Boss2966
Industrial Relations
PTRC
Working With Ngo
[email protected]
Sr Manager Hr & Administration
J.Gopi Krishna
Agm Hr & Ir

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Dear All,
Can you help me in clearing this querry:-
The particular governments are not particular in implementing Interstate migrant workman act, and practically also, implementing interstate migrant workman act is getting difficult.
What are the consequences one organization(w.r.to construction industry) will face, if it is not followed
Regards
GK - HR

From India, Mumbai
The Interstate Migration act is not fallowing by the number of employers, now i want to say that about 90% of employers are fallowing the statutory compliance why they fallow the inter state migration. If you need any clarification on the Indian Statutory compliance you may reach me
9866917232
Lakshmi

From India, Hyderabad
Dear Gopi Krishna
As a matter of fact, if you engage any contractor under you from Orissa for supply of manpower, surely he will be having the Interstate migrant workmen act registration. As per that, the migrated workmen must be paid with to and fro conveyance from his home town to the work place. The workmen will have to be paid as per the state's wage rate from time to time. In Andhra Pradesh, already the wage rate is higher than any other state. Hence you need not bother about the Interstate Migrant workmen act. You simply insist your contractors to maintain such documents which are relevant to IMWA.

From India, Kumbakonam
1. Inter-State Migrant Workmen Act, 1980 is applicable to (a) every establishment in which and (b)to every contractor, who employs or who employed 5 or more inter-state migrant workmen (whether or not in addition to other workmen) on any day of the preceding 12 months.

2. Workmen means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled,manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person-

a. who is employed in a managerial or administrative capacity

b. who being employed in a supervisory capacity, draws wages exceeding Rs.500/-p.m. or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature

So, it is clear, if you law abiding citizen you are required to implement the provisions laid out. This law of the land and it is not left on the Stats to enforcement. No Govt is interested in enforcing any law which is not "popular" among the "ruling" (read class of society who has monetary or other powers) class. It is the law abiding citizens who should insist for enforcement of law to maintain social balance which is always good for growth of business and society as well as peace and democracy.

When you have raised the question of "consequences"- there are different punitive actions for breach of different provisions which ranges from Rs. 100 to Rs.2000 and/or imprisonment up to two years.

Would you look up to the extent of fine to decide whether to enforce the law or not? If this how a business is run? Is this the business ethics? Here I do not level any allegations on any one as I know the person raising question in this forum is forthright and it shows the sincerity to implement the law- but an individual in any power structure can not take decision any decision. HR people can only advice and insist for implementation of legal provisions. Let us not wait for the bureaucrats to decide on whether or not implement the law or not.

Thank you, GK for raising the issue and giving opportunity to express myself

From India, Coimbatore
I work in an establishment in Hyderabad where there are a total of 800 contract workmen working under 30 contractors. Can somebody please suggest how I can find out if there are any inter-state migrant workmen working here? Checking what kind of records may provide accurate information?
Has anyone had an inspection under this act? In that case, which records were checked by the Inspector to determine if there are any inter-state migrant workmen in the factory?

From India
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