Legislative Failure in Addressing Social Security Concerns of Temporary or Short Duration Migrants Working in the Unorganized Sector

Abstract

More than 92% of India’s dauntingly large labour force is currently employed in the unorganized sector. A large segment of this unorganized sector labour force is the Temporary/Seasonal Migrant Workmen. Protection of the migrants is covered by a host of legislations such as the Inter State Migrant Workmen (Regulation and Conditions of Service) Act 1979, the Unorganised Sector Social Security Act, 2008, the Minimum Wages Act, 1948; the Contract Labour (Regulation and Abolition) Act, 1970; the Equal Remuneration Act, 1976, in addition to many employment specific legislations. However, in reality these laws through their narrow definition clauses, complex procedural claims and dismal implementation fail to capture and address the concerns of many temporary/seasonal migrant workmen. As a result, these workers who feature as the lowest rung on the ladder of unorganized sector labour force have been “invisibilised” by the very Legislations that in theory address them. This Article attempts to compressively examine the socio-economic marginalisation of Temporary/Seasonal migrant workmen in the Unorganized Sector especially in context to access to basic amenities, minimum ways and social security; and address the legislative failure in addressing these concerns.