We have contractual manpower and most of the workers mobilised from out of states. But here contract manpower mobilising thru contractor only and not mobilising / recruiting as per ISMW rules, contract manpower directly approaching to contractor and employing.
In this scenario whether ISMW act will be applicable or we may manage thru undertaking letter from contractor and concern workmen that such contract manpower recruited / employ directly i.e. contract manpower directly came to at work site for employment, they not employ thru State District labour authority.
Please suggest how will manage this thru undertaking letter obtain from contractor as well as from contract worker to comply the ISMW act.
Please suggest.

From India, Hyderabad


The person seeking employment at your place is not coming under inter state migration worker although the person is from other state. In said case no migration is taking place neither you remained responsible for his coming to your state.
There are several thousand people of other states are staying and working and also change job from one to another. In this scenario asked the person to provide local address of staying with a declaration.
Further, if any migration is taking place for manpower supply to x,y&z needs to have concurrence from the Govt and follow the rules there under. The compliance under ISMW has to be done by the contractor engaging workmen on migration.

From India, Mumbai

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