Parliament Question: Welfare of Migrant Labourers

GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA STARRED QUESTION NO. 205 TO BE ANSWERED ON 15.12.2025 WELFARE OF MIGRANT LABOURERS *205. SHRI DILESHWAR KAMAIT: Will the Minister of LABOUR AND EMPLOYMENT be pleased to state: (a) the details of the steps taken/being taken by the Government in all the States including Bihar to ensure that the labourers and workers get employment in their home district/State itself to minimise their migration; (b) the manner in which the Government ensures prompt repatriation of the dead bodies of any workers to their hometowns without causing hardship to their families in the event of an accident; and (c) the details of the steps taken/being taken by the Government to ensure that the families receive pensions without any extra efforts and unnecessary procedural hurdles in case of losing their sole earning member? ANSWER MINISTER OF LABOUR AND EMPLOYMENT (DR. MANSUKH MANDAVIYA) (a) to (c): A statement is laid on the Table of the House. * *****STATEMENT REFERRED TO IN REPLY TO PART (a) TO (c) OF LOK SABHA STARRED QUESTION NO. *205 FOR REPLY ON 15.12.2025 RAISED BY SHRI DILESHWAR KAMAIT REGARDING WELFARE OF MIGRANT LABOURERS. (a) to (c): The four Labour Codes i.e. the Code on Wages, 2019, the Industrial Relations (IR) Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020 have come into force on 21.11.2025, rationalizing 29 existing labour laws for better working conditions, safety, wages, social security & enhanced welfare for worker. These new labour codes mandate appointment letters, universal minimum wages, nationwide social security for unorganised, gig, platform and interstate migrant workers, free annual health check-ups, expanded rights for women to work in all sectors including night shifts, etc. The Codes enhance worker safety, welfare, and social protection across sectors including unorganized workers. Employment generation coupled with improving employability of the youth is a priority of the Government. Accordingly, Government is implementing various employment generation schemes/ programmes. These inter-alia include Prime Minister’s Employment Generation Programme (PMEGP), Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), Deendayal Antyodaya Yojana- National Rural Livelihoods Mission (DAY-NRLM), Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY), Rural Self Employment and Training Institutes (RSETIs), Deen Deendayal Antyodaya Yojana-National Urban Livelihoods Mission (DAY-NULM), PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi), Pradhan Mantri Mudra Yojana (PMMY), etc. The details of various employment generation schemes/programmes being implemented by the Government may be seen at https://dge.gov.in/dge/schemes_programmes. In addition, the Government is implementing Pradhan Mantri Viksit Bharat Rozgar Yojana to support employment generation, enhance employability and social security across all sectors, with special focus on the manufacturing sector. The scheme with an outlay of Rs 99,446 Crore aims to incentivize the creation of more than 3.5 Crore jobs in the country, over a period of 2 years.In order to safeguard the interest of the Migrant workers, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act,1979 provided for registration of certain establishments employing Inter-State Migrant Workers and licensing of contractors. Workers employed with such establishment were to be provided payment of minimum wages, journey allowance, displacement allowance, residential accommodation, medical facilities and protective clothing etc. This Act has now been subsumed in the Occupational Safety, Health and Working Conditions (OSH) Code, 2020. The OSH Code, provides for decent working conditions, minimum wages, grievance redressal mechanisms, toll free helpline, journey allowance, protection from abuse and exploitation and social security to all categories of organized and unorganized workers including migrant workers. With expanded social security, stronger protections and nationwide portability of entitlements, the codes place workers, especially migrant workers firmly at the centre of labour governance. The families of workers who died in accidents were paid compensation as per the provisions of the Workmen Compensation Act, 1923 the Employees Compensation Act, 1923 and Employees State Insurance (ESIC) Act, 1948. Now, both the Acts have been subsumed in Social Security Code, 2020. ESIC pays funeral expenses of ₹15,000 to the dependents / person performing last rites, from day one of insurable employment. As per the Social Security Code, 2020, Compensation in case of death of or injury in plantation workers including migrant plantation workers, the amount of compensation shall be:- (a) where death results from the injury, an amount equal to fifty per cent. of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more; (b) where permanent total disablement results from the injury, an amount equal to sixty per cent. of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more.Provided that the Central Government may, by notification, from time to time, enhance the amount of compensation specified in clauses (a) and (b). The provisions of OSH Code applicable for migrant workers are detailed as under: (i) It shall be the duty of every contractor or the employer, of an establishment employing inter-State migrant workers in connection with the work of that establishment— (a) to ensure suitable conditions of work to such worker having regard to the fact that he is required to work in a State different from his own State; (b) in case of fatal accident or serious bodily injury to any such worker, to report to the specified authorities of both the States and also the next of kin of the worker; (c) to extend all benefits to such worker which are available to a worker of that establishment including benefits under the Employees' State Insurance Act, 1948 or the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force and the facility of medical check-up as available to a worker under clause (c) of sub- section (1) of section 6. (d) The employer shall pay, to every inter-State migrant worker employed in his establishment, in a year a lump sum amount of fare for to and fro journey to his native place from the place of his employment, in the manner taking into account the minimum service for entitlement, periodicity and class of travel and such other matters as may be prescribed by the appropriate Government. (ii) Where at any place in an establishment, an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident or which is of such nature as may be prescribed by the appropriate Government. Then the employer shall send notice thereof to such authorities, in such manner and within such time, as may be prescribed by the appropriate Government. Where a notice given relates to an accident causing death in a plantation or an establishment relating to building or other construction work or anyother establishment, the authority to whom the notice is sent shall make an inquiry into the occurrence within two months of the receipt of the notice or if there is no such authority, the Chief Inspector-cum- Facilitator shall cause the Inspector-cum-Facilitator to make an inquiry within the said period. (iii) If an employer fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made thereunder and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing death, he shall be punishable with an imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both. The Code empowers the courts, upon conviction of an offender for contravention of any duties, to direct that at least 50% of the fine imposed be paid as compensation to the victim in case of serious bodily injury or their legal heirs in case of death. Pradhan Mantri Shram Yogi Maandhan (PM-SYM) is a pension scheme in which unorganised workers in the age group of 18- 40 years can enrol on voluntary basis. The monthly contribution of the beneficiary varies from Rs55 per month to Rs 200 per month according to his/her age. Equal monthly contribution is being provided by the Government. After attaining the age of 60, a monthly pension of Rs 3000 per month is provided to the beneficiary. When the worker dies before attaining the age of 60 years the spouse can continue with the scheme till attaining the age of 60 years and the monthly pension will be Rs. 3000 per month. However, if after attaining the age of 60 the beneficiary dies the pension will be reduced to Rs 1500 per month. The Government is also implementing various social security and welfare measures for unorganized workers, including migrant labourers, such as (i) Pradhan Mantri Jeevan Jyoti Beema Yojana (PMJJBY) and Pradhan Mantri Suraksha Beema Yojana (PMSBY) for life and disability cover respectively, (ii) Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PMJAY) for secondary and tertiary health benefits, (iii) Pradhan Mantri Awas Yojna for housing needs to name a few. *****