**Executive Summary**
This document presents the Ministry of Labour & Employment's response to questions regarding discrimination against migrant laborers, specifically focusing on data from 2021-2025. It highlights the eShram portal, launched on August 26, 2021, as a national database for unorganized workers, including migrant workers, and mentions updates to laws protecting these workers. The response includes data as of December 3, 2025.
**Key Points / Main Content**
* **eShram Portal:**
* Launched on August 26, 2021, as a National Database of Unorganized Workers.
* Available to States/UTs for registration of unorganized workers, including migrant workers.
* Allows self-registration of unorganized workers.
* Aims to create a national database of unorganized workers seeded with Aadhaar.
* Over 31.39 crore unorganized workers registered as of December 3, 2025.
* State-wise data of registered workers is annexed.
* **Legal Framework for Migrant Worker Protection:**
* The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979, provides for the registration and licensing of establishments employing inter-state migrant workers.
* Workers are entitled to minimum wages, journey allowance, displacement allowance, residential accommodation, medical facilities, and protective clothing.
* The Inter-State Migrant Workmen Act has been subsumed by the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.
* The OSH Code, 2020 provides for decent working conditions, minimum wages, grievances redressal mechanisms, toll free helpline, protection from abuse and exploitation and social security to all category of organized and unorganized workers including migrant workers.
* **Enforcement and Jurisdiction:**
* Labour is under the Concurrent List, regulated by both State and Central Governments.
* Central Industrial Relations Machinery (CIRM) conducts inspections in the Central Sphere.
* State Governments are mandated to enforce the Act in the State Sphere.
**Impact Analysis**
**Stakeholder: Migrant Workers**
* **Impact:** Intended to be protected from discrimination and exploitation through the eShram portal and legal frameworks.
* **Action Required:** Register on the eShram portal for access to benefits. Be aware of their rights and entitlements under the OSH Code, 2020.
**Stakeholder: Employers**
* **Impact:** Required to comply with registration and licensing requirements under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979 and the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.
* **Action Required:** Ensure registration of establishments employing inter-state migrant workers and comply with minimum wage, working conditions, and other requirements outlined in the OSH Code, 2020.
**Stakeholder: State and Central Governments**
* **Impact:** Responsible for enforcing the legal provisions and regulations aimed at protecting migrant workers.
* **Action Required:** Ensure effective enforcement of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979 and the Occupational Safety, Health and Working Conditions (OSH) Code, 2020, through regular inspections and other mechanisms.
**Stakeholder: Ministry of Labour & Employment**
* **Impact:** Responsible for implementing and overseeing the eShram portal and associated regulations.
* **Action Required:** Maintain and update the eShram portal, monitor registration data, and ensure effective implementation of policies and regulations aimed at protecting migrant workers.
Key Entities Referenced
eShram portal: A national database of unorganized workers, including migrant workers, for registration and access to social security benefits.
Occupational Safety, Health and Working Conditions (OSH) Code, 2020: A code that subsumes previous acts and provides for decent working conditions, minimum wages, and social security for organized and unorganized workers, including migrant workers.
Ministry of Labour and Employment: The Indian government ministry responsible for policies related to labor, employment, and welfare of workers.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979: An act providing for registration of establishments employing inter-state migrant workers and licensing.
West Bengal: Indian State from which migrant workers allegedly faced discrimination; state-wise data on eShram registrations is also mentioned.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 1277
TO BE ANSWERED ON 08.12.2025
DISCRIMINATION OF MIGRANT LABOUR
1277. SHRI ABHISHEK BANERJEE:
SHRI KALYAN BANERJEE:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)the details of the number of migrant labourers recorded during the
year from 2021 to 2025 across the country, State-wise;
(b)whether it is a fact that migrant workers from West Bengal have
been detained or discriminated on linguistic grounds in various
States, if so, the details thereof, case-wise; and
(c)the details of the measures taken by the Government to ensure
protection against discrimination of migrant labourers, particularly
on the basis of language or place of origin and castes?
ANSWER
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SUSHRI SHOBHA KARANDLAJE)
(a) to (c): The Ministry of Labour & Employment launched eShram
portal, a National Database of the Unorganised Workers on 26th
August, 2021. It has also been made available to the States/UTs for
registration of unorganised workers including migrant workers. It
allows an unorganised worker to register himself or herself on the
portal on a self- declaration basis. The main objective of the eShram
portal is to create a national database of unorganised workers
seeded with Aadhaar. As on 03.12.2025, over 31.39 crore unorganized
workers including migrant workers have registered on eShram portal.
State-wise number of unorganized workers including migrant workers
registered on eShram portal is annexed.
In order to safeguard the interest of the Migrant workers,
Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Services) Act,1979 provides for registration of certain
establishments employing Inter-State Migrant Workers and licensing
Contd..2/-:: 2 ::
of contractors. Workers employed with such establishment are to be
provided payment of minimum wages, journey allowance,
displacement allowance, residential accommodation, medical
facilities and protective clothing etc.
This Act has now been subsumed in the Occupational
Safety, Health and Working Conditions (OSH) Code, 2020. The OSH
Code, provides for decent working conditions, minimum wages,
grievances redressal mechanisms, toll free helpline, protection from
abuse and exploitation and social security to all category of
organized and unorganized workers including migrant workers. With
expanded social security, stronger protections and nationwide
portability of entitlements, the codes place workers, especially
migrant workers firmly at the centre of labour governance. The Code
will be applicable to every establishment in which ten or more inter-
state migrant workers are employed or were employed on any day in
the preceding twelve months.
‘Labour’, being a subject under the Concurrent List, is
regulated by both the State Government and the Central Government
within their respective jurisdictions. The enforcement authorities
under Central Industrial Relations Machinery (CIRM) conduct regular
inspections of the registered establishments and licensed
contractors in the Central Sphere. The State Governments are
mandated to enforce the Act, in the State Sphere.
* *****ANNEXURE
ANNEXURE REFERRED TO IN REPLY TO PART (a) TO (c) OF LOK SABHA UN-
STARRED QUESTION NO. 1277 FOR 08.12.2025 REGARDING “DISCRIMINATION OF
MIGRANT LABOUR” RAISED BY SHRI ABHISHEK BANERJEE & SHRI KALYAN
BANERJEE.
State-wise number of unorganised workers registered on eShram portal, as on 03.12.2025
S. States Registration on eShram Portal as
N. on 03.12.2025
1. ANDAMAN AND NICOBAR ISLANDS 34,995
2. ANDHRA PRADESH 87,65,525
3. ARUNACHAL PRADESH 2,12,610
4. ASSAM 77,81,955
5. BIHAR 3,20,88,940
6. CHANDIGARH 1,89,688
7. CHHATTISGARH 86,29,306
8. DELHI 36,02,726
9. GOA 87,413
10. GUJARAT 1,22,74,240
11. HARYANA 54,13,464
12. HIMACHAL PRADESH 20,11,538
13. JAMMU AND KASHMIR 36,11,958
14. JHARKHAND 97,90,502
15. KARNATAKA 1,09,84,695
16. KERALA 60,93,770
17. LADAKH 35,110
18. LAKSHADWEEP 2,858
19. MADHYA PRADESH 1,91,32,083
20. MAHARASHTRA 1,81,99,029
21. MANIPUR 4,69,441
22. MEGHALAYA 3,58,615
23. MIZORAM 72,663
24. NAGALAND 2,42,170
25. ODISHA 1,36,65,326
26. PUDUCHERRY 1,97,398
27. PUNJAB 59,07,395
28. RAJASTHAN 1,51,21,791
29. SIKKIM 50,347
30. TAMIL NADU 94,89,987
31. TELANGANA 46,06,527
32. THE DADRA AND NAGAR HAVELI AND
DAMAN AND DIU 75,645
33. TRIPURA 9,00,206
34. UTTAR PRADESH 8,41,60,051
35. UTTARAKHAND 31,00,938
36. WEST BENGAL 2,65,36,224
Total 31,38,97,129
*****