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Inter-State Migrant Workmen ISMW Act 1979

Inter-State Migrant Workmen ISMW Act 1979

Inter-State Migrant Workmen Act, 1979

1. Introduction

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (ISMW Act) was enacted to regulate the employment of inter-state migrant workers and protect them from exploitation. The Act ensures proper working conditions, wage parity, and welfare measures for workers recruited from one state for employment in another.

2. Objectives of the Act

  • Regulate employment of inter-state migrant workers.
  • Prevent exploitation by contractors and middlemen.
  • Ensure fair wages and equal treatment.
  • Provide proper working and living conditions.

3. Applicability

  • Establishments employing 5 or more inter-state migrant workers.
  • Contractors recruiting 5 or more inter-state migrant workers.

The Act applies to workers recruited through contractors for employment in another state.

4. Registration and Licensing

  • Principal Employers must register their establishments.
  • Contractors must obtain a valid license.
  • Contractors must issue passbooks to workers with employment details.
  • Engaging workers without registration or license is prohibited.

Documents Required for ISMW Registration

1. Application Form
  • Form I – Registration of Establishment
2. Identity Proof
  • Aadhaar Card
  • PAN Card (Proprietor/Company)
3. Establishment Documents
  • Certificate of Incorporation
  • Partnership Deed
  • Proprietorship Declaration
4. Address Proof
  • Rental / Lease Agreement
  • Electricity Bill / Property Tax Receipt
5. Business Registration Proof
  • Shops & Establishment License
  • Factory License / Other Registration
6. Contractor Details
  • Name & Address
  • License Details
7. Migrant Worker Details
  • Number of Workers
  • State of Recruitment
  • Nature of Work
8. Agreement
  • Work Order between Employer and Contractor
9. PAN / GST
  • PAN Card
  • GST (if applicable)
10. Registration Fee
  • Based on number of workers

5. Wage and Service Conditions

  • Wages must be equal to or higher than local workers.
  • Displacement allowance must be paid.
  • Journey allowance must be provided.
  • Timely payment without unauthorized deductions.

6. Welfare and Facilities

  • Residential accommodation.
  • Medical facilities and protective gear.
  • Safe working conditions.
  • Access to canteen, restrooms, and drinking water.

7. Penalties

Non-compliance may result in fines, imprisonment, or both. Authorities conduct inspections to ensure adherence.

8. Importance of the Act

  • Protects migrant workers from exploitation.
  • Ensures fair wages and humane conditions.
  • Improves accountability of employers and contractors.
  • Strengthens labour rights across states.

9. Conclusion

The ISMW Act, 1979 plays a crucial role in safeguarding migrant workers by ensuring fairness, dignity, and proper working conditions across state boundaries.

Our Contribution

  • End-to-end compliance support under the ISMW Act from registration to inspection.
  • Handling discrepancies and inspection-related issues efficiently.
  • Supporting both employers and employees for full compliance and benefits.