Employment of Migrant Workmen
Online Link to Act/Rule/Legislation
Initial Setup or Ongoing Maintenance
Ongoing compliance requirement
Filing and Maintenance Requirements
• The Migrant Workmen Act applies to:
- every establishment in which 5 (five) or more inter-state migrant workmen are employed or who were employed on any day of the preceding 12 (twelve) months; and
- every contractor who employs or who employed 5 (five) or more inter-state migrant workmen on any day of the preceding 12 (twelve) months.
• Inter-state migrant workman essentially means any person who is recruited by or through a contractor in one State for employment in an establishment in another state.
• Each principal employer of an establishment to which the Migrant Workmen Act applies is required to get its establishment registered with the relevant registering officer appointed under the Migrant Workmen Act.
• Each contractor to whom the Migrant Workmen Act applies is required to obtain a license from the licensing officer appointed under the Migrant Workmen Act. The license granted to contractors specifies the terms and conditions of employment of the inter-state migrant workmen.
• Any person who contravenes the provisions of the Migrant Workmen Act is liable to be punished with (i) imprisonment extending up to 1 (one) year; or (ii) fine extending up to Rs. 1,000 (Rupees One Thousand only); or (iii) both. Further, where a contravention is of continuing nature, the adjudicating authority concerned may impose an additional penalty of up to Rs. 100 (Rupees One Hundred only) per day for the period of continued contravention.
• Further, in the event the offence is committed by a company, every person who was in charge of the company at the time the offence was committed, is liable for the offence and if it is proved that the offence has been committed with the consent or connivance of or attributable to any neglect on part of any director, manager, secretary or other officer of the company, they shall also be deemed guilty of that offence.
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