Navigating Legal Steps for Hiring Interstate Migrant Workers Directly – What Do We Need to Know?

Dear Colleagues, I would like to know the formalities in recruiting interstate migrant workers not through a contractor but through direct recruitment by the Principal Employer. In fact, we have recruited a few interstate migrant workers in an Andhra Pradesh Establishment, and we would like to know whether we need to register and obtain permission under the provisions of the Act. If so, where should we register our company to obtain such permission to recruit these workers?

Your enlightenment on this subject is highly appreciated.

Thanks and high regards,
Devaraajan N.
Email: [Email Removed For Privacy Reasons]
Phone: [Phone Number Removed For Privacy Reasons]

We are planning to engage employees from other states in our company on a temporary basis. Should we follow any formalities for engaging these employees directly rather than through a contract? Please let me know.

Regards,
Nizammuddin K.
[Phone Number Removed For Privacy Reasons]

Please go through the https://www.citehr.com/303924-inter-...ml#post1638731 link where I have replied and attached the Interstate Migrant Workers Act and Rules for your ready reference.

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?

Inspection Records for Inter-State Migrant Workmen

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?

Clarification on Registration Requirement Under the Act

As per my understanding of Sec 2(b) of the Act, "whoever recruits or employs workmen" falls under its purview. Hence, whether the principal employer or contractor, registration is a must. However, Sec 2(e) brings about ambiguity in the Act, as an Inter-State Migrant Workman should invariably be recruited by a contractor only for the Act to be applicable.

Previous participants in the discussion have completely ruled out the need for employers to get registered based on Sec 2(e).

Kindly indicate whether any Honourable Supreme Court/High Court judgment has been passed to such effect.

Regards,
L. K. Nongrum