**Executive Summary**
This document presents the Ministry of Labour and Employment's response to a question regarding migrant labour in the marine fisheries sector of Kerala, specifically addressing wage disparities, compliance with labour laws, and enforcement actions. The response clarifies that fisheries is a state subject, and minimum wages are fixed, reviewed, and revised by respective state governments under the Code on Wages, 2019, which became effective on 21.11.2025. The document also refers to the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.
**Key Points / Main Content**
* **Wage Determination:**
* Fisheries is a state subject; therefore, state governments fix minimum wages in the fisheries sector.
* The Code on Wages, 2019, effective from 21.11.2025, subsumes the Minimum Wages Act, 1948.
* Central and State Governments fix, review, and revise minimum wages under their respective jurisdictions.
* **Legal Framework and Migrant Workers:**
* The Inter-State Migrant Workmen Act, 1979, is subsumed under the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.
* The OSH Code, 2020, provides for decent working conditions, minimum wages, grievance redressal, toll-free helpline, and social security for all workers, including migrant workers.
* The OSH Code defines inter-state migrant workers as those employed through recruitment across states or who have independently migrated for employment, earning wages not exceeding Rs. 18,000 per month.
* **Enforcement:**
* In the Central sphere, enforcement is conducted by Inspecting Officers of the Chief Labour Commissioner (Central) or the Central Industrial Relations Machinery (CIRM).
* Compliance in the State sphere is ensured through the State Enforcement Machinery.
* Inspections, audits, and enforcement in the fisheries sector are carried out by respective state governments.
**Impact Analysis**
**State Governments**
* **Impact**
* Responsible for fixing, reviewing, and revising minimum wages in the fisheries sector.
* Responsible for inspection, audit and enforcement of the OSH code.
* Responsible for ensuring compliance with labour laws through their State Enforcement Machinery.
* **Action Required**
* Implement and enforce the provisions of the Code on Wages, 2019, and the OSH Code, 2020.
* Conduct inspections, audits, and enforcement actions in the fisheries sector.
**Migrant Workers in the Fisheries Sector**
* **Impact**
* Entitled to decent working conditions, minimum wages, grievance redressal, and social security under the OSH Code, 2020.
* **Action Required**
* Be aware of their rights under the OSH Code and Code on Wages, 2019.
* Utilize available grievance redressal mechanisms and toll-free helplines to report violations.
**Employers/Contractors in the Fisheries Sector**
* **Impact**
* Subject to compliance with the Code on Wages, 2019, and the OSH Code, 2020.
* Required to provide decent working conditions, ensure minimum wages, and address grievances.
* **Action Required**
* Comply with all relevant labour laws and regulations.
* Ensure proper recruitment practices and working conditions for migrant workers.
Key Entities Referenced
Code on Wages, 2019: Legislation that rationalized and subsumed various labor laws including the Minimum Wages Act, 1948.
Occupational Safety, Health and Working Conditions (OSH) Code, 2020: Legislation that includes provisions for migrant worker safety, health, and working conditions, and subsumes the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979.
Minimum Wages Act, 1948: Act providing for the fixation of minimum rates of wages in certain employments which has been subsumed under the Code on Wages, 2019.
Kerala: Indian state where the migrant labor in the marine fisheries sector is being examined.
Ministry of Labour and Employment: The central ministry responsible for addressing the issues related to migrant labour and compliance with labor laws.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 274
TO BE ANSWERED ON 02.02.2026
MIGRANT LABOUR IN MARINE FISHERIES SECTOR OF KERALA
274. DR. SHASHI THAROOR:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)whether it is a fact that migrant workers who constitutes
significant percentage of workforce in the fisheries sector earn
significantly less than native workers, averaging Rs.25,000 per
month in harvest activities compared to Rs.30,000 for natives, and
only Rs.11,000 per month in post-harvest work;
(b)if so, the steps taken by the Government to ensure compliance
with minimum wage laws, decent working conditions and humane
living standards for such workers; and
(c)the details of inspections, audits, or enforcement actions carried
out in Kerala’s fisheries sector during the last three years and the
current year under the Code on Social Security and the
Occupational Safety, Health and Working Conditions Code along
with violations detected and penalties imposed?
ANSWER
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SUSHRI SHOBHA KARANDLAJE)
(a) to (c): Fisheries is a state subject under 7th Schedule of the
Constitution of India. In the fisheries sector, the respective state
Government fixes the minimum wages.
The provisions of the Minimum Wages Act, 1948, have
been rationalized and subsumed under the Code on Wages, 2019
which have been made effective from 21.11.2025. Under the
provisions of Code on Wages, 2019, the Central Government and the
State Governments, as appropriate Government, fix, review and
revise the minimum wages for all employments under their
respective jurisdictions.
Contd..2/-:: 2 ::
The Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Services) Act, 1979 has 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,
and social security to all category of organised and unorganized
workers including migrant workers.
In the OSH Code, 2020 inter-state migrant worker has
been defined as a person who is employed in an establishment who
has been recruited directly by the employer or indirectly through
contractor in one State for employment in such establishment
situated in another State or, has come on his own from one State and
obtained employment in an establishment of another State or has
subsequently changed the establishment within the destination
State Under an agreement or other arrangement for such
employment and draws wages not exceeding the amount of
Rs.18000/- per month.
In the Central sphere, the enforcement is done through
the Inspecting Officers of the Chief
Labour Commissioner (Central), commonly designated as Central
Industrial Relations Machinery (CIRM) and the compliance in the
State sphere is ensured through the State Enforcement Machinery.
Since, fisheries is a State subject under 7th Schedule of
the Constitution of India, inspection, audit and enforcement under the
fisheries sector are carried out by the respective state Governments.
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