Navigating ISMW Act Compliance: Can Undertaking Letters from Contractors and Workers Help?

Contractual Manpower and ISMW Act Compliance

We have contractual manpower, and most of the workers mobilized are from out of state. However, the contract manpower is mobilized only through the contractor and not recruited in accordance with ISMW rules. The contract manpower directly approaches the contractor for employment.

In this scenario, will the ISMW Act be applicable, or can we manage it through an undertaking letter from the contractor and the concerned workers stating that such contract manpower is recruited or employed directly? For instance, if the contract manpower comes directly to the worksite for employment without being employed through the State District Labour Authority.

Please suggest how we can manage this through an undertaking letter obtained from the contractor as well as from the contract worker to comply with the ISMW Act. Please advise.

Regards, Ajay [Phone Number Removed For Privacy-Reasons]

Interstate Migration and Employment Compliance

The person seeking employment at your place is not considered an interstate migration worker, even though they are from another state. In this case, no migration is taking place, and you are not responsible for their relocation to your state.

There are several thousand people from other states who are staying and working, often changing jobs from one to another. In this scenario, ask the person to provide a local address of residence along with a declaration.

Compliance with the Interstate Migrant Workmen Act

Additionally, if any migration is happening for the supply of manpower to x, y, and z, it is necessary to obtain approval from the government and adhere to the relevant regulations. Compliance with the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act must be ensured by the contractor engaging workmen for migration.