Hello Every one
Applicability of the Inter State Migrant Workmen (Regulation of Employment & Conditions of Service) Act 1979 and Rules made there under to our Company.
I have examined the Act and prima facie if an establishment employs five or more inter state migrant workmen in a day during the year, then this act will apply. Inter State Migrant Workmen means a person for whom appointment by a contract is given in one state for employment in any establishment situated in another state.
Our factory is situated on Punjab & Himachal Border. Daily labour from Punjab is coming to attend their duties. Whether we considered them Migrant Workmen.
Secondly, In our Packing Plant, we have hired labour through contractor & they are from Bihar State & they are working since 7 years & they have Ration Card, Voter Card & Aadhar Card of Himachal State.
In above cases, whether Inter State Migrant Workmen act is applicable in our Industry.
From India, Mumbai
7Applicability of the Inter State Migrant Workmen (Regulation of Employment & Conditions of Service) Act 1979 and Rules made there under to our Company.
I have examined the Act and prima facie if an establishment employs five or more inter state migrant workmen in a day during the year, then this act will apply. Inter State Migrant Workmen means a person for whom appointment by a contract is given in one state for employment in any establishment situated in another state.
Our factory is situated on Punjab & Himachal Border. Daily labour from Punjab is coming to attend their duties. Whether we considered them Migrant Workmen.
Secondly, In our Packing Plant, we have hired labour through contractor & they are from Bihar State & they are working since 7 years & they have Ration Card, Voter Card & Aadhar Card of Himachal State.
In above cases, whether Inter State Migrant Workmen act is applicable in our Industry.
From India, Mumbai
Hi !!
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose is to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act creates provision to employ better skilled workers available outside the state.
Rights of interstate workers
In addition to the general labour laws applicable to all workers, the interstate workers are entitled with equal or better wages for the similar nature & duration of work applicable for the local workmen or stipulated minimum wages under the Minimum Wages Act, 1948 whichever is more,
displacement allowance (Section 14),
home journey allowance (Section 15) including payment of wages during the period of journey,
suitable residential accommodation and medical facilities free of charge on mandatory basis.
Termination of employment after the contract period without any liability.
Right to lodge compliant with the authorities within three months of any incident, accident, etc.
Role of contractors
Registration of all contractors who employs or employed five or more Interstate Migrant Workmen on any day of the preceding 12 months.
Furnish the details of workmen periodically in such forms as prescribed by state government.
Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities.
Issue of passbook affixed with a passport-sized photograph of the workman indicating the name and the place of the establishment where the worker is employed, the period of employment, rates of wages, etc. to every inter-state migrant workman.
Reporting by the contractor the incidence of fatal accident or serious injury of such workman to the specified authorities of both the States and also the next of kin of the workman.
Liable for the prescribed punishments for violations committed under this Act.
Role of principal employers
Registration of all principal employers who employs or employed directly or indirectly five or more Interstate Migrant Workmen on any day of the preceding 12 months.
Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities.
Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner and may be prescribed.
Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by the contractor to effect the same.
Liable for the prescribed punishments for violations committed under this Act.
Role of state governments
Appointment of inspectors to oversee implementation of this act.
Appointment of registration officers to grant and revoke registration of contractors / principal employers / establishments.
Appointment of licensing officers to grant, suspend and revoke licenses to contractors / principal employers / establishments
Making rules for carrying out the purposes of this Act subject to the condition of previous publication
Entertaining appeals from the aggrieved parties and disposal of the same as per this Act
From India, Bombay
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose is to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act creates provision to employ better skilled workers available outside the state.
Rights of interstate workers
In addition to the general labour laws applicable to all workers, the interstate workers are entitled with equal or better wages for the similar nature & duration of work applicable for the local workmen or stipulated minimum wages under the Minimum Wages Act, 1948 whichever is more,
displacement allowance (Section 14),
home journey allowance (Section 15) including payment of wages during the period of journey,
suitable residential accommodation and medical facilities free of charge on mandatory basis.
Termination of employment after the contract period without any liability.
Right to lodge compliant with the authorities within three months of any incident, accident, etc.
Role of contractors
Registration of all contractors who employs or employed five or more Interstate Migrant Workmen on any day of the preceding 12 months.
Furnish the details of workmen periodically in such forms as prescribed by state government.
Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities.
Issue of passbook affixed with a passport-sized photograph of the workman indicating the name and the place of the establishment where the worker is employed, the period of employment, rates of wages, etc. to every inter-state migrant workman.
Reporting by the contractor the incidence of fatal accident or serious injury of such workman to the specified authorities of both the States and also the next of kin of the workman.
Liable for the prescribed punishments for violations committed under this Act.
Role of principal employers
Registration of all principal employers who employs or employed directly or indirectly five or more Interstate Migrant Workmen on any day of the preceding 12 months.
Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory authorities.
Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner and may be prescribed.
Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by the contractor to effect the same.
Liable for the prescribed punishments for violations committed under this Act.
Role of state governments
Appointment of inspectors to oversee implementation of this act.
Appointment of registration officers to grant and revoke registration of contractors / principal employers / establishments.
Appointment of licensing officers to grant, suspend and revoke licenses to contractors / principal employers / establishments
Making rules for carrying out the purposes of this Act subject to the condition of previous publication
Entertaining appeals from the aggrieved parties and disposal of the same as per this Act
From India, Bombay
Hi slamba_009 !!
Please checked your factory's registered address. If in this address, suppose state is mentioned Punjab, then all employees who are having their permanent address in Punjab state this act is not applicable. If any employee having their permanent address in other state then this act is applicable.
As per the act, “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment;
From India, Bombay
Please checked your factory's registered address. If in this address, suppose state is mentioned Punjab, then all employees who are having their permanent address in Punjab state this act is not applicable. If any employee having their permanent address in other state then this act is applicable.
As per the act, “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment;
From India, Bombay
The Act is applicable only if the workers fulfills the definition of' Inter state migrant worker' as per sec 2(e) of the Act.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Halo Sirs,
I am a researcher interested in looking into the utility and rationale of the Act in discussion here. Most importantly its functioning which could be aligned with the scholarly area of sociology of law!
Could you people please show me the way how to proceed with this. My tentative universe of research may be Surat District in the state of Gujarat.
Regards,
Nitin K Shahi
From India, undefined
I am a researcher interested in looking into the utility and rationale of the Act in discussion here. Most importantly its functioning which could be aligned with the scholarly area of sociology of law!
Could you people please show me the way how to proceed with this. My tentative universe of research may be Surat District in the state of Gujarat.
Regards,
Nitin K Shahi
From India, undefined
Dear Sir, What is the security deposit rules for ISMW act 1979. Thanks , Samiran Das
From India, Rohtak
From India, Rohtak
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RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf