and relevant constitutional provisions
(Articles 14, 19, 21, 23, and 24).

Judicial decisions from the Supreme Court and High Courts related to labor rights and
migrant workers.

Secondary Sources:

Books, research papers, law journals, commentaries, government reports, and

publications by the International Labour Organization (ILO).

Articles, reports, and analyses from credible NGOs and think tanks.

1.4 Research gaps identified

1. Insufficient Attention to Migrant Workers in the Factories Act: Current research

predominantly examines general labor welfare, neglecting a focused analysis of how the
Factories Act of 1948 caters to the specific requirements of migrant workers.
 2. Lack of Comprehensive Empirical Evidence: There is a significant deficiency in
current, extensive empirical research regarding the actual working and living conditions of
migrant workers employed in factories.

3. Absence of Implementation Evaluation: There are few studies that thoroughly

evaluate the enforcement of the Act at the grassroots level, especially within smaller or
informal industrial settings.

4. Challenges in Inter-State Coordination: Research on the impact of inadequate

coordination between states on the rights and protections afforded to inter-state migrant
workers is notably scarce.

5. Effects of Recent Labor Reforms: There is a lack of thorough analysis regarding

how recent labor legislation, such as the Occupational Safety, Health and Working Conditions
Code of 2020, may influence or supplant the protections provided under the Factories Act for
migrant workers.

1.5 Literature review

Literature review-Numerous studies and legal analyses have examined the circumstances of
migrant workers and the effectiveness of labor laws in safeguarding their rights. Research
indicates that migrant workers frequently encounter exploitation, hazardous working
conditions, a lack of legal knowledge, and restricted access to social welfare programs
(Deshingkar & Akter, 2009). Experts contend that although there exists a comprehensive
legal framework, such as the Factories Act of 1948, its enforcement is often inadequate due to
insufficient inspections, corruption, and the prevalence of informal employment practices
(Bhagat, 2012). The Factories Act of 1948 has been extensively scrutinized regarding its
health, safety, and welfare provisions. While it theoretically provides substantial protections,
research reveals significant gaps in enforcement and the exclusion of small and informal
enterprises that employ a large number of migrant workers (ILO Reports, 2020). Judicial
decisions, such as the case of Bandhua Mukti Morcha v. Union of India, highlight the
constitutional right to dignity and safe working conditions, underscoring the necessity for
enhanced compliance mechanisms.

1. Internal Migration and Informal Employment:

Research conducted by Deshingkar and Akter (2009) indicates that internal

migration in India is largely driven by distress, with individuals relocating from rural regions
to urban centers in pursuit of improved livelihoods. These migrant workers frequently find
themselves in the informal sector, where labor regulations are inadequately enforced.

2. ILO Reports and Research (2020–2022):

The International Labour Organization has released several reports that underscore
the vulnerabilities faced by migrant workers in India, particularly during the COVID-19
pandemic. These studies identify deficiencies in social security, occupational safety, and
access to healthcare, and they propose the need for more robust interventions led by the state.

3. Research by the Centre for Migration and Inclusive Development (CMID):

CMID has carried out extensive field research demonstrating that migrant workers
often encounter exclusion from local welfare programs, face language obstacles, and lack
access to essential identity documents such as ration cards or voter identification in their new
states.

4. Academic Analysis of Policy Shortcomings:

Researchers such as Bhagat (2012) and Srivastava (2011) have examined the
shortcomings of policies like the Inter-State Migrant Workmen Act of 1979, highlighting its
ineffective implementation and the absence of updated databases to monitor migrant
movements and their conditions.

5. COVID-19 and the Migrant Crisis (Recent Research):

The lockdown imposed in 2020 brought to light the vulnerable circumstances of

migrant workers, prompting an increase in research from institutions like Azim Premji
University and the Centre for Policy Research (CPR). This research has concentrated on
issues such as food insecurity, loss of wages, and the lack of effective policy responses.
 The Factories Act of 1948 represents a significant piece of legislation in India,
designed to safeguard the health, safety, and welfare of individuals employed in factory
settings. Below is a succinct examination of its objectives, key features, advantages, and
shortcomings:

OBJECTIVES OF THE ACT:

1) To regulate the conditions under which factory work is conducted.

2) To guarantee the safety, health, and welfare of workers.

3) To clarify the rights and obligations of both employers and employees.

4) To prevent worker exploitation by imposing limits on working hours and conditions.

IMPORTANT PROVISIONS:

Health (Chapter III):

Ensures standards for cleanliness, adequate ventilation, waste disposal, access to drinking
water, lighting, and overall hygiene in factories.

Safety (Chapter IV):

Mandates safety measures such as machinery fencing, fire prevention protocols, and
restrictions on employment near dangerous machinery.

Welfare (Chapter V):

Requires facilities such as washing areas, first-aid kits, canteens (in larger factories),
restrooms, and childcare services.

Working Hours (Chapter VI):

Caps working hours at 48 per week and 9 per day, with provisions for overtime
compensation.

Employment of Women and Children (Chapters VI & VII):

Imposes restrictions on night shifts for women and prohibits the employment of children
under the age of 14.

STRENGTHS OF THE ACT:

 Establishes a thorough legal framework for the safety and welfare of factory workers.

Requires employers to conduct regular inspections and maintain records.

Offers protection to vulnerable populations, including women and young workers.

Is recognized and enforced in most industrialized regions of the country.

LIMITATIONS AND CHALLENGES:

1. Implementation Gaps:

Numerous factories, particularly smaller or unregistered ones, often fail to comply due to
insufficient inspections or enforcement.

2. Exclusion of the Informal Sector:

The Act is applicable only to registered factories with a minimum of 10 workers using
power or 20 without power, thereby excluding a significant segment of the workforce.

3. Limited Coverage for Migrant Workers:

Migrant workers frequently find employment in informal settings or through contractors,

which are not covered by the Act.

1.6 HYPOTHESIS

Migrant workers in India encounter numerous difficulties stemming from inadequate

working conditions, wage exploitation, insufficient social security, and substandard housing,
all of which are intensified by the ineffective enforcement of labor regulations. The Factories
Act of 1948 is essential in protecting the rights of these workers by establishing standards for
working hours, health, safety, and welfare; however, its success relies on rigorous
enforcement and consistent oversight.

1.7 RESEARCH QUESTION

1. What are the key challenges faced by migrant workers employed in factories across
India?
 2. To what extent does the Factories Act, 1948 address the specific vulnerabilities and
needs of migrant workers?
3. How effective is the implementation of the Factories Act in ensuring safe and fair
working conditions for migrant labourers?
4. What are the major gaps in the legal and regulatory framework in protecting the rights
of migrant factory workers?
5. How do enforcement mechanisms under the Factories Act function in industrial
regions with a high concentration of migrant labour?
6. What role do other labour laws and policies (e.g., Inter-State Migrant Workmen Act,
OSH Code) play alongside the Factories Act in safeguarding migrant workers’
welfare?
7. How do socio-economic factors such as caste, gender, literacy, and mobility affect the
ability of migrant workers to access legal protections under the Factories Act?
8. What international best practices can be adopted to strengthen the legal protection of
migrant workers in factory settings in India?

1.8 SCOPE AND LIMITATION

This study primarily focuses on examining the socio-legal challenges faced by

migrant workers employed in factories across India, with a special emphasis on the protective
role of the Factories Act, 1948. It explores how the Act addresses key issues such as health
and safety, working conditions, hours of work, and welfare amenities for migrant labourers.
The research also considers the interaction between the Factories Act and other labour
legislations such as the Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979, and the Code on Occupational Safety, Health and Working
Conditions, 2020. While the primary focus is on statutory provisions, enforcement
mechanisms, and case law, the study also incorporates socio-economic perspectives to
highlight the lived realities of migrant workers. Geographically, the study concentrates on
industrial areas known for high levels of migrant labour, although it does not restrict itself to
one specific region. Both doctrinal and secondary empirical data (from government reports,
case studies, and academic literature) are used to support the analysis.

The study is primarily doctrinal and relies heavily on secondary sources, which may
limit the depth of empirical insight into the day-to-day experiences of migrant workers.
Although efforts are made to include real-world case studies and documented reports, the
absence of primary fieldwork such as interviews or surveys may limit the experiential
richness of the findings. The research is also bounded by time constraints and does not cover
the entire range of unorganized sector employment, focusing instead on factory settings
governed under the Factories Act. Additionally, enforcement practices may vary significantly
between states, and the study may not fully capture these regional disparities. Another
limitation is the dynamic legal landscape—recent reforms such as the labour codes are still
undergoing implementation, which means some findings may evolve over time.

1.9 CHAPTERIZATION

CHAPTER 1: INTRODUCTION

The opening chapter provides the foundational premise of the study. It outlines the
background, setting the context of migrant labour in India and the significance of the
industrial sector in employing them. It identifies the core problems that migrant workers face
in factories, highlighting their vulnerability due to lack of legal awareness, poor working
conditions, and limited social protection. The research objectives, questions, and significance
are articulated to establish the scholarly and practical relevance of the study. The scope and
limitations section defines the boundaries of the research, while the methodology explains the
approach taken—whether doctrinal, empirical, or a blend of both. The chapter concludes by
offering a roadmap for the subsequent chapters to guide the reader through the study’s
structure.

CHAPTER 2: MIGRATION AND LABOUR IN INDIA – HISTORICAL AND SOCIO-

ECONOMIC CONTEXT

This chapter delves into the concept of migration within the Indian labour context. It
traces the historical patterns of labour migration, distinguishing between seasonal, rural-
urban, inter-state, and intra-state migration. The socio-economic factors both push and pull
that drive individuals to migrate, such as poverty, lack of employment, urban industrial
demand, and agrarian distress, are examined. It also identifies the key sectors where migrant
workers are concentrated, particularly factories. The chapter explores how migration affects
the rights and welfare of workers, including access to education, healthcare, housing, and
labour protections, thereby setting the stage for understanding the challenges discussed later
in the study.

CHAPTER 3: LEGAL FRAMEWORK FOR LABOUR PROTECTION IN INDIA

This chapter presents an overview of the legislative and constitutional framework

governing labour rights in India. It begins by mapping the evolution of labour laws and their
intent to provide social security and dignity at work. Special emphasis is placed on
constitutional provisions like Articles 14, 21, 23, and 39 that safeguard labour welfare. The
Inter-State Migrant Workmen Act of 1979 is analyzed in detail for its specific provisions
concerning migrant workers, followed by a discussion on the newer Code on Occupational
Safety, Health and Working Conditions, 2020. Additional legislation such as the Minimum
Wages Act, the ESI Act, and the Contract Labour Regulation Act are reviewed to understand
the broader protective landscape and its gaps in implementation for migrant workers.

CHAPTER 4: THE FACTORIES ACT, 1948 – PROVISIONS AND PROTECTIVE

MECHANISMS

This chapter provides an in-depth legal analysis of the Factories Act, 1948, focusing
on its role as a cornerstone of industrial labour regulation in India. The objective and scope of
the Act are explained, highlighting how it governs working conditions in factories. Key
definitions that relate to migrant workers such as “worker” and “factory” are clarified. The
chapter evaluates core provisions on working hours, rest intervals, overtime, safety,
sanitation, and welfare amenities such as crèches and canteens. It also explains the regulatory
structure that enforces the Act, including factory inspectors and labour commissioners. A
comparative perspective is offered by contrasting the Factories Act with other relevant labour
laws, assessing its effectiveness in protecting the rights of migrant workers.

CHAPTER 5: CHALLENGES FACED BY MIGRANT WORKERS IN FACTORY

SETTINGS

Focusing on the lived experiences of migrant workers, this chapter identifies and
analyses the array of challenges they face within factory environments. It highlights the
widespread lack of awareness among migrants regarding their legal rights and entitlements.
The poor living conditions, overcrowded accommodations, and substandard workplace
environments are discussed. The chapter also sheds light on exploitative practices such as
wage theft, contract manipulation, and lack of job security. Occupational hazards and
insufficient health and safety measures are examined, especially in light of recurring
industrial accidents. Social exclusion, absence of social security benefits, and the added
vulnerabilities of women migrant workers such as harassment, wage discrimination, and lack
of maternity benefits are also explored in detail.

CHAPTER 6: COMPARATIVE AND INTERNATIONAL PERSPECTIVES

Placing the Indian experience in a global context, this chapter discusses international
standards on labour rights, particularly those prescribed by the International Labour
Organization (ILO). It examines relevant conventions and treaties that influence national
policies on migrant labour. Best practices from countries such as South Africa, Brazil, and
Germany are presented, showcasing how migrant workers are protected through robust legal
frameworks, institutional support, and social integration strategies. The chapter also explores
the role of global supply chains in shaping labour practices and how multinational
corporations influence factory conditions through ethical codes and corporate responsibility
audits. These international perspectives offer valuable insights for improving India’s
regulatory framework.

CHAPTER 7: POLICY RECOMMENDATIONS AND LEGAL REFORMS

Based on the analysis in previous chapters, this chapter proposes a range of policy and
legal reforms aimed at strengthening protections for migrant workers. It advocates for
improved implementation mechanisms under the Factories Act, including better training for
inspectors, digital reporting systems, and community-based monitoring. The importance of
legal literacy campaigns to empower workers with knowledge of their rights is emphasized.
Institutional reforms such as inter-state coordination, centralized data systems, and mobile
welfare units are proposed. The role of civil society, NGOs, and trade unions in promoting
accountability and support for migrant workers is also discussed. The chapter recommends
integrating social protection schemes such as health insurance, housing, and skill
development within the labour governance framework.
CHAPTER 8: CONCLUSION

The concluding chapter synthesizes the key findings of the dissertation. It reiterates
the significance of migrant workers in India’s industrial economy and reflects on how the
Factories Act functions within the broader labour law regime. The chapter underscores both
the strengths and limitations of the Act in addressing the unique vulnerabilities of migrant
workers. It offers final reflections on the need for a rights-based, inclusive approach to labour
governance that recognizes mobility, precarity, and the diversity of the workforce. The
dissertation closes with suggestions for future research, such as exploring the impact of
digitization on labour regulation or conducting longitudinal studies on migration trends and
policy outcomes.
 CHAPTER 2

MIGRATION AND LABOUR IN INDIA

2.1:CONCEPT OF MIGRANT WORKERS:

Migrant workers are individuals who relocate from one location to another, either
within their home country (internal migration) or across international borders (international
migration), primarily in pursuit of employment opportunities and improved living conditions.
Migration can be either voluntary or forced, influenced by a variety of push and pull factors.
Push factors may include poverty, unemployment, limited opportunities, and inadequate
living conditions in the area of origin. Conversely, pull factors often encompass the prospect
of higher wages, enhanced living standards, and increased job availability in the destination
region.

These workers play a crucial role in the labor market, particularly in developing
nations such as India, where a significant number of individuals migrate from rural areas to
urban centers for employment. They frequently engage in low-wage, labor-intensive
occupations across sectors such as construction, agriculture, textiles, domestic services,
mining, and various service industries. Despite their essential contributions to the economy,
migrant workers often face exploitation, job insecurity, substandard working conditions, and
restricted access to healthcare, education, and housing.

In India, the majority of migrant workers are internal migrants, typically moving from
states like Bihar, Uttar Pradesh, Jharkhand, Odisha, and Chhattisgarh to more industrialized
regions such as Maharashtra, Gujarat, Tamil Nadu, and Delhi. These individuals often seek
seasonal or temporary employment and are predominantly found in the informal sector. To
safeguard their rights, the Indian government established the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act in 1979, which stipulates fair
wages, appropriate working conditions, and other entitlements for migrant workers. However,
the enforcement of these regulations is often inconsistent, leaving many workers outside the
formal regulatory framework.

CLASSIFICATION OF MIGRANT WORKERS:

Migrant workers can be categorized in several ways, taking into account factors such
as geographical location, duration of migration, type of employment, skill level, and
movement patterns. These classifications are essential for comprehending their varied needs
and the challenges they face.

1. GEOGRAPHICAL CLASSIFICATION:

Internal Migrant Workers: These individuals relocate within the same country. In India, this
category includes those migrating from rural areas to urban centers or between states.

International Migrant Workers: These workers cross national borders in search of

employment, such as Indian nationals working in Gulf countries.

2. DURATION OF MIGRATION:

Short-term or Seasonal Migrants: These workers migrate for a defined period or season,
such as during agricultural harvests or construction projects, returning to their home once the
work concludes.

Long-term or Permanent Migrants: Individuals who establish permanent residence or stay

for extended periods at their work location, often accompanied by their families.

3. NATURE OF EMPLOYMENT:

Formal Sector Migrants: These workers are employed in organized sectors, enjoying
written contracts, legal protections, regular wages, and access to social security benefits.

Informal Sector Migrants: Typically lacking legal contracts and job security, these workers
operate in unregulated environments with minimal or no access to welfare programs.

4. SKILL LEVEL CLASSIFICATION:

Skilled Migrant Workers: Individuals with specialized skills or professional qualifications,

including engineers, IT specialists, and healthcare professionals.

Semi-skilled Migrants: Workers with limited training who perform jobs requiring some
skill, such as machine operators or electricians.
 Unskilled Migrants: Those engaged in manual labor or low-skill occupations, including
construction workers, helpers, or domestic staff.

5. MOBILITY PATTERNS:

Circular Migrants: These workers frequently travel back and forth between their home
regions and work destinations, often on a regular or seasonal basis.

Static Migrants: Individuals who settle in their destination area without returning
frequently to their place of origin.

2..2 HISTORICAL PATTERNS OF LABOUR MIGRATION IN INDIA

Labour migration in India has a rich and intricate history, influenced by a variety of
economic, social, and political factors throughout the ages. During the pre-colonial era,
migration was primarily local and seasonal, with individuals relocating within their regions
for agricultural tasks, artisanal work, and trade activities. These movements were typically
temporary, aligned with the agricultural calendar, festivals, or short-term job opportunities,
and did not involve long-distance relocation. A significant shift occurred during the colonial
era under British governance, which dramatically transformed traditional migration patterns.
One of the most significant changes was the rise of overseas migration facilitated by the
indentured labour system. Beginning in the early 19th century, a substantial number of
Indians, especially from economically disadvantaged areas such as Bihar, Uttar Pradesh, and
Tamil Nadu, were transported to work in British colonies, including Mauritius, Fiji, Trinidad,
South Africa, and the Caribbean. These individuals were bound by contracts and often faced
harsh working conditions, primarily in sugarcane and rubber plantations. At the same time,
internal labour migration surged during British rule. The colonial administration encouraged
the growth of industries such as mining, plantations, and textiles, which created a demand for
inexpensive labour. This led to a considerable influx of workers from rural and
underdeveloped regions to industrial and commercial centers. For instance, labourers from
Bihar and Odisha were recruited for employment in Assam's tea gardens, Jharkhand's coal
mines, Bengal's jute mills, and Bombay's cotton mills. The expansion of railways and
transportation infrastructure further enhanced the movement of workers across different
regions. However, these workers frequently faced exploitation, received meager wages, and
lived in substandard conditions, with minimal social protections.

2.3 PUSH AND PULL FACTORS BEHIND MIGRATION

 Migration is shaped by a blend of push and pull factors that drive individuals to depart
from their homeland and draw them toward a new location. These factors can be categorized
as economic, social, environmental, or political.

Push factors refer to the adverse conditions present in the place of origin that compel
individuals to migrate. In India, a significant push factor is poverty, particularly in rural
regions where job opportunities are limited. Many areas experience low agricultural yields,
insufficient industrial growth, and recurrent natural disasters such as droughts or floods,
which hinder people's ability to maintain their livelihoods. Additionally, unemployment and
underemployment are critical motivators for migration, especially among the younger
population. Social issues, including caste discrimination, inadequate access to education and
healthcare, and political unrest, can further encourage individuals to leave their native
regions.

Conversely, pull factors are the appealing characteristics of the destination that entice
migrants. Urban centers and industrial zones provide enhanced job prospects, particularly in
fields such as construction, manufacturing, services, and transportation. Attractive wages,
improved living conditions, and access to essential services like electricity, clean water,
education, and healthcare act as compelling reasons for migration. Furthermore, cities offer
greater opportunities for social mobility and the potential for economic advancement, which
are often absent in rural settings.

2.4 NATURE OF EMPLOYMENT AND SECTORS EMPLOYING MIGRANT

WORKERS

Migrant workers in India predominantly find employment in the informal sector,

characterized by a lack of regulation, job security, and social protections. Their work is
frequently temporary, casual, or based on contracts, accompanied by low wages and
substandard working conditions. The majority of these workers lack written contracts, job
stability, and access to essential benefits such as health insurance, paid leave, or pensions.
Their employment is often facilitated through intermediaries or contractors, which
exacerbates their vulnerability and diminishes their negotiating power.
The jobs held by migrant workers are generally manual and labor-intensive, demanding long
hours and significant physical exertion. Many of these individuals are exposed to hazardous
or unhealthy working environments, often without adequate safety equipment or medical
support. Women migrant workers are particularly at risk, often engaged in low-paying,
unregulated positions such as domestic work or in garment factories, where they face
heightened risks of exploitation and harassment.

THE PRIMARY SECTORS THAT EMPLOY MIGRANT WORKERS INCLUDE:

1. Construction – This sector is one of the largest employers of migrant labor, especially for
those migrating between states. Workers are involved in the construction of roads, bridges,
and both residential and commercial buildings.

2. Agriculture – Seasonal migration for planting and harvesting is prevalent, particularly in

states with significant agricultural output like Punjab and Haryana.

3. Manufacturing – Migrants are employed in small factories, textile units, and industrial
clusters that produce garments, leather products, and plastics.

4. Domestic Work – A considerable number of women migrants serve as domestic helpers in

urban households.

5. Hospitality and Services – A large number of migrants find employment in hotels,

restaurants, delivery services, and retail establishments.

6. Mining and Quarrying – Migrants often work in physically demanding and perilous
conditions within mining regions.

2.5 IMPACT OF MIGRATION ON WORKERS RIGHT AND WELFARE

Migration significantly influences the rights and well-being of workers, presenting

both opportunities and risks. Although it can enhance income and job prospects, it often leads
to a decline in workers' rights and access to welfare services due to the informal and
unregulated nature of their employment.

In India, a majority of migrant workers are engaged in the informal sector, where
labor laws are inadequately enforced. Consequently, they frequently lack written contracts,
job security, and legal protections. Many receive wages below the minimum threshold,
endure long working hours without overtime pay, and have no means to address grievances.
Standards for occupational safety and health are seldom adhered to, placing them in
dangerous working environments, particularly in sectors such as construction, mining, and
manufacturing.

A significant consequence of migration is the loss of access to government-sponsored

welfare programs. Migrants relocating between states often find themselves excluded from
essential services like ration cards, healthcare, housing assistance, and educational
opportunities for their children, particularly if their documentation is not transferable. This
issue is especially acute for seasonal and circular migrants who regularly travel between their
homes and workplaces.

Women migrant workers encounter additional obstacles, including gender

discrimination, wage disparities, and heightened risks of harassment and abuse, particularly
in domestic and informal employment settings.

The COVID-19 pandemic underscored the critical challenges faced by migrant

workers. Millions were left without food, shelter, or income due to abrupt lockdowns,
revealing the absence of a social safety net for this vulnerable workforce.

While migration can provide avenues for economic advancement, it often

compromises dignity, rights, and fundamental welfare. This situation highlights the urgent
need for more robust legal frameworks, the portability of social benefits, and inclusive labor
policies to safeguard the interests of migrant workers.
 CHAPTER 3

LEGAL FRAMEWORK FPR LABOUR PROTECTION IN INDIA

3.1 OVERVIEW OF LABOUR LAWS IN INDIA

Labour legislation in India is designed to safeguard workers' rights, regulate employment

conditions, and promote social justice within the workplace. Over time, a variety of laws
have been established to tackle issues concerning wages, industrial relations, social security,
and workplace safety. Key labour laws include:

1. Factories Act, 1948

This legislation focuses on the health, safety, and welfare of factory workers. It governs
working hours, the employment of women and children, and requires standards for
cleanliness, ventilation, and safety equipment.

2. Minimum Wages Act, 1948

This act establishes and enforces minimum wage standards for workers in designated sectors,
ensuring that no employee receives less than the legally mandated minimum wage.

3. The Payment of Wages Act, 1936

This law guarantees the timely and complete payment of wages to workers while prohibiting
unauthorized deductions from their earnings.

4. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

This act provides retirement benefits through mandatory contributions from both employers
and employees to a provident fund.

5. Employees’ State Insurance Act, 1948

This legislation offers medical care and financial support during periods of illness, maternity,
and work-related injuries for employees.

6. Maternity Benefit Act, 1961

This act governs the employment of women before and after childbirth, ensuring they receive
maternity leave and associated benefits.

7. Industrial Disputes Act, 1947

This law addresses the resolution of industrial disputes through methods such as conciliation
and adjudication, while also protecting workers during layoffs and retrenchments.

8. Inter-State Migrant Workmen Act, 1979

This act is specifically aimed at safeguarding the rights of migrant workers, requiring the
registration of establishments and ensuring wage equality, accommodation, and other welfare
provisions.

Together, these laws strive to promote fair treatment, safety, and social security for workers.
However, their success largely hinges on effective enforcement and comprehensive coverage,
particularly in the informal sector.

3.2 CONSTITUTIONAL PROVISIONS RELATING TO LABOUR RIGHTS

The Constitution of India establishes a robust framework for labor rights through its
Fundamental Rights and Directive Principles of State Policy (DPSPs). These elements
demonstrate a commitment to safeguarding dignity, equality, and social justice for workers.

FUNDAMENTAL RIGHTS:

1. Article 14 – Right to Equality:

This article ensures that all individuals are treated equally under the law and receive equal
protection, thereby preventing discrimination against workers based on caste, gender, or
region.

2. Articles 15 and 16 – Prohibition of Discrimination and Equality in Employment:

These articles prohibit discrimination in public sector employment and advocate for equal
opportunities for all citizens regarding job access.

3. Article 19(1)(c) – Right to Form Associations or Unions:

This provision empowers workers to establish trade unions and associations to safeguard their
interests and participate in collective bargaining.
4. Article 21 – Right to Life and Personal Liberty:

Interpreted broadly, this right includes the entitlement to live with dignity, which
encompasses safe working environments, fair remuneration, and humane treatment in the
workplace.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPS):

1. Articles 38 and 39:

These articles instruct the state to foster a just social order, ensure equitable resource
distribution, and protect workers from exploitation. Article 39 specifically emphasizes equal
pay for equal work and the provision of humane working conditions.

2. Article 41 – Right to Work:

This article advocates for the state to provide employment, education, and public assistance
in cases of unemployment, old age, or illness.

3. Article 42 – Just and Humane Conditions of Work:

This provision mandates the state to guarantee maternity benefits and humane working
conditions for all workers.

4. Article 43 – Living Wage:

This article encourages the state to ensure that all workers receive a living wage and maintain
a decent standard of living.

Collectively, these constitutional provisions lay the groundwork for labor legislation in India,
aiming to protect workers' rights, enhance welfare, and promote social justice.

3.3 INTER STATE MIGRANT WORKMEN(REGULATION OF EMPLOYMENT

AND CONDITIONS OF SERVICE)ACT 1979

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of

Service) Act, 1979 was established to protect the rights and welfare of migrant workers who
relocate between states for employment opportunities. This legislation was introduced as a
response to the rampant exploitation of migrant laborers, especially those hired by contractors
for work in far-off states under substandard and inhumane conditions.
 The Act is applicable to establishments and contractors that employ five or more inter-
state migrant workmen. It requires the registration of establishments that hire such workers
and the licensing of contractors who recruit and supply them. An inter-state migrant workman
is defined as an individual who is recruited from one state to work in another, typically
through a contractor.

The primary aim of the Act is to guarantee fair and humane working conditions. It outlines
essential rights and protections, which include:

1. Equal remuneration for migrant workers, ensuring they receive the same wages as
local workers performing similar tasks.

2. .Displacement and journey allowances, covering travel expenses to and from their
home state.

3. Provision of housing, medical care, and necessary protective gear.

4. Timely wage payments in accordance with the Payment of Wages Act, 1936.

Additionally, the Act establishes obligations for both employers and contractors to maintain
accurate records, report employment information to the appropriate authorities, and ensure
adherence to the stipulated conditions of service.

Despite its progressive goals, the Act has encountered challenges in its
implementation. A significant number of migrant workers remain unprotected due to the
informal nature of their employment and a lack of awareness regarding their rights.
Enforcement is often inadequate, and oversight by labor departments is limited.

Given these challenges, there have been discussions about incorporating its provisions
into broader labor reforms; however, the Act continues to serve as a vital legal framework for
the protection of inter-state migrant workers in India.

3.4 THE CODE ON OCCUPATIONAL SAFETY,HEALTH AND WORKING

CONDITIONS,2020

The Occupational Safety, Health and Working Conditions Code (OSH Code), 2020 is
one of four labor codes introduced by the Government of India to streamline and update
existing labor regulations. It supersedes 13 previous central labor laws, such as the Factories
Act of 1948, the Mines Act of 1952, the Contract Labour Act of 1970, and the Inter-State
Migrant Workmen Act of 1979, among others.
 The primary aim of the OSH Code is to guarantee safe working environments, health
and welfare amenities, and reasonable working hours for all employees across various
industries, including factories, mines, plantations, construction, and the informal sector.
The Code is applicable to establishments with 10 or more employees, as well as to all mines
and docks, irrespective of their workforce size.

NOTABLE PROVISIONS OF THE CODE INCLUDE:

- Health and Safety Measures: Employers are required to provide sufficient ventilation, clean
drinking water, adequate lighting, sanitation facilities, and safety gear at the workplace.

- Working Hours: The Code limits the workday to eight hours, with stipulations for overtime
and mandatory weekly rest.

- Welfare Facilities: Larger establishments must offer amenities such as childcare facilities,
canteens, first aid services, and designated welfare officers.

- Employment of Women and Workers in Hazardous Conditions: Women may be employed

in all sectors with their consent, and safety measures are mandated for night shifts.

- Inter-State Migrant Workers: This group is now included within a comprehensive

framework that provides for travel allowances, housing, and registration to access welfare
programs.

- Contract Labour: The Code enhances the regulation of contract workers, ensuring they
receive equal wages and working conditions compared to permanent employees.

The OSH Code seeks to simplify compliance, enhance the ease of doing business, and
extend labor protections to a greater number of workers, including those in the informal
sector.

3.5 OTHER RELEVANT LEGISLATIONS

In addition to the primary labour codes and acts, various significant legislations have
been instrumental in enhancing labour welfare and safeguarding workers' rights in India.
Among the most notable are: 1. Minimum Wages Act, 1948 This legislation guarantees that
workers receive a minimum wage established by the government for various employment
sectors. Its purpose is to avert exploitation and ensure that workers achieve a fundamental
standard of living. The minimum wage is periodically adjusted by both central and state
authorities in response to changes in the cost of living and inflation rates. 2. Employees’ State
Insurance (ESI) Act, 1948 The ESI Act offers social security and health insurance to
employees working in establishments with ten or more staff members. Under this framework,
both employers and employees contribute to the ESI fund, which provides benefits such as
medical care, sickness allowances, maternity benefits, disability compensation, and support
for dependents in the event of work-related fatalities or injuries. 3. Contract Labour
(Regulation and Abolition) Act, 1970 This act governs the use of contract labour in specific
establishments and aims to ensure that these workers enjoy working conditions comparable to
those of permanent employees. It is applicable to establishments and contractors that employ
twenty or more contract labourers. The act requires principal employers to register,
contractors to obtain licenses, and the provision of facilities such as canteens, rest areas, and
first-aid services. Additionally, it prohibits the use of contract labour in certain essential
activities to prevent exploitation.
 CHAPTER 4

THE FACTORIES ACT 1948

4.1 OBJECTIVE AND SCOPE OF THE ACT

The Factories Act of 1948 stands as one of the earliest and most crucial pieces of
labor legislation in India, designed to protect the health, safety, and welfare of factory
workers. Enacted on April 1, 1949, the Act has undergone numerous amendments to keep
pace with evolving industrial conditions. It serves as a fundamental framework for regulating
working environments in manufacturing facilities.

OBJECTIVES OF THE ACT:

The main aim of the Factories Act is to guarantee a safe and healthy workplace for
factory employees. The key objectives include:

- Regulating working conditions in factories to shield workers from occupational risks.

- Ensuring health, safety, and welfare measures for factory employees, which encompass
adequate sanitation, ventilation, and medical services.

- Governing working hours, rest periods, and leave entitlements.

- Banning the employment of children under 14 years and overseeing the employment of
adolescents and female workers.

SCOPE OF THE ACT:

The Act is applicable throughout India and covers all factories that utilize power and
employ 10 or more workers, as well as those that do not use power but have 20 or more
workers. A factory is defined as any premises where manufacturing processes occur, with or
without the use of power.

The Act addresses several vital areas:

- Health regulations, including cleanliness, waste disposal, ventilation, and management of

dust and fumes.

- Safety protocols such as machinery fencing, fire prevention measures, and safety training.

- Welfare amenities like canteens, rest areas, childcare facilities, and first-aid resources.
- Regulation of working hours, including provisions for overtime, weekly rest days, and paid
annual leave.

- Specific regulations for women and young individuals, focusing on their safety and working
hour management.

The Factories Act of 1948 continues to be a fundamental pillar in protecting the rights and
welfare of industrial workers in India.

4.2 DEFINITION RELEVANT TO MIGRATION WORKERS

The Factories Act of 1948 does not provide a specific definition for "migrant
workers." Instead, the Act emphasizes the health, safety, welfare, and working conditions of
all individuals employed in a factory, irrespective of their origin.

Nevertheless, certain general definitions within the Act are pertinent when
considering migrant workers in the factory environment:

“Worker” [Section 2(l)]:

A worker is described as an individual engaged directly or through any intermediary

(including contractors), with or without the principal employer's knowledge, in any
manufacturing process or in the cleaning of machinery or premises utilized for
manufacturing, regardless of whether they receive remuneration. This expansive definition
encompasses migrant workers employed in a factory, whether directly or via contractors.

“Factory” [Section 2(m)]:

A factory is defined as any location where a manufacturing process occurs and where
at least 10 workers are employed (with power) or 20 workers (without power). If a migrant
worker is engaged in such an environment, they are covered by the provisions of the Act, as
they meet the criteria of a worker.

While the Factories Act does not specifically mention migrant workers, it ensures that
they receive the same protections as all workers under its general provisions. Issues unique to
migrant labor, such as displacement allowance, journey allowance, or housing, are addressed
in other legislation, including the Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service) Act of 1979 and more recently, the Code on Occupational Safety,
Health and Working Conditions of 2020.

4.3 WORKING CONDITIONS AND HOURS OF WORK

The Factories Act of 1948 establishes comprehensive regulations aimed at ensuring

safe, healthy, and humane working environments within factories. It also governs work hours,
rest periods, and leave entitlements to safeguard the welfare of all workers, including migrant
laborers in industrial contexts.

WORKING CONDITIONS:

The Act stipulates various measures to enhance worker health and safety:

1.Health Provisions (Sections 11–20): These provisions cover cleanliness,

adequate ventilation, proper lighting, control of dust and fumes, waste management, and
access to clean drinking water.

2.Safety Measures (Sections 21–41): Machinery must be adequately

safeguarded, and workers should be shielded from hazardous operations, fire risks, and
accidents. Additionally, safety training and personal protective equipment are mandated.

3.Welfare Provisions (Sections 42–50): Factories are required to offer washing

facilities, rest areas, canteens (for establishments with over 250 workers), first-aid equipment,
crèches (for facilities with more than 30 female workers), and welfare officers (for those with
over 500 workers).

HOURS OF WORK:

The Act sets explicit restrictions on working hours to avert overwork and exploitation:

1. Daily Working Hours (Section 54): No adult worker is permitted to work more than 9
hours in a single day.
2. Weekly Working Hours (Section 51): The total working hours must not
3. exceed 48 hours per week.
4. Rest Intervals (Section 55): Workers are entitled to a minimum rest period of half an hour
after 5 consecutive hours of work.
5. Weekly Holidays (Section 52): Each worker is entitled to one day off each week, typically
on Sunday.
6. Overtime (Section 59): Workers who exceed 9 hours in a day or 48 hours in a week are
entitled to receive double pay for any overtime worked.

4.4 HEALTH,SAFETY AND WELFARE PROVISIONS

The Factories Act of 1948 establishes a thorough framework aimed at safeguarding the
health, welfare, and safety of individuals working in factories. These regulations are
compulsory and designed to shield workers from occupational risks, ensure sanitary
conditions, and foster a respectable quality of life within the workplace.

HEALTH PROVISIONS (SECTIONS 11–20):

The Act requires that all factories uphold fundamental health standards, which include:

1. Cleanliness: Factories must be maintained in a clean state, devoid of waste and dirt.
2. Ventilation and Temperature: Sufficient ventilation and temperature regulation must be
ensured for the comfort of workers.
3. Dust and Fume Control: Steps must be taken to mitigate the inhalation of harmful dust,
fumes, or gases.

Waste Disposal: Proper systems must be established for the disposal of effluents and waste
materials.

Drinking Water: Accessible and safe drinking water must be provided at convenient
locations.

Lighting and Latrines: Adequate lighting, latrines, and urinals must be supplied and kept in
good condition.

WELFARE PROVISIONS (SECTIONS 42–50):

To promote the overall well-being of workers, the Act stipulates:

1. Washing Facilities: Clean and separate washing areas for male and female employees.
2. Canteens: Mandatory in factories employing more than 250 workers.
3. Shelters and Restrooms: Required for factories with over 150 workers.
4. Crèches: Necessary for establishments with more than 30 female workers.
5. Welfare Officers: Factories with over 500 employees must designate qualified welfare
officers.

SAFETY PROVISIONS (SECTIONS 21–41):

To avert industrial accidents and injuries, the Act includes:

1. Machine Fencing: Hazardous components of machinery must be adequately safeguarded.

2. Fire Safety Measures: Firefighting equipment must be accessible, and escape routes
should be clearly indicated.
3. Training and Supervision: Workers operating dangerous machinery must receive proper
training.
4. Regulations for Hazardous Processes: Specific guidelines apply to industries engaged in
chemical or hazardous operations.

4.5 REGULATORY AUTHORITIES AND ENFORCEMENT MECHANISMS

The Factories Act, 1948 is enforced through a well-defined regulatory and inspection system
established by both central and state governments. The objective of this enforcement
mechanism is to ensure that factory owners comply with the Act’s provisions related to
health, safety, welfare, and working conditions of workers.

REGULATORY AUTHORITIES:

1. Inspector of Factories:

Appointed by the state government, the Factory Inspector is the primary authority
responsible for enforcing the Act. Inspectors have the power to enter any factory
premises, examine records, interview workers, and inspect working conditions to
ensure compliance.

2. Chief Inspector of Factories:

 The Chief Inspector supervises all factory inspectors within the state and coordinates
the overall implementation of the Act. The Chief Inspector can also grant or revoke
licenses and approve factory building plans.

3. Directorate of Industrial Safety and Health (DISH):

In many states, this department works under the Labour Ministry and is responsible
for monitoring industrial health and safety standards.

4. State and Central Government:

Both the State Labour Departments and the Ministry of Labour and Employment at
the central level play a role in framing rules, monitoring enforcement, and collecting
compliance data.

Enforcement Mechanism:

Factory Registration and Licensing:

Every factory must be registered and licensed under the Act before commencing
operations.

Periodic Inspections:

Inspectors conduct regular and surprise inspections to ensure factories are following
the law.

Penalties and Prosecutions:

In case of violations, penalties include fines, imprisonment, or both. Serious offences

like fatal accidents due to negligence may attract heavy punishment.

Record Maintenance:

Factories must maintain records related to working hours, health reports, accidents,
and employment details, which are verified during inspections.
 CHAPTER 5

CHALLENGES FACED BY MIGRANT WORKERS IN FACTORY SETTINGS

5.1 LACK OF AWARENESS AND LEGAL LITERACY

One of the most significant challenges confronting migrant workers in India is their
limited awareness and understanding of legal rights. A large segment of the migrant
workforce, particularly those hailing from rural and economically disadvantaged areas, lacks
knowledge about their rights and benefits under labor laws and welfare programs. This
deficiency in awareness renders them particularly susceptible to exploitation, hazardous
working environments, and the denial of fundamental protections.

Many migrant workers find employment in the informal sector or through contractors,
where legal protections are often either inadequately enforced or intentionally overlooked.
Due to insufficient education and limited access to legal resources, these workers frequently
remain unaware of minimum wage regulations, occupational safety requirements, or social
security benefits such as Employee State Insurance (ESI), Provident Fund (PF), or maternity
rights. This lack of knowledge is exacerbated by ineffective communication in local
languages and insufficient outreach efforts by government agencies.

The situation is particularly dire for inter-state migrant workers, who often encounter
language barriers and a lack of familiarity with local laws and administrative procedures.
Consequently, they are often excluded from registration systems, ration card portability, and
health or insurance programs. Even when faced with exploitation, these workers are often
reluctant to approach labor authorities or legal institutions due to fears of job loss, lack of
documentation, or distrust in the system.

Furthermore, many employers and contractors take advantage of this knowledge gap,
hiring workers informally, circumventing wage regulations, and neglecting to provide
essential amenities such as housing, sanitation, or safety equipment.

To tackle this issue, it is essential to implement grassroots legal awareness initiatives,

worker registration campaigns, and streamlined access to grievance resolution processes.
Enhancing legal literacy through non-governmental organizations, trade unions, and
community outreach can empower migrant workers to assert their rights and enhance their
working and living conditions throughout India.
5.2 POOR LIVING AND WORKING CONDITIONS

Migrant workers in India frequently experience substandard living and working

conditions, particularly within the informal sector, construction sites, and small-scale
industries. These circumstances highlight a deficiency in regulation, oversight, and concern
for the welfare of workers, despite the existence of legal frameworks such as the Factories
Act, the Inter-State Migrant Workmen Act, and various other labor laws.

The living conditions for migrant workers are generally characterized by

overcrowding, unsanitary conditions, and safety hazards. Many reside in temporary
accommodations near their workplaces, slums, or unauthorized settlements, lacking access to
clean drinking water, sanitation facilities, electricity, and waste management services. Often,
multiple workers are confined to single rooms, which offer little privacy, ventilation, or
essential amenities. Women and children in these settings are particularly at risk, facing
significant health and safety challenges.

The working conditions are similarly difficult. Migrant workers typically endure long
hours, receive low wages, and lack job security. They are often engaged in physically
strenuous roles in construction, factories, brick kilns, and agriculture, frequently without
access to safety gear or medical assistance. The use of hazardous machinery, exposure to
harmful chemicals, and insufficient training contribute to a high incidence of accidents and
occupational illnesses. As most are employed through contractors, their work is informal,
lacking written contracts, social security benefits, or legal safeguards in the event of injury,
illness, or job termination.

The COVID-19 pandemic has drawn national attention to the struggles faced by
migrant workers, underscoring their reliance on unstable employment and inadequate living
conditions. Despite their significant contributions to urban economies, they remain excluded
from housing policies, health initiatives, and urban development plans.

To remedy this situation, it is essential to enhance the enforcement of labor laws,

implement inclusive housing policies, provide portable welfare benefits, and formalize
informal employment. Without improvements to these fundamental conditions, migrant
workers will continue to be vulnerable to exploitation.

5.3 DISCRIMINATION,EXPLOITATION AND WAGE THEFT

 Migrant workers in India frequently endure discrimination, exploitation, and wage
theft, resulting in precarious and insecure living conditions despite their vital role in the
economy. These challenges stem from systemic neglect, inadequate enforcement of labor
laws, and the predominantly informal nature of migrant employment.

Discrimination is a prevalent issue for migrant workers, particularly those hailing

from marginalized communities or possessing diverse linguistic and regional backgrounds.
They often experience social exclusion in urban settings, face barriers to accessing essential
public services such as healthcare, food rations, and education, and are regarded as outsiders.
Women migrant workers encounter compounded discrimination due to their gender and
migrant status, often relegated to low-paying, unskilled positions that lack legal protections
and maternity benefits.

Exploitation is rampant, as a majority of migrant workers are engaged informally or

through intermediaries and contractors. The absence of written contracts or formal
registration leaves them susceptible to hazardous working conditions, extended hours without
overtime compensation, and arbitrary termination. Many reside in employer-provided
housing, which is frequently inadequate, and the fear of losing their accommodation further
discourages them from voicing concerns about injustices.

Wage theft represents one of the most egregious forms of exploitation. Migrant
workers often report delays in receiving their wages, underpayment, or outright denial of
payment. Due to a lack of awareness regarding their legal rights and limited access to legal
assistance, they seldom lodge complaints. Contractors may vanish without fulfilling their
financial obligations, and employers take advantage of the absence of documentation or
contracts to evade responsibility.

5.4 HEALTH HAZARDS AND INADEQUATE SAFETY MEASURES

Migrant workers in India, especially those engaged in sectors such as construction,

manufacturing, mining, agriculture, and waste management, frequently encounter significant
health risks due to unsafe working conditions and insufficient safety protocols. The informal
nature of their employment, coupled with the inadequate enforcement of occupational safety
regulations, exacerbates their susceptibility to injuries, illnesses, and chronic health issues.

Many migrant workers operate in perilous environments without adequate training,

protective equipment, or health screenings. In industries like construction and mining, they
are continually exposed to harmful dust, chemicals, excessive noise, and hazardous
machinery, which can result in respiratory ailments, hearing impairment, skin diseases, or
even fatal accidents. Workers in brick kilns and tanneries are particularly vulnerable to burns,
lung issues, and chemical exposure due to the lack of safety measures.

The absence of proper safety protocols is a critical concern. Employers often neglect
to provide essential safety gear such as helmets, gloves, masks, boots, or harnesses, even for
high-risk activities. Safety drills, medical facilities, and emergency response systems are
frequently nonexistent or inadequately maintained. The reliance on outdated machinery and
insufficient maintenance further heightens the risk of accidents.

Health services near work locations are often difficult to access, prohibitively
expensive, or poorly equipped. Migrant workers, particularly those residing in temporary
shelters or remote areas, face challenges in obtaining public health services due to a lack of
identification, awareness, or language proficiency. Many continue to work while unwell or
injured, driven by the fear of losing wages or their jobs.

While legislation such as the Factories Act of 1948 and the Occupational Safety,
Health and Working Conditions Code of 2020 aims to protect workers' health, ineffective
implementation and a lack of accountability undermine their effectiveness for migrant
populations.

To tackle these challenges, it is essential to enforce safety regulations rigorously,

conduct regular inspections, provide necessary protective equipment, and ensure accessible
healthcare for migrant workers.

5.5 SOCIAL EXCLUSION AND LACK OF SOCIAL SECURITY

Migrant workers in India frequently face entrenched social exclusion and a lack of
social security, which relegates them to the periphery of society despite their vital
contributions to the economy. Their temporary employment status, informal job
arrangements, and absence from local registries strip them of fundamental rights and
protections.

The phenomenon of social exclusion is apparent in the alienation of migrant workers

from urban communities. Often regarded as outsiders, they encounter discrimination based on
language, caste, or regional background. This marginalization results in their exclusion from
local governance, public services, and welfare initiatives in the cities where they reside.
Many migrants live in isolated, overcrowded areas characterized by inadequate sanitation,
lack of clean drinking water, and limited access to educational and healthcare facilities. Their
children frequently miss out on educational opportunities due to constant relocation and
insufficient documentation.

The absence of social security exacerbates their precarious situation. A majority of

migrant workers are engaged in the informal sector, lacking written contracts, identification
cards, or employer contributions to provident funds (PF), employee state insurance (ESI), or
pension plans. Consequently, they are not entitled to health insurance, maternity benefits, or
retirement security. In the event of illness, injury, or old age, they find themselves without
any safety net.

Although initiatives such as the One Nation One Ration Card (ONORC) and the e-
Shram portal have been launched to enhance portability and registration, their effectiveness is
limited due to inadequate awareness, digital illiteracy, and poor implementation. Migrant
workers often traverse state lines where welfare benefits are not easily transferable.

To address these issues, it is crucial to guarantee universal access to social security,

enhance coordination between states, and foster inclusive urban policies. Legal reforms
should be accompanied by awareness initiatives, improved registration processes, and robust
institutional support to safeguard the rights and dignity of migrant workers and facilitate their
integration into society.

5.6 GENDER BASED CHALLENGES FOR WOMEN MIGRANT WORKERS

Women migrant workers in India encounter a distinct and intricate array of gender-
specific challenges that frequently remain overlooked in policy debates and labor rights
frameworks. Although migration can provide women with opportunities for financial
independence and empowerment, it simultaneously subjects them to exploitation,
discrimination, and insecurity, largely due to entrenched gender norms and insufficient legal
protections.

A critical issue is the predominance of women in low-wage, unskilled, and informal

employment sectors, including domestic work, construction, garment production, and
agriculture. These industries are often unregulated and lack fundamental labor protections
such as minimum wage standards, maternity leave, and social security benefits. Many women
are employed without formal contracts, rendering them susceptible to wage theft, job
instability, and harassment.

Sexual harassment and gender-based violence pose significant threats, particularly in

isolated or male-dominated workplaces. Women employed as domestic workers or in
factories frequently endure exploitation from employers and have limited options for
reporting abuse due to fears of job loss, lack of legal knowledge, or societal stigma.

Moreover, the issue of a dual workload is prevalent. Even after enduring long working
hours, women are often expected to fulfill household duties, especially when they migrate
with their families. The lack of childcare facilities and support systems exacerbates their
physical and emotional burdens.

Access to healthcare, including reproductive and maternal services, is also limited,

adversely impacting their overall well-being. Many migrant women lack proper identification
and are thus excluded from government health programs and welfare benefits. Language
barriers and inadequate legal literacy further hinder their ability to seek assistance or access
institutional support.

To effectively address these gender-specific challenges, targeted interventions are

necessary. These should include legal protections against harassment, inclusion in social
security programs, access to safe housing and childcare facilities, and awareness initiatives
specifically designed for women.
 CHAPTER 6

COMPARITIVE AND INTERNATIONAL PERSPECTIVES

6.1 INTERNATIONAL LABOUR STANDARS AND ILO CONVENTIONS

International labour standards, established by the International Labour Organization

(ILO), function as global benchmarks aimed at fostering equitable and humane working
conditions for all workers, including migrants. These standards are articulated in ILO
conventions and recommendations, which become legally binding for member states that
choose to ratify them. Although India has not ratified all of these conventions, they still play a
significant role in shaping national policies and labour reforms.

THE PRIMARY ILO CONVENTIONS PERTINENT TO MIGRANT WORKERS

INCLUDE:

1. ILO Convention No. 97 (Migration for Employment Convention, 1949): This convention
seeks to guarantee that migrant workers are afforded equal treatment concerning
employment, working conditions, and social security, similar to that of national workers. It
encourages collaboration among states to ensure fair recruitment and placement of migrant
workers.

2. ILO Convention No. 143 (Migrant Workers Convention, 1975): This convention focuses
on the rights of migrant workers in irregular situations and aims to eliminate exploitative
conditions. It emphasizes the need to combat trafficking and ensure equal treatment
irrespective of migration status.

3. ILO Convention No. 181 (Private Employment Agencies, 1997): This convention governs
private recruitment agencies and aims to safeguard workers from abusive practices,
particularly in the context of cross-border employment.

4. ILO Conventions No. 29 and 105 (Forced Labour Conventions): These conventions
prohibit forced or compulsory labour, a significant risk for many migrant workers who may
face debt bondage, deceptive recruitment, or insufficient legal protections.
 India has ratified ILO Conventions No. 29 and 105, but has not ratified Conventions
97 or 143. Nevertheless, India strives to align its policies with ILO principles, particularly
through recent labour codes such as the Code on Social Security, 2020, and the Occupational
Safety, Health and Working Conditions Code, 2020.

The adoption and implementation of ILO standards are essential for ensuring that
migrant workers have access to decent work, social protection, and dignity, regardless of their
origin or the sector in which they are employed.

6.2 BEST PRACTICES FROM OTHER COUNTRIES

Numerous nations have established progressive frameworks and best practices aimed
at safeguarding the rights, integration, and well-being of migrant workers. Analyzing these
models can provide India with insightful strategies to enhance its own labor migration
policies.

1. GERMANY – LEGAL INTEGRATION AND SKILL RECOGNITION:

Germany has implemented a comprehensive and rights-oriented system for migrant

labor, particularly through its Skilled Immigration Act (2020). This legislation offers legal
avenues for employment, particularly in industries experiencing labor shortages. The country
prioritizes the mutual recognition of qualifications, language education, and social
integration. It guarantees equal remuneration, collective bargaining rights, and social security
benefits for all workers, irrespective of their nationality. Additionally, labor inspections and
union representation play a crucial role in safeguarding the rights of migrants.

2. SOUTH AFRICA – LEGAL EQUALITY AND LABOR RIGHTS:

The Constitution of South Africa ensures that all workers, including migrants, are
granted equal rights, supported by robust anti-discrimination legislation. The Labour
Relations Act and the Basic Conditions of Employment Act guarantee that migrant workers
receive the same wages, working conditions, and protections as their local counterparts. The
existence of a Labour Court system allows both migrants and citizens to address grievances
effectively. Moreover, strong union involvement, including representation for migrant
workers, enhances collective bargaining efforts.

3. BRAZIL – INCLUSIVE SOCIAL SECURITY AND DOCUMENTATION:

 Brazil adopts a rights-based framework that entitles all migrant workers, whether
documented or undocumented, to universal social protections, including healthcare,
education, and housing. The nation issues temporary work permits and encourages
regularization initiatives for those without documentation. The Unified Health System (SUS)
provides free and equitable access to healthcare services for all, including migrants.
Furthermore, Brazil ensures that migrant workers have access to labor courts and legal
assistance.

These global practices highlight the importance of legal protection, social inclusion,
skill recognition, and equal access to rights and benefits. India can adapt elements of these
models especially in legal aid, portability of benefits, and inclusive labour policies to improve
the welfare of its migrant workforce.

6.3: MIGRANT LABOUR RIGHTS IN GLOBAL SUPPLY CHAINS

Migrant workers are essential to global supply chains, particularly in sectors such as
textiles, agriculture, construction, electronics, and domestic services. These supply chains
often rely on inexpensive, adaptable, and mobile labor, with migrant workers filling vital
roles in both production and service areas. Unfortunately, this reliance often leads to
violations of labor rights, as many migrant workers endure exploitative conditions, receive
low wages, work in unsafe environments, and lack legal protections.

The structure of global supply chains frequently outsources labor-intensive tasks to

nations with weaker labor regulations or enforcement. Migrant workers, particularly those in
the lower tiers of these chains, are susceptible to issues such as wage theft, forced labor,
human trafficking, debt bondage, and discrimination. Many are recruited through unregulated
agents or contractors, resulting in illegal recruitment fees and coercive contracts.

To tackle these issues, the United Nations Guiding Principles on Business and Human
Rights (UNGPs) and the International Labour Organization’s (ILO) Decent Work Agenda
encourage companies to implement due diligence frameworks that identify, prevent, and
address labor rights violations within their supply chains. Multinational corporations are
increasingly being held responsible for the treatment of workers at all levels of production,
including migrants.

INTERNATIONAL INITIATIVES AIMED AT SAFEGUARDING MIGRANT LABOR

RIGHTS IN SUPPLY CHAINS INCLUDE:
- The OECD Guidelines for Multinational Enterprises, which advocate for responsible
business practices.

- Fairtrade and Ethical Trading Initiatives, which promote transparency and labor-friendly
sourcing.

- The ILO Fair Recruitment Principles, which seek to eradicate exploitative recruitment
methods.

Countries such as Germany have enacted the Supply Chain Due Diligence Act (2023),
requiring companies to monitor human rights conditions, including the rights of migrant
workers, throughout their supply chains.

6.4 THE ROLE OF MULTINATIONAL CORPORATIONS AND ETHICAL

AUDITING

Multinational corporations (MNCs) significantly impact the working conditions of

migrant laborers, particularly within global supply chains that extend across various nations
and continents. As key players in the economy, MNCs frequently outsource production and
services to areas where labor costs are low and regulatory oversight is minimal, resulting in
migrant workers often becoming essential to these outsourced activities. Unfortunately, this
arrangement can lead to exploitation, as migrant laborers may endure inadequate wages,
substandard working environments, and restricted access to legal protections. In numerous
instances, MNCs capitalize on these vulnerabilities, either directly or indirectly, through their
suppliers and contractors.

Nevertheless, MNCs possess considerable potential to effect positive change. They

have the authority to implement fair labor standards by imposing stringent requirements on
their suppliers, thereby ensuring the protection of rights such as safe working conditions,
equitable wages, and freedom from discrimination. Additionally, the increasing global focus
on corporate responsibility has prompted many MNCs to embrace ethical business practices,
influenced by international guidelines like the UN Guiding Principles on Business and
Human Rights. These guidelines delineate the corporate obligation to prevent or mitigate
human rights violations and to rectify any abuses associated with their operations.

Many MNCs are now engaging in human rights due diligence and conducting social
audits of their supply chains, although some critics contend that these initiatives often lack
transparency and genuine enforcement. Nonetheless, a number of corporations are beginning
to transcend mere compliance by actively promoting ethical recruitment, providing grievance
mechanisms for workers, and enhancing social protections, particularly for vulnerable
populations such as migrant workers.

CHAPTER 7

POLICY RECOMMENDATIONS AND REFORMS

Migrant workers in India are essential to the nation’s economic development;

however, they constitute one of the most at-risk and inadequately protected segments of the
workforce. Their lack of visibility in policy discussions and the informal nature of their jobs
have subjected them to numerous difficulties, such as wage exploitation, substandard
working conditions, insufficient social security, unsafe living environments, and restricted
access to healthcare and education. This scenario necessitates immediate and well-considered
policy measures and legal reforms that are attuned to the realities faced by migrants in their
daily lives and work.

A primary issue is the insufficient legal acknowledgment and safeguarding of migrant

laborers within the current legal framework. Although legislation such as the Inter-State
Migrant Workmen Act of 1979 was intended to offer protection to this demographic,
ineffective enforcement and the growth of informal and unregistered migration have
diminished the efficacy of many of its provisions. Legal reforms should aim to modernize
these laws to accommodate current migration trends, including circular, seasonal, and intra-
state movements. It is crucial to integrate migrant workers into a cohesive labor framework
that clearly delineates the obligations of employers, recruitment agents, and the government
in upholding their rights and well-being.

Social security remains largely unattainable for the majority of migrant workers due
to their informal employment status and the absence of portability across different states.
While the e-Shram portal has been established to develop a national database of unorganised
workers, actual access to welfare benefits continues to be fragmented and inconsistent. It is
crucial to implement systems for universal registration and ensure that benefits such as
healthcare, insurance, pensions, and food entitlements are accessible to workers regardless of
their location. Additionally, prioritizing access to affordable housing, sanitation, and public
services in urban areas where migrants are employed is essential as part of comprehensive
urban development strategies.

The recruitment process, which often operates informally and exploitatively, requires
immediate regulation. Numerous workers are recruited through intermediaries who impose
exorbitant fees, provide misleading information about job conditions, and create
circumstances of debt bondage. The government must regulate recruitment practices by
licensing agents, enforcing transparency in job contracts, and ensuring that recruitment
adheres to fair and ethical standards in line with international guidelines. Grievance redress
mechanisms should be made accessible, efficient, and user-friendly, with particular focus on
vulnerable groups such as women migrant workers, who encounter additional issues related
to gender-based violence, wage discrimination, and insufficient maternity protections.

Labour departments should be equipped with enhanced infrastructure and resources to

effectively enforce regulations and carry out regular inspections, particularly in industries that
significantly depend on migrant workers. Concurrently, it is essential to promote legal
literacy and raise awareness among migrants regarding their rights, benefits, and available
support options. Improving coordination between states, investing in data management
systems, and involving civil society and trade unions will contribute significantly to
establishing a responsive and inclusive framework for the governance of migrant labour.
Ultimately, all policy and legal reforms should be guided by a rights-based and worker-
centric approach to ensure that migrant workers are treated with dignity, fairness, and justice
throughout the nation.
 CHAPTER 8

CONCLUSION

In summary, migrant workers in India encounter numerous difficulties, such as

hazardous working environments, wage exploitation, substandard living conditions,
insufficient legal knowledge, and restricted access to healthcare and social security. These
challenges are especially evident in industrial sectors where migrants are predominantly
engaged in informal or contract-based employment. The Factories Act of 1948 is vital in
providing a legal framework designed to protect workers' rights, encompassing aspects
related to health, safety, working hours, welfare, and essential workplace facilities. However,
the application of this Act concerning migrant workers is often inconsistent and insufficient.

The temporary and informal characteristics of migrant employment frequently

exclude these individuals from the effective protections offered by the Act, diminishing its
ability to uphold their rights and welfare. To achieve meaningful reform, it is crucial to
enhance the enforcement of the Factories Act, broaden its scope to encompass contract and
migrant labor, and ensure regular inspections and accountability. Furthermore, it is essential
to educate migrant workers about their legal rights and facilitate their access to grievance
resolution mechanisms. Ultimately, closing the gap between legal provisions and actual
conditions is vital for safeguarding the dignity, safety, and rights of migrant workers within
India's industrial sectors.