2015 (034) Ilo PDF

THE ROLE OF INTERNATIONAL LABOUR ORGANIZATION IN
i i i i i i
PROTECTION OF MIGRANT WORKERS: A CRITICAL

i i i i i i
ANALYSIS
i
By
ESHWAR MUDRAGADA – 2015034 i i i
5 Year Integrated B.A., L.L.B. (Hons.).

i i i i i
INTERNATIONAL LABOUR ORGANIZATION AND LABOUR

i i i i
LAWS
i
Under the Supervision of

i i i
Dr. CH. LAKSHMI

i i
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,

i i i i
NYAYAPRASTHA, SABBAVARAM, VISAKHAPATNAM -531035

i i i i
ANDHRA PRADESH, INDIA i i
DATE OF SUBMISSION i i
31-05-2020
(May, 2020) i
1
CERTIFICATE
PROJECT TITLE: The Role of International Labour Organization in protection of Migrant

i i i i i i i i i i i
Workers: A Critical Analysis.

i i i i
FACULTY’S NAME: Dr. Ch.Lakshmi i i i
I, Eshwar Mudragada hereby declare that this project on The Role of International Labour
i i i i i i i i i i i i i
Organization in protection of Migrant Workers: A Critical Analysis, submitted by me is an

i i i i i i i i i i i i i i
original work done by me. I have accredited all those sources using which the project has been
i i i i i i i i i i i i i i i i i
made.
i
Signature of the student i i i iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiii Signature of the Faculty i i i
2
ACKNOWLEDGEMENT
Successful achievement of any task would be incomplete without mentioning the people who
i i i i i i i i i i i i
have made it achievable. So, it is with the thankfulness that I acknowledge the aid, which
i i i i i i i i i i i i i i i i
crowned my hard work with accomplishment.

i i i i i i
I owe my gratitude to Dr. Ch.Lakshmi, Faculty International Labour Organization and

Labour Laws, for her constant guidance and support. I would also like to thank the various
department officials and staff who not only provided me with required opportunity but also
extended their valuable time and I have no words to express my gratefulness to them.
i i i i i i i i i i i i i i i
Last but not least I am very much indebted to my family and friends for their warm
encouragement and moral support in conducting this project work.

i i i i i i i i i
3
LIST OF ABBREVIATIONS
i i
S.NO. ABBRIEVATION FULL FORM i
1 ILO International Labour i
Organization
i
2 GDP Gross Domestic Product

i i
3 GATS General Agreement on Trade i i i
in Services
i i
4 CMW Conventions on Migrant i i
Workers
i
5 IOM International Organization for i i
Migration
i
6 USSR Union of Soviet Socialist

i i i
Republic
i
7 USA United States of Americai i i
8 POE Protector of Emigrants i i
9 ICESCR The International Covenant on

i i i
the Economic, Social and

i i i i
Cultural Right
i i
10 UN United Nations i
11 CEC Centre for Education andi i i
Communication
i
12 NCL National Commission of i i
Labour
i
4
13 BPL Below Poverty Line
i i
14 PSI Public Services International

i i
15 UK United Kingdom
i
16 OECD Organization for Economic

i i
Co-operation and
i i
Development
i
17 WHO World Health Organization

i i
5
TABLE OF CONTENTS
i i
 INTRODUCTION
 DEFINITION & MEANING i i
 TYPES OF MIGRATION
i i
 CAUSES OF LABOUR MIGRATION

i i i
 ECONOMIC REASONS FOR MIGRATION\ i i i
 WAGE DIFFERENTIALS i
 UNEMPLOYMENT
 PURCHASING POWER PARITY i i
 WELFARE PACKAGES i
 LACK OF SOCIAL AMENITIES & INFRASTRUCTURES

i i i i i
 POOR PLANNING POLICIES & COLONIAL TIES

i i i i i
 PROXIMITY & CHEAP TRANSPORTATION i i i
 NATURAL DISASTER i
 LABOUR MIGRATION – INTERNATIONAL SCENARIO

i i i i
 INTERNATIONAL MIGRATION FROM INDEPENDENT INDIA i i i i
 TRENDS IN INTERNATIONAL MIGRATION BETWEEN INDIA AND

i i i i i i
MIDDLE EAST
i i
 INTERNATIONAL LEGAL PROVISIONS APPLICABLE TO MIGRANT i i i i i
i LABOUR
 INTERNATIONAL ORGANIZATION FOR MIGRATION(IMO) i i i
 EFFECTS AND IMPACT OF LABOUR MIGRATION

i i i i i
 PROBLEMS ENCOUNTERED BY MIGRANTSi i i
 KEY ISSUES FOR INTERNATIONAL LABOUR MIGRATION

i i i i i
 SUGGESTIONS
 CONCLUSION
 BIBLIOGRAPHY
6
INTRODUCTION
Migration for employment is an important global issue, which now affects most countries in the
world. Two major labour market forces are in operation today that result in increased migration
for work – many people of working age either cannot find employment or cannot find
employment adequate to support themselves and their families in their own countries, while
some other countries have a shortage of workers to fill positions in various sectors of their
economies. Other factors include demographic change, socio-economic and political crises,
i i i i i i i i i i
and widening wage gaps within, as well as between, developed and developing countries. There
is consequently much movement across borders for employment, with women independently
migrating for work in considerably greater numbers than in the past and now comprising about
half of all migrant workers.

i i i i i
Labour migration can have many beneficial elements for those countries which send and receive
migrant workers, as well as for the workers themselves. It can assist both origin and destination
countries in economic growth and development. While acknowledging the sovereign right of
States to develop their own labour and migration policies, it is important to direct attention to
the need to adopt coherent and comprehensive national policies to effectively manage labour
migration and to protect migrant workers. Special attention should be given to the multiple
disadvantages and discrimination often faced by migrant workers on the basis of gender, race
and migrant status. Further, issues related to the movement of workers across national borders
cannot be effectively addressed when countries act in isolation; hence, international

cooperation in managing labour migration can be valuable in addressing national interests.

The ILO Multilateral Framework comprises non-binding principles and guidelines for labour
i i i i i i i i i i
migration. It is derived from extensive research, as well as compilation and review of labour
migration practices in all regions of the world. It has been drawn from principles contained in
relevant international instruments and international and regional policy guidelines, including
i i i i i i i i i i
the International Agenda for Migration Management. Governments and the social partners are
invited to give effect to the principles and guidelines therein. The Framework includes
examples of best practices in Annex II. Relevant instruments that relate to the principles are
referenced below under the principles. The provisions of the Framework shall not limit or
otherwise affect obligations arising out of the ratification of any ILO Convention. It is designed
to provide practical guidance to governments and to employers’ and workers’ organizations

7
with regard to the development, strengthening and implementation of national and international
labour migration policies. It can also guide other parties interested in labour migration issues.
The economic literature has frequently emphasized the significance of migration research that
focuses on the links between labor migration and the economic development of migrant-
sending regions and a growing number of researchers and policy makers are joining the debate
on the economic consequences of migration.

i i i i i i
The movement of heterogeneously skilled workers between distinct labor markets, both
i i i i i i i i i i
internally and internationally, is intrinsically linked to the global flow of capital and goods as
this flow of factors determines the returns to labor in an economy. This dissertation seeks to
explore and quantify those links. Taking into account the savings behavior of workers who
migrate temporarily, a model derives the optimal migration length from the point of view of the
host country, and the possible migration length that could pass a majority vote.
There has been considerable debate about the effect of increased labour migration from
developing countries to developed nations. Many commentators have argued that such increase
in migration is informed by economic factors and that those who migrate from developing
countries drain the human capital resources of sending nations which in the long run, negatively
affects their economy. On the other hand, other scholars believe that migration helps the
economy of developing countries as the incomes they receive by way of remittances contribute
significantly to reducing poverty and their gross domestic product [GDP].

i i i i i i i i i i
Although migration has expanded less rapidly than either trade or direct investment, migration
has become increasingly contentious. The immediate labor market impacts on host countries
appear small and dynamic gains from induced technical progress remain undocumented.
Circular migration from low-income countries offers a key safety valve where the home state
fails to provide employment and security, but there are dangers from over-dependence on the
migration–remittance nexus.
i i i
8
AIMS AND OBJECTIVES i i
 To study the meaning and causes of International Labour Migration.

i i i i i i i i i
 To study the present scenario of International Labour Migration.

i i i i i i i i
 To discuss the laws regarding International Labour Migration and examine their
i i i i i i i i i i
implementation.
i
 To suggest some measures and remedial techniques pertaining to the issue.

i i i i i i i i i i
SCOPE OF THE STUDY i i i
The scope of the study is International Labour Migration and it is limited to India and the Middle
East.
i
HYPOTHESIS
The present laws are not being implemented properly and the migrants are facing a lot of
problems. The people are losing hopes on the organisations and the governments as their
difficulties as migrant labours goes on increasing day by day. A proper law which is suitable to
the current scenario and also keeping the future in mind must be made. This must be
implemented without any excuses by the organisations and the governments for well-being of
the migrant workers.

i i i iii
RESEARCH QUESTIONS i
1. What are the main reasons for International Labour Migration?

i i i i i i i i
2. What are the types of Labour Migration?

i i i i i i
3. What is the present scenario of Labour Migration in India and in Overseas?

4. What are the basic legal provisions concerning the issue of Labour Migration?
5. What are the problems faced by the migrant workers?

i i i i i i i i
6. What are the measures that can be taken to solve the problem of International Labour
Migration?
i
9
RESEARCH METHODOLOGY i
Research Methodology used was doctrinal methodology. Descriptive and analytical type of
i i i i i i i i i i
study is done in this project. Doctrinal Methodology includes doing research from books,
articles, journals, case study, newspapers and also taking the help of web articles. OXFORD
style of citation is used in this project.

i i i i i i i i
REVIEW OF LITERATURE i i
The researcher had taken the information from the articles, websites and books which provided
a lot of help for completion of the project. The information in the articles and websites are cited.
i i i i i i i i i i i i i i i i i i
TREATMENT OF SUBJECT i i
The paper initially deals with the causes and consequences of International Labour Migration,
the types of International Labour Migration, the problems faced by the Migrants and on the later
part it discusses about the legal provisions available on International Labour Migration, the
effects and impacts of International Labour Migration and concludes by giving some
recommendations so as to solve the problem of International Labour Migration.

10
DEFINITION & MEANING i i
Migration is usually defined as the movement of a person or group of persons from one
geographical unit to another across an administrative or political border, and wishing to settle
permanently or temporarily in a place other than their place of origin. Since the movement
between two geographical units does not have to occur directly, one can further differentiate
between the place of origin or sending region, transit regions, and the place of destination or
receiving region. Movements within a country are usually defined as internal migration and,
accordingly, movements across international borders are called international migration.

i i i i i i i i i
Henceforth, we exclusively focus on international migration. The broad concept of migration

comprises many different forms of migration flows and distinct types of migrants.
According to International Organization for Migration, international labour migration is

i i i i i i i i i
defined as the movement of people from one country to another for the purpose of employment.
International migration occurs when peoples cross state boundaries and stay in the host state for
some minimum length of time. Migration occurs for many reasons. Many people leave their
home countries in order to look for economic opportunities in another country. Others migrate
to be with family members who have migrated or because of political conditions in their
countries. Education is another reason for international migration, as students pursue their
studies abroad. While there are several different potential systems for categorizing international
migrants, one system organizes them into nine groups: temporary labour migrants; irregular,
illegal, or undocumented migrants; highly skilled and business migrants; refugees; asylum
seekers; forced migration; family members; return migrants; and long-term, low-skilled
i i i i i i i i i i
migrants. These migrants can also be divided into two large groups, permanent and temporary.
Permanent migrants intend to establish their permanent residence in a new country and possibly
obtain that country’s citizenship. Temporary migrants intend only to stay for a limited periods
of time; perhaps until the end of a particular program of study or for the duration of a work
i i i i i i i i i i i i i i i i i i i
contract or a certain work season. Both types of migrants have a significant effect on the
economies and societies of the chosen destination country and the country of origin.
Today, an estimated 105 million persons are working in a country other than their country of
birth. Labour mobility has become a key feature of globalization and the global economy with
i iii i i i i i i i i i i i i i
migrant workers earning US$ 440 billion in 2011, and the World Bank estimating that more
than $350 billion of that total was transferred to developing countries in the form of remittances.
11
i i However, despite the efforts made to ensure the protection of migrant workers, many remain
vulnerable and assume significant risks during the migration process.

i i i i i i i i i
When properly managed, labour migration has far-reaching potential for the migrants, their
communities, the countries of origin and destination, and for employers. While job creation in
the home country is the preferred option, demographic, social and economic factors are
increasingly the drivers of migration. As a result, a growing number of both sending and
receiving countries view international labour migration as an integral part of their national
development and employment strategies. On one hand, countries of origin benefit from labour
migration because it relieves unemployment pressures and contributes to development through

remittances, knowledge transfer, and the creation of business and trade networks. On the other
hand, for destination countries facing labour shortages, orderly and well-managed labour
migration can lighten labour scarcity and facilitate mobility.

i i i i i i i i
TYPES OF MIGRATION i i
Migration has been a regular phenomenon in recent times involving people within a given
geographical area or beyond the boundaries of a State or Nation. Migration is a process of

mankind since time immemorial. The nomadic moved from one place to another in search of
pastures for their cattle and a good living condition for themselves. Migratory movements are
product of the social, cultural, economic, political and / or physical circumstances in which
individuals and societies find themselves. Today, throughout the world, migration is
contributing to economic and social development by enabling man to overcome the priming
policy objective of regional science. The role played by migration in socio – economic
development requires one to view it historically, since its form and role have changed
somewhat overtime. Indian history is full of migratory movements within the country as well as
outside it. Migration of labour started in India during the period of British Colonial rule. It was
aimed at meeting the requirements of capitalist’s development both in India and abroad. The
labour was moved from the hinterland to the sites of mining, plantation and factories. The
different migratory movements are qualitatively different.

i i i i i i i
The study of migration in India may be dealt with in two parts. The first part is migration Pre-
Independence India and the second part is Post-Independence migration. Pre-Independence

i i i i i i i i i
migration in India consisted of immigration of foreigners, emigration of natives to others

12
countries and internal migration. Post-Independence migration is largely inter-state and inter-
district ‘Rural-Urban’ type1. i i i
Migration consists of two sub processes; ‘emigration’ and ‘immigration’ meaning moving out
of the place of origin and entering into the place of destination respectively. Besides, it can be of
two types internal and international. The former is more concerned with economic development
and latter refers to crossing the international boundaries. The various types of migration are as
follows:
i i
a) International Migration
i i i
International migration is the movement of people from one country to another country. This
migration is also known as ‘cross border migration’ or ‘external migration’. The terms
‘immigration’ and ‘emigration’ are related to international migration. ‘Immigration’ refers to

migration into one country from another country and ‘emigration’ refers to migration out of the
country.
i i
b) Internal Migration
i i i
Internal migration refers to migration from one place to another place within a country. The
terms ‘in-migration’ and ‘out-migration’ are related to internal migration. ‘In-migration’ refers
to migration into a place from another place within the same country and ‘out-migration’ refers
to migration out of a place to another place within the same country. Thus, the term ‘out-
migration’ is used with reference to the area of origin (departure) of the migrant and the term
‘in-migration’ is used with reference to the area of destination (arrival) of the migrant.
However, sometimes the terms ‘immigration’ and ‘in-migration are used as synonymous. So are
2
terms ‘emigration’ and ‘out-migration’ .
i i i i i
The ‘Internal migration’ streams in India may be classified on the basis of

(i) The administrative boundaries; and

i i i i
(ii) The rural or urban nature of the place of origin and destination.
On the basis of the administrative boundaries crossed or not crossed the internal migration
streams may be classified as;

i i i i i i
1
Tamilnadu changing Population Structure, Directorate of Statistics, Government of Tamilnadu, Madras, P.38
(1977)
i
2
Francis Cherunilam, Migration: Causes, Correlates, Consequences, Trends and Policies, P.3 (Himalaya
Publishing House, Delhi,1987).

i i i i
13
(i) Inter - State migration- Migration from one state to another state within the
country.
i i
(ii) Intra- State migration - Migration from one place to another place within a state. It
consists of two streams, viz,

i i i i i i
a) Inter- District migration- migration from one district to another district within a state.
ii i i i i i i i i i i i i i
b) Intra- District migration- Migration from one place to another within the district in a state.
ii i i i i i i i i i i i i i i i
On the basis of the rural or urban nature of the place of origin and destination there are four
important internal migration streams in India. They are;

i i i i i i i i i
(i) Rural – to – Rural migration i i i i i
(ii) Rural – to – Urban migration i i i i i
(iii) Urban – to – Urban migration i i i i i i
(iv) Urban – to – Rural migration i i i i i i
Within these different streams rural – to – rural and rural – to urban migration have been
predominant patterns of migration. With respect to destination, direction and duration

migration can be classified as;

i i i i i i
i) Circulation Migration: This refers to cases where the migrant does not stay at the i i i i i i i i i i i i i
place of destination for all of his or her lifetime. Migrant moves back to their place
of origin after a long period and then moves to another place again. In other words, it
is not a one-way movement.

i i i i i ii
ii) Return Migration: The migrant, after some time in the place of destination returns
to their place of origin to settle there again, and does not move to another place.
iii) Counter Stream Migration: When people move in the opposite direction i i i i i i i i i
compared to other migrants is known as counter stream migration. In this case urban
citizens move to the rural areas. This trend is very rare.

i i i i i i i i i i i ii
iv) Step Migration: The migrant moves in different stages upwards in the urban
hierarchy. The first movement may be towards a small town, the second towards a
city and the last to a metropolitan city.

i i i i i i i i ii
v) Chain Migration: This type describes individual and family migration in

i i i i i i i i i
longitudinal perspective. It refers to the movement in which prospective migrant

learn of opportunities, and one provided with transportation and employment

i i i i i i i i i i
arranged by means of primary social relationship with previous migrants.

i i i i i i i i i i ii
14
In terms of size of migrants, migration can be described as
i) Individual Migration: Persons migrate individually and not in groups. i i i i i i i i i
ii) Group Migration: People move in groups and in this case, mostly migration takes
place under the agencies of professional labour contractors.

i i i i i i i i ii
In terms of desires of migrants, migration can be classified into:

i) i Voluntary Migration: People are free to leave their place of origin and choose their i i i i i i i i i i i i i
destination in accordance with their self-interest of survival. They are free to choose
their occupations and their place of residence.

i i i i i i i i
ii) Involuntary Migration: Historians view most migration as involuntary, where i i i i i i i i
people are compelled to migrate against their own self-interest and who are not
allowed to change their occupation or the location in which they live.

i i i i i i i i i i i i ii
CAUSES OF LABOUR MIGRATION i i i
It is estimated that the world labor force stands at about 3.2 billion, 85% of this population size
reside in developing countries. Out of this, 200 million does exist as migrants of which 90% of
them are in the labour force and which 60% have relocated to developed countries. The labour
work force composition in the developed countries stands at the service industries taking a
larger chunk of 72% whilst the industry and agricultural sectors sharing 25% and 3%
respectively.
i
A reason that is obvious is that labour migration can be stopped in entirety even when there is
development. 'Development does not reduce the impetus for migration it increases it' (Massey
1988). So long as opportunity does exist, migrants will be attracted to such opportunities in
order to enhance their living condition, avoid poverty as well as insecurity. Paradoxically, these
remain the main hydra-headed difficulties the developing countries don't have solutions for.
The reasons for labour migration could be summarized as follows: Growing urbanization &
linkages through globalization, economic vulnerability of developing countries policies, and

i i i i i i i i i i
migrants' quest for enhanced personal economies of scale, poverty, political conflicts, famine,
relative cheap transportation, population pressure, and strong ties to former colonial masters,
fallout of wrong economic or political decisions by former colonial masters leading to war. We
shall consider first the economic reasons.

i i i i i i
15
ECONOMIC REASONS FOR MIGRATION i i i
Wage Differentials i
In most developing countries, there exists a high significant wage differential arising from
growing urbanization thereby giving rise to 'economic inequalities'. An intended migrant

worker will obviously juxtapose the expected earnings abroad vis-à-vis the associated
relocation cost. Where the former is higher, the rationale to relocate becomes highly justified.
Unemployment
Unemployment and displacement arising from a wrongly timed industrial revolutionary i i i i i i i i i
transformation scheme through embracing trade liberalization could cause rise to a massive
concentration of displaced workers who in turn search for better opportunities elsewhere
especially abroad where the system is more dynamic. For example, Tajikistan break-out from
the USSR in 1995 and its sudden transition from a controlled economy to a market economy left
a lot of its workers unemployed and this led to a large scale migration outflow.
Purchasing Power Parity i i
A stimulated analysis in the workings with particular reference to the 'purchasing power parity'
and the associated income differentials, makes relocation becomes apparent and the motives
highly visible for workers in the developing countries.

i i i i i i i i
Welfare Packages i
Welfare packages which are linked to the direct relationship between income and post tax
adjustment system have been motivating factor behind a massive pull in into the developing
countries. In the developed countries, a worker is entitled to basic mortgage facility aside from
other ancillary benefits derivable from basic employment where such structure fail to exist in
developing countries.
i i
Lack of Social Amenities & Infrastructures

i i i i i
The non-availability of basic social amenities as well as infrastructures in the developing

countries has been a high reason for labour force migration. The developing countries leaders'
non attention to these provisions as a priority makes it rather disheartening. Whilst the cost of
migration at times may create a challenge for the migrant in terms of migrant expenses,
culturally realignment, learning a new language and adjusting to a new weather condition, the
16
incentives derivable from expectations from an improved life condition, such as acquisition of
better skills through education, exposure, training as well as better living standard may become
dominating in the decision making.

i i i i i
Poor Planning Policies & Colonial Ties

i i i i i
The developing countries poor demographic policies and non compliance with policy issue on
planning, as well as often leads to exert pressure on the available scarce resources and thus
causes great distortion in the efficient allocation of such resources. This pressure may often
have been caused as fallout of wrong economic or political decision taken by former colonial
masters of these developing countries. Mostly at times, the resultant effects leads to political
conflicts, war and eventually poverty which forces both the skilled and unskilled labour force
out of such countries in search of a place of rest. An apparent example was the Rwanda
genocide of 1994 arising from a wrong decision earlier taken by Belgium (colonial master)
politically.
i
Proximity & Cheap Transportation i i i
Cheap transportation and proximity in terms of geographic distance between countries often
play a great factor in labour migration especially where the developed countries share a border
line with the developing countries. A typical example is Mexico and the United States as well as
Paraguay and Argentina.

i i i
Natural Disaster i
Natural disaster such as drought and famine could be recognized as another factor responsible
for labour migration between developing countries and the developed countries. Poor scientific
research depth makes it difficult for developing countries to make adequate preparation in terms
of preventing or limiting the effects of future natural disasters and the aftermath effects which
leaves the country with food shortages and majority of the population impoverished thereby
'pushing out' its citizenry for quest of survival.

i i i i i i i i i
17
LABOUR MIGRATION – INTERNATIONAL SCENARIO i i i i
Human history since the very ancient days is replete with migration movement across national
borders due to economic, social – cultural and political reasons. Many of the migration streams
are free or voluntary. Voluntary migration between nations is caused by economic reasons.
i Labour migration from India to other countries, though popular even in medieval times, started
in the modern period during colonial rule and has continued even today and receiving major
attention on policy makers both at national and international levels.

The International Labour Organization (ILO) defines migrant workers as “people who are
economically active in a country of which, they are not nationals but excluding asylum seekers
and refugees”. A migrant worker is defined in the ILO instruments as a person who migrates
from one country to another (or who has migrated from one country to another) with a view to
being employed otherwise than on his own account and includes any person regularly admitted
as a migrant for employment.

i i i i i i
An assortment of conventions and protocols has defined migrant labour over the last few
decades. Thus, it is very essential to understand the exact connotation of the expression
‘migrant labour’. According to the United Nations convention on the protection of the rights of
all migrant workers and members of their families, a migrant worker is a person who is to be
engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she
is not a national.3
i i i i i
The General Agreement on Trade in Services (GATS) does not consider the movement of
service provider as labour migration. The distinction made in this international agreement is
based on the fact that service providers do not compete for job in the labour market and do not
hold a worker-employer relationship with the service importer in the receiving countries.
i Indeed, their relations are defined not by an employment contract but by a contract to deliver
specific services.4
i i
3
Article 2(1) of the United Nation International Convention on the Protection of the Rights of All Migrants and
Members of their Families, approved by the General Assembly in 1990 has not yet been brought into force
because only four Countries have so far ratified. Minimum of 20 States need to ratify it.
4
Section 2.4, Migration and Trade, GATS.
i i i i i i
18
It is assumed that approximately 60 to 65 million migrant workers are working in a state other
than their own5. The International Labour Organization’s (ILO) website states that of the 80 to
97 million migrant workers and their dependents in the world today about 15 percent are
6
estimated to be in an irregular situation.
i i i i i i i
For a long time, the International Labour Organization (ILO) is considered the principal
organization concerned with the welfare of migrant workers. The ILO has adopted specific
instruments concerning migrant workers. The two legally binding instruments relating to
migrant workers are;

i i i i
1. Migration for Employment Convention (revised),1949 (No.97) and

i i i i i i i i
2. Migrant Workers (supplementary provisions) Convention, 1975 (No.143).

i i i i i i i i
These Conventions on Migrant Workers (CMW) are buttressed by non-binding

i i i i i i i i i
7
recommendations. These conventions are concerned not only with the protection of migrant
workers while in the country of employment but also apply to the whole labour migration
continuing from entry to return. Convention No. 97 covers the conditions governing the orderly
recruitment of migrant workers and also enunciates the principle of their equal treatment with
national workers in respect of working conditions, trade union membership and enjoyment of
the benefits of collective bargaining, accommodation, social security, employment taxes and
legal proceedings relating to matters outlined in the convention. The scope of convention No.
143 is broader. Article 1 of convention 143 imposes an obligation on states parties “to respect
the basic human rights of all migrant workers”.

i i i i i i i i I
5
International organization for Migration (IOM) ‘series’ Migration and Labour, section 2.6, essentials of
Migration Management Volume Two: Developing Migration Policy available at www.remus org / documents /
IOM-Emm /vz/vz506-cm pdf

i i i
6
ILO “Current Dynamics of International Labour Migration: Globalization and Regional
i i i i i i i i i i
Integration”(2002)availableat online : http: // www .ilo .org / public /English / protection / migrant
i i i i i i i i i i i ii i i i
/about/index.htm assessed on 10.10.2014

i i i i
7
Jhon D.R.Craig and S.Michael Lynk(eds), Globalization and Future of labour law, P.411 (Gambridge University
Press, 2006)
i i i
19
INTERNATIONAL MIGRATION FROM INDEPENDENT INDIA i i i i
In India, the migration of its labour force within and across its national boundaries is nothing
new. India’s geographical position has ensured contact with the Persian Gulf region and South
East Asian countries for trade in goods and movement of people, a contact which goes back to
several centuries. The migration of workers on a significant scale was, however, to come much
i i ii i i i i i i i i i i i i
later. It began in the colonial era and continues now to independent India.
Migratory flow during the period of colonial domination was very much tied to the investment
interests of the colonial rulers and took place under their aegis. For instance a great part of the
i i i i i i i i i i i ii i i i i i i
nineteenth century and the early twentieth century witnessed a regular migration of Indian
workers as indentured labour for plantations or mines in the British colonies; this migration was
to faraway places such as Guyana, Jamaica and Fiji, to not so-distant lands such as Malaysia
and Singapore and even to neighboring countries such as Sri Lanka and Burma.
Since Independence, two distinct types of labour migration have been taking place from India.
The first is characterized by a movement of persons with technical skills and professional
expertise to the industrialized countries like the United States, Britain and Canada which began
to proliferate in the early 1950s. The second type of migration pertains to the flow of labour to
the oil exporting countries of the Middle East which acquired substantial dimensions after the
dramatic oil price increases of 1973-74 and 1979. The nature of this recent wave of migration is
strikingly different, as an overwhelming proportion of these migrants are in the category of

unskilled workers and semi-skilled workers skilled in manual or clerical occupations.

In some parts of India, three out of four households include a migrant. However, despite the
large scale of migration in absolute numbers of people involved and India’s long history of
population and labour mobility, labour migration has rarely been reliably studied. Labour
migration is complex. Streams differ in duration, origin, destination and migrant

characteristics. Economic and social impacts on migrants and their families are variable.
Migration often involves longer working hours, poor living and working conditions, social
isolation and poor access to basic amenities. International migration, though involving a small
proportion of the workforce, has important local impacts. Since independence, two distinct
streams of migration have left India: people with professional expertise or technical
qualifications emigrating to industrialised countries, and semi-skilled and skilled workers

i i i i i i i i i i
20
immigrating to the Middle East. Data on these labour flows are limited, but estimates and trends
can be discerned. In the mid to the late 1980s, however, the number of Indian workers migrating
to the Middle East fell sharply. Labour migration increased substantially again during the
1990s.
i
Today, some 3 million Indian migrants live in Gulf countries. Most migrants come from Kerala,
Tamil Nadu, Andhra Pradesh and Punjab. The current number of Indian migrant’s overseas
accounts for less than 1% of the total workforce in India, so has little direct impact on the
national labour market. However, the effects of migration are significant in major sending
regions. In Kerala, for example, emigration has recently led to a considerable reduction in
unemployment. Remittances are the main benefit of external migration, providing scarce
foreign exchange and scope for higher levels of savings and investments. Remittances over the
past 30 years have financed much of India’s balance of trade deficit and have thus reduced the
current account deficit. Remittances have had a considerable impact on regional economies.
The most striking case is that of Kerala, where remittances made up 21% of state income in the
1990s. This flow appears to have increased wealth: although the average per capita
consumption in Kerala was below the national average until 1978–79, by 1999–2000 consumer
expenditure in Kerala exceeded the national average by around 41%.

TRENDS IN INTERNATIONAL LABOUR MIGRATION BETWEEN INDIA AND i i i i i i i
THE MIDDLE EAST

i i i
Let us review the trends in international labour migration with respect to India and the Middle
East. Formal labour mobility from India to the Middle East can be traced to the period when the
British East India Company began to invest there. These investments gave rise to a sudden spurt
in demand for workers in clerical as well as skilled and semi-skilled manual occupations. The
post-independence period has also seen large government and private investments in the
Middle East and the transport of workers from India to work in these projects. India was one of
the first countries (along with Pakistan) to respond to the demand for unskilled labour in the
Gulf States that emerged as a result of the oil price rises of the early 1970s.
The majority of Indian labour migrants to the Middle East belonged to the unskilled and semi-
skilled categories. The increasing trend was seen to reverse (or not be recorded in official
figures) in the late 1990s. This reflected in part a shift in the patterns of labour demand from
21
several categories of unskilled and semi-skilled towards service, operations and maintenance
work. Migration originates mostly from a few states, the most important being Kerala, Andhra
Pradesh, Maharashtra and Tamil Nadu.

i i i i i i
The unprecedented high rates of return of Kerala migrants from the Gulf states during the late
1990s is seen as being due to the imposition of unskilled labour import restrictions,
deterioration of wage rates for unskilled and skilled categories and competition from other
labour exporting countries accelerated this return trend. Apparently, new legislation in 1983
sought to regulate private recruitment agencies through a licensing system and establish public
sector recruiting agencies. The new legislation was meant to promote labour migration and
protect migrants but India is best characterized as having a 'laissez faire' (lenient) policy with
regard to migration: its policies have removed restrictions to emigration but do relatively little
to support and protect migrants once they leave the country. The protection of migrant workers'
rights in both recruitment and employment is minimal.

i i i i i i i i
INTERNATIONAL LEGAL PROVISIONS APPLICABLE TO MIGRANT LABOUR i i i i i i
 The International Convention on The Protection of The Rights of All Migrant Workers
i and Members of Their Families, 1990.

i i i i i i
 The Migration for Employment Convention (Revised), 1949

i i i i i i i
 The ILO’s Discrimination (Employment and Occupation) Convention, 1958.

i i i i i i i i
 The Convention Concerning Migrations in Abusive Conditions and The Promotion of

i i i i i i i i i i
i Equality of Opportunity and Treatment of Migrant Workers, 1975.

i i i i i i i i i
 The Recommendation Concerning Migration for Employment, 1949.

i i i i i i i
 The Recommendation Concerning Migrant Workers, 1975.

i i i i i i
 Migrant Workers (Supplementary Provisions) Convention, 1975.

i i i i i i
 Maintenance of Social Security Rights Convention, 1982. i i i i i i i
 The Universal Declaration of Human Rights, 1948.

i i i i i i i
 The United Nations’ International Convention on the Elimination of All Forms of Racial
i Discrimination, 1965. i i
 Equality of Treatment (Social Security) Convention, 1962.

i i i i i i i
 Maintenance of Social Security Rights Recommendation, 1983. i i i i i i i
22
India has ratified many International Labour Organization conventions, but is neither a
signatory or ratified the conventions on migrant workers (CMW).

i i i i i i i i i i
The Geneva based International Organization for Migration (IOM) was established in 1951.
This International Organization is the leading inter – governmental organization in the field of
migration and works closely with governmental, inter-governmental and non-governmental

i i i i i i i i i
partners. It has 127 member’s states and 92 observers. India has been an observer in this
organization since 1991.8 International Organization for Migration works in the four broad
areas of migration management.

i i i i i
i. Migration and development i i i
ii. Facilitating migration i i
iii. Regulating migration i i
iv. Forced migration i i
INTERNATIONAL ORGANIZATION FOR MIGRATION i i i
The International Organization for Migration (IOM), established in 1951, is the leading
intergovernmental organization in the field of migration and works closely with governments
and other partners. With 125 member states, IOM works to help ensure the orderly and humane
management of migration, to promote international cooperation on migration issues, to assist in

the search for practical solutions to migration problems and to provide humanitarian assistance
to migrants in need, including refugees and internally displaced people.

i i i i i i i i i i
IOM is the leading inter-governmental organization working with migrants and governments to
respond to contemporary migration challenges. Having more than 50 years of worldwide

operational experience, IOM is uniquely positioned to build on its grassroots experience and
provide guidance on migration policy. IOM provides information, advice and support to further
i i i i i ii i i i i i i i
the efforts of its stakeholders to develop effective national, regional and global migration
management policies and strategies. IOM activities include: migration & development,
i i i i i i i i i i
regulating migration, migration health, claims programs, facilitating migration, general

i i i i i i i i i
programs; movement emergency and post-migration management; migration, climate change

i i i i i i i i i
& environmental degradation.

i i i
8
IOM available at: http://www.iom.int/Jahia/about-iom/lang/en
i i i ii
23
One of IOM’s strategic priorities in the area of migration policy is to contribute to increased
dialogue between migration stakeholders at bilateral, regional and global levels. This strategy
complements and enhances another of IOM’s strategic priorities, which is to strengthen

governmental capacity to monitor and manage migration flows through effective policy
making, policy dialogue, information sharing and cooperation. IOM works in four broad areas
of migration management: migration and development; facilitating migration; regulating

i i i i i i i i i
migration; and forced migration. Its activities cut across areas that encompass the promotion of
international migration law, policy debate and guidance, protection of migrants' rights,
migration health and the gender dimension of migration.

i i i i i i i i
The IOM constitution recognizes the link between migration and economic, social and cultural
development as well as to the right of freedom of movement. IOM activities that cut across
these areas include the promotion of international migration law, policy debate and guidance,
protection of migrant’s rights etc. India’s membership in the international organization for
migration will help the countries in “improving conditions for Indian workers abroad.”
International migrants are also not free from problems. They face two specific kinds of
problems. The first is pertaining to the legal process of migration and the second related to their
living and working conditions.

i i i i i
EFFECTS OF LABOUR MIGRATION i i i
The general beliefs that labour migration between certain countries was as a direct economic
relationship between such countries has lately been proven wrong, in view of the latest resultant
effect of Globalization, Trade liberalization and the Information Technology growth that has
elicited a massive need for skilled labour especially in the developed countries with labour
deficiencies. In relation to this, fast paced development & economic growth as well as other
liberalization policies in these developed countries has resulted in high economic wage
differentials, high social welfare conditions, and high-income packages which have become a
major attraction for skilled labour.

i i i i i
POSITIVE EFFECTS i
Supply of labour i i
24
Developed countries like Canada, Australia, some European countries and USA havei i i i i i i i i i
experienced scarcity of skilled as well as unskilled labour. Many Asian doctors and engineers,
nurses and teachers are employed in developed countries. Unskilled labour migrated from
developing countries, provided labour to those areas where the native people would not wish to
take up the jobs. This is more evident in the so called ‘dirty jobs’. In USA such jobs are taken up
i i i i i i i i i i i i i i i i i i i i i
by labourers from Mexico, South American, Africa and Asia.

i i i i i i i i i
Wage Rate i
Labourers usually migrate from low wage counties to higher wage nations. Unless prevented or
guarded by law, wages will change in both countries. Such an effect on wages is brought out in
Home country and foreign. It is also possible that over a period of time real wages may increase
both in host countries and native countries. A case study by Jeffery G. Williams, of eight
countries, host countries- Argentina, Australia, Canada and United States of America and
native (home) countries- Ireland, Italy, Norway and Sweden – between the period 1870 and
1913 has come to the conclusion that real wages during this period had increased in all the
countries, but substantially in the home countries.

i i i i i i i
Employment
Migration takes place primarily in search of employment, to earn, more income and to enjoy
better quality of life. While enjoying these benefits in the host countries the migrants at the
disguised unemployment. In the early stages of large scale migration from Europe to North
America, it helped in mitigating population problem of European countries.

i i i i i i i i i i
Remittance
Emigrants remit a part of their income back to their families in their native country. Many of the
European countries, Mexico and Asian countries have benefited from the remittance of their
emigrants. At present china and India receive a substantial amount of remittance. It helps the
home countries reduce their balance of payment problem or increase investment at home;
import capital goods thus promote development of their economies.

i i i i i i i i i i
Remittance would reduce over a period of time as the emigrants settle in the migrated country
along with their families. The size of the remittance depends on the number of emigrants from a
25
country and the nature and duration of employment. Many countries including India, offer
additional incentives to the emigrants to remit and keep the money back in their home country.
NEGATIVE EFFECTS i
Brain Drain i
Emigrants comprise people educated and trained at different levels. Majority of the emigrants
are of low education and unskilled. Emigrants also include highly educated professionals such
as doctors, engineers, professors and other technically and professionally trained people. A
good number of medical, engineering and management students from India migrate to countries
like USA, Canada, Australia, New Zealand, Germany, France and to some rich gulf countries.
These students take the advantage of subsidised education financed by tax payer money and
leave the country when they become productive agents or labourers. It is also argued that
educated emigrants help the home countries when these countries rare not in a position to
employ them. Beside it also reduces the claim on goods and service of the home country when
labourers migrate.
i i
Problem of social Integration i i i
Immigrants in a country belong to different countries, race, religion and culture. They form their
own groups based on the above factors. In the initial stages these groups live in ghettoes. Social
assimilation with the people of the host country becomes difficult. In USA, Canada and
Australia or in countries dominated by white coloured people, social integration becomes

difficult due to colour complex. Religion is another factor which makes immigrants identify
with the host country where the majority belong to another religion. Cultural differences also
deter the process of integration specially when each group develops a complex of cultural
superiority. At times ethnic and religious differences create a problem for the host country as it
happens in UK and India.

i i i i i
Illegal Immigrants i
It is a serious problem for many countries. USA has a large number of illegal immigrants from
Mexico. Similar problems are faced by Canada, Australia and some of the European countries.
26
i Illegal migration to a neighbouring country is a common occurrence due to political, economic,
social and religious factors. India is facing such a problem with illegal immigrants from
Bangladesh, Pakistan and Sri Lanka.

i i i i i
Cheap Labour i
Developed countries, specially organise labour through their Trade Union oppose the liberal
migration policy. They argue that the migrant labourers who are willing to work at lower
workers. However this argument does not merit serious consideration wage rate in such
economies is determined by market forces, Exploitation can be prevented through minimum

wage law, which also safeguards the interest of migrant labourers.

i i i i i i i i i i
Fiscal Imbalance i
Immigrants positively contribute to the growth of the host country. When immigrants constitute
in large numbers, the host country requires spending a huge amount of capital to provide the
required economic and social infrastructure. As they settle down permanently, the government
requires spending for providing social security benefits. Expenditure on all these counts may
create fiscal imbalance in the form of increased budgetary deficit.

i i i i i i i i i i
IMPACT ON MIGRANTS AND THEIR FAMILIES i i i i i
Poorer migrant workers, crowded into the lower ends of the labour market, have few
entitlements vis a vis their employers or the public authorities in the destination areas. They
have meagre personal assets and suffer a range of deprivations in the destination areas. In the
source areas, migration has both negative and positive consequences for migrants and their
families.
i
Living conditions i i
Migrant labourers, whether agricultural or non-agricultural, live in deplorable conditions. There

i i i i i i i i i i
is no provision of safe drinking water or hygienic sanitation. Most live in open spaces or
makeshift shelters in spite of the Contract Labour Act which stipulates that the contractor or
employer should provide suitable accommodation. Apart from seasonal workers, workers who
27
migrate to the cities for job live in parks and pavements. Slum dwellers, who are mostly
migrants, stay in deplorable conditions, with inadequate water and bad drainage. Food costs
more for migrant workers who are not able to obtain temporary ration cards.
Health and Educationi i
Labourers working in harsh circumstances and living in unhygienic conditions suffer from
serious occupational health problems and are vulnerable to disease. Those working in quarries,
construction sites and mines suffer from various health hazards, mostly lung diseases. As the
employer does not follow safety measures, accidents are quite frequent. Migrants cannot access
various health and family care programs due to their temporary status. Free public health care
facilities and programmes are not accessible to them. For women workers, there is no provision
of maternity leave, forcing them to resume work almost immediately after childbirth. Workers,
particularly those working in tile factories and brick kilns suffer from occupational health
hazards such as body ache, sunstroke and skin irritation.

i i i i i i i i i
Changes in migrants’ attitudes i i i
Exposure to a different environment, including the stresses that it carries, has a deep impact on
the attitudes, habits and awareness levels of migrant workers, depending upon the length of
migration and the place to which it occurs. Changes are more dramatic in the case of urban
migrants. Migrant workers develop greater awareness regarding conditions of work

i i i i i i i i i i
(Srivastava, 1999). Life style and changes in awareness may lead to a mixed impact on family
members. The increased awareness which migrants, especially in urban areas, gain often helps
them realize the importance of their children’s education.

i i i i i i i i
Impact on Source Areas i i i
The major impacts of migration on source areas occur through changes in the labour market,
income and assets, changes in the pattern of expenditure and investment.

Although seasonal outmigration potentially has the effect of smoothing out employment over
the annual cycle, rural outmigration could cause a tightening of the labour market in some
circumstances. However, empirical evidence from out-migrant areas does not often attest to
28
this. This may be because outmigration often takes place in labour surplus situations. There is
also evidence of the replacement of out-migrant male labour by female and even child labour.
Study of seven villages in Uttar Pradesh showed some variation over regions. While the
situation in the study villages in Eastern and central Uttar Pradesh conformed to a situation of
labour surplus, this was not the case in Western Uttar Pradesh where seasonal migration
coincided with the agricultural peak season (Rabi) and employers complained of labour
shortages. Significantly in all the regions studied, labourers on their part gave uncertainty of
employment along with employment conditions and poor relations with their agricultural
employers as the major reasons for outmigration.

i i i i i i i ii
i Even if labour tightening is not an outcome, outmigration may still speed up qualitative changes
in existing labour relationships in rural areas, and thereby affect the pace of change. This may
occur in several ways. First, there is the well-documented impact of migration on attitudes and
awareness as migrant labourers and return migrants are more reluctant to accept adverse
employment conditions and low wages. Secondly, outmigration leads to a more diversified
livelihood strategy. Combined with some increase in the income and employment portfolio of
poor households, this may tend to push up acceptable level of wages (reservation wages) in
rural areas and may make certain forms of labor relationships (as for example, those involving
personalized dependency) less acceptable.

i i i i i
Outmigration as a result of debt at home, or debt-interlocking (i.e. the repayment of debts

through advance labour commitment) involving employers in the destination areas or their
middlemen, is quite common. Such outmigration may or may not eliminate the causes of debt.
The reduction of personalized dependencies or interlocked relationships may also accelerate

labour mobility and migration as labourers seek out alternative sources of cash income.
Impact on Destination Areas i i i
There are clearly multiple rationales for the use of migrant labour in destination areas. While
shortage of local labour provides one important rationale recruitment of immigrants is as much
motivated by strategies of labour control and wage cost reduction. Numerous cases have been
documented where the same areas export and import labour to identical sectors.3 Migrants are
preferred because their labour is easier to control and it is easier to extract labour from them
under arduous conditions. Moreover, the supply of labour can be easily increased or decreased
with little cost to employers and migrants can work for long and flexible hours. Flexibility of the
migrant workforce is reinforced because of the role of contractors and middlemen in

29
recruitment and supervision. The segmentation of the labour market, which also leads to greater
control over both migrant and local labour, is another outcome of the process. Finally, the wage
payment systems which grow around industries based predominantly on migrant labour are
eminently suited to side-stepping minimum wage legislation. Thus migration reduces labour
cost to employers.
i i i i
The labour market outcomes generated by labour immigration facilitate a certain kind of growth
and accumulation in the destination areas, although this is via what can be described as a ‘low
road’ to capitalism. Labour immigration is one of the strategies favored by entrepreneurs to

shift both risk and cost of production on to workers. Another reason for continued
informalization is to keep businesses away from state surveillance. Thus most enterprises in the
informal sector escape regulation of any kind.

i i i i i i i i
Furthermore, in such destination areas, employers rarely provide anything other than wage i i i i i i i i i i i
subsistence requirements. Migrant labourers have to fend for themselves to meet their health,
shelter and other basic requirements. Although the poor condition in which labourers subsist is
a result of employers not internalizing the legitimate costs of hiring labour to society the
resulting urban congestion appears to be result of unplanned mobility. The costs of population
mobility have been, as a result, considered in theory in the context of large costs imposed by
population concentration in large cities. The social, political and other consequences of
immigration, especially where such migration is by linguistically, ethnically or regionally

distinct groups, has not been considered in the growing economic literature on internal
migration, but figures prominently in the corpus of sociological and political literature.
Economic Impact of Labour Migration i i i i i
At the aggregate level, labour emigration affects the sending country’s economy through its
impact on the labour market, on macro-economic variables (savings, balance of payments and
so on), and social relations. These impacts are summarized below.

i i i i i i i i i i
Impact on labour markets i i i
The labour market impact of international migration depends on factors such as size of outflow,
employment status before migration, skill composition of migrants and, in the case of
temporary migration, on the size of the return flow. Even though a large proportion of those
who migrate to industrialized countries are fairly highly educated, the absolute number of
migrants is small and their proportion of the total educated population of graduates is
30
insignificant. However, it is important to mention that such migration has given rise to
considerable debates on costs and benefits of emigration of certain categories of highly skilled
workers through ‘brain drain’. Thus the labour market effects of migration are reported to be
significant in relation to major sending regions within the country. Research studies on
international migration in India in 1970s and 80s have shown that migration acted as a safety
valve in countering growing unemployment in states like Kerala and in districts like Ratnagiri
in Maharashtra.
i i
Impact through financial flows i i i
The most widely recognized immediate benefit from the international labour migration remains
the flow of remittances, which not only augments scarce foreign exchange but also provides a
potential source of additional savings and capital formation. Remittances have direct bearing on
the balance of payments accounts as they meet a substantial part of the import bill. A certain
proportion of remittances is channeled through informal means and thereby is undocumented in

the official data. Here again, lack of reliable estimates makes meaningful inferences difficult.
However, based on the findings of certain micro level studies, it could be ascertained that such
undocumented remittances were fairly prominent in the late 1970s and 1980s. In terms of the
macro level impact, the impact of remittances is most significant in the context of balance of
payments. Remittance flows during the past three decades have financed a large proportion of
the balance of trade deficit and thus reduced the current account deficit. Remittances, however,
have had a considerable impact on regional economies within India.

i i i i i i i i i i
Social and Demographic Impacts of Migration

i i i i i
Let us study about the above-mentioned impact by taking an example of our very own India.
Empirical evidence to assess the demographic consequences of international migration from

i India is limited. Migration has had a direct effect in reducing the population growth in the state
since the 1950s. Migration has reduced the working age population in the state and
consequently increased the proportion of children and the elderly. Migration has contributed to
the prevalence of large numbers of very small families in the state. Single member households
and two member households increased as a result of migration. Migration has had significant
consequences on poverty levels as well. Another prominent impact, which migration,

especially, male migration has had, is in relation to the effects on women left behind. This is
especially so in the case of those who are married. One of the major problems encountered by
wives of emigrants is loneliness. The extent of such loneliness is reported to be more severe
31
among younger wives whose husbands migrated immediately after the marriage. Such solitude
had given rise to mental tension in the wives of those migrated during the 1970s and 80s. Such
mental tensions seem to have been reduced in the 1990s. This could mainly be attributed to the
availability of quicker means of communication, new responsibilities, roles, and leisure

activities for women.

i i i
PROBLEMS ENCOUNTERED BY MIGRANTS i i i
Problems encountered by the migrant workers may be examined at two levels; first in relation to
recruitment violations and the second in relation to working and living conditions in destination
countries. Commonly reported violations are delayed deployment or non-deployment of

i i i i i i i i i i
workers, overcharging or collection of fees far in excess of authorized placement fees and
illegal recruitment. Delayed deployments are often caused by factors beyond the control of the
recruitment agency, such as visa delays or when the employer requests a postponement. Non-
deployment is however a serious case and the magnitude of its implications are amplified if an
excessive placement fee is collected from the worker. Overcharging is a serious offence and is
prevalent in all labour-sending countries in Asia. What makes overcharging doubly serious is
that the workers end up paying huge amounts equivalent to many months salary. Minimizing, if
not totally eliminating, overcharging poses a serious challenge to overseas employment

administrators. Illegal recruitment is another serious violation of the rules as workers get
recruited and deployed overseas without the government knowing about them. Being
unlicensed, illegal recruiters are beyond the reach of the normal regulatory machinery of the
national overseas employment policy. They are and should be the concern of police and other
enforcement agencies. Some major problems encountered by the migrants in their countries of
i i ii i i i i i i i i i i
employment include:
i i
 Premature termination of job contracts i i i i
 Changing the clauses of contract to the disadvantage of the workers

i i i i i i i i i i
 Delay in payment of salary i i i i
 Violation of minimum wage standards i i i i
 Freezing of fringe benefits and other perks i i i i i i
 Forced over-time work without returns i i i i
 Denial of permission to keep one’s own passport.

i i i i i i i i
Migrant labourers seldom lodge any complaint against the erring employers for the fear of
losing their jobs. In cases where migrant workers decide to complain against the erring
32
employer, they have two options. First, the employee may inform the home embassy in the
country of employment. This is mainly done by people lacking the means to return home.
Embassy officials sometimes seek the help and assistance of the local government to take
actions against the erring employers. Apart from that, the Embassy also passes information
about the complaints made to it to the Protector of Emigrants (POE) offices. Secondly, the
employee registers the complaint after he/she reaches his/her respective country. Employers
against whom the complaints have been made, if found guilty through preliminary
investigations, are blacklisted and this information is passed on to embassies and registered
agents in order to ensure that in future labourers are not supplied to these employers. Apart from
this, generally no action can be taken against foreign employers as they are governed by laws of
another nation state.

i i i
KEY ISSUES FOR INTERNATIONAL LABOUR MIGRATION

i i i i i
Labour mobility is a key feature of the development process in India. Because much of it is
poorly measured and undocumented, it remains largely invisible in the strategizing of policies.
i International worker emigration from India has been closely linked to phases of immigration
policies in other countries. Since the oil boom, the emigration of low-skilled workers to the
Middle East has been the major source of employment and inward remittances. Inward
remittances have significant macroeconomic implications in especially regions of high

i i i i i i i i i i
outmigration. Both internal and external migration have potentially growth producing and
poverty reducing impacts, which can be increased through suitable policies and supportive
interventions by civil society and other national/international actors. International migration is

also driven by unemployment, lack of suitable opportunities, and mismatches between skills
and opportunities, but the requirement of sizeable financial costs make it accessible only to
those who possess appropriate skills and can raise the necessary financial resources to
undertake migration.
i i i
Synergizing Migration and Development i i i
A major policy focus has to be on a more vigorous pro-poor development strategy in the
backward areas. Depending upon the availability of financial resources, the provision of an
employment safety net can be dovetailed with the development programmes. Evolving suitable
development policies in order to maximize the positive impact of inward remittances and to
33
reduce its negative impact remains a priority even with external migration. Thus, in all cases,
the synergy between migration and development requires to be strengthened.

i i i i i i i i i i
Improving Labour Market Outcomes i i i
The main problem is that poor migrants lack bargaining strength. Hence steps taken to organize
them, improve their negotiating strength and level of awareness are necessary. At the
workplace, stricter enforcement of labour legislations is a prerequisite for improved outcomes.

An improved information base, orientation and skills are also important requirement in the case
of international migration. Labour markets of the major labour importing countries need to be
closely monitored. This could be done through the establishment of a labour market monitoring
authority which could also carry out negotiations on various labour contracts and also study the
nature of emerging skill requirements. Another important area in which the government could
take the lead is in providing predeparture training through registered recruitment agencies;
returnee associations and non-governmental organisations working among the migrant

i i i i i i i i i
workers.
i
Ensure Basic Entitlements to Migrants and their Families

i i i i i i i
A focused approach is required to ensure that the basic entitlements of the poor to food,
elementary education, basic health are fulfilled, as also their entitlement to other government
programmes and subsidies. It may be worthwhile considering the constitution of a welfare Fund
for employees working abroad. Such a fund can be utilized for a wide range of welfare measures
concerned with both the migrant workers and their families. The fund could be supported
mainly by contributions received from Indians working in the Middle East. Incentives such as
attractive insurance schemes and tax reliefs should be offered to migrants contributing.
Improvement in the Economic, Social and Political Environment in Favor of Migration i i i i i i i i i i i
Disadvantages faced by poor migrants are accentuated because of their low political voice in
source and destination areas; because they often comprise a distinct ethnic, social or cultural
group, and are seen to be threatening to the livelihoods of workers in the destination areas. As a
consequence, they can be victims of strong prejudices. There is, thus a role for advocacy to
remove stereotypes and misapprehensions and for a campaign to buttress the voices of poor
34
migrants. In the case of Indian emigrants and people of Indian origin, it is critical to address how
they can participate in selected but specific developmental activities. Another significant issue
is the identification of possible ways in which human capital can return to India and, having
returned, can contribute to the development process.

i i i i i i i
Migrants and Social Security i i i
Poorer migrant workers, crowded into the lower ends of the labour market, have few
entitlements vis a vis their employers or the public authorities in the destination areas. They
have meagre personal assets and suffer a range of deprivations in the destination areas. In the
source areas, migration has both negative and positive consequences for migrants and their
families.
i i Migrant labourers, whether agricultural or non-agricultural, live in deplorable
i i i i i i i i i
conditions. There is no provision of safe drinking water or hygienic sanitation. Labourers

working in harsh circumstances and living in unhygienic conditions suffer from serious
occupational health problems and are vulnerable to disease. Those working in quarries,
construction sites and mines suffer from various health hazards, mostly lung diseases. As the
employer does not follow safety measures, accidents are quite frequent9.
i i i i i i i i i i
Migrants cannot access various health and family care programmes due to their temporary
status. Free Public health care facilities and programmes are not accessible to them. For women
workers, there is no provision of maternity leave, forcing them to resume work almost
immediately after childbirth. Workers, particularly those working in tile factories and brick
kilns suffer from occupational health hazards such as body ache, sunstroke and skin irritation10.
As there are no crèche facilities, children often accompany their families to the workplace to be
exposed to health hazards. They are also deprived of education, the schooling system at home
does not take into account their migration pattern and their temporary status in the destination
areas does not make them eligible for schooling11.These issues form component part of the
social security.
i i
Social Security i
The right to social security is basic and inalienable human right essential for human being to
lead a dignified life. This has been envisioned by the constitution maker in the object statement
9
Ravi,S.Srivastava, Supra4
i i
10
Ministry of Labour (1991), Report of the National Commission on Rural Labour (NCRL Report), New Delhi;
Govt. of India.
i i i
11
id. i
35
of the Constitution, fundamental rights, Directive principle of state policy and the conventions
and covenants we have accepted as members of the inter-governmental organisations.

A. Social Security and International Standard i i i i
The specific term the "Social Security" finds its place in the Universal Declaration of Human
12
Rights, 1948. It states that: Everyone, as a member of society has the right of social security
and is entitled to the realisation, through national effort and international co-operation and in
accordance with the organization and resource of the state, of each state, of economic, social
and cultural rights indispensable for his dignity and free development of the personality.
Yet another provision of the Universal Declaration of Human Rights13 enriches the content and
meaning of the Social Security. This Article state as follows;

i i i i i i i i i i
- Everyone has right to the standard of living adequate for the health and well- being of
i himself and of his family, including food, clothing, and housing and medical care and
i necessary social services, and the right to security in event of unemployment, sickness,
i disability, widowhood, old age or other lack of livelihood circumstances beyond his
i control.
- Motherhood and Childhood are entitled for special care and assistance. All children, i i i i i i i i i i i
i whether born in or out of wedlock, shall enjoy the same social protection
This approach therefore does not make a distinction between contributory and non-contributory
social security benefits or to the devise step of charity law and concepts of deserving and non-
deserving14 entitlement. The International instrument concerned with the Social Security are;
i i i i i i i i i i
a) The International Covenant on the Economic, Social and Cultural right

i i i i i i i i i
(ICESCR)
i
The ICESCR in one of the provision15 adopts the term social security and states that; The state
parties to the present Covenant recognize the right of everyone to social security, including
social insurance.
i i
12
Article 22, Universal Declaration of Human Rights, 1948.
i i i i i i i i
13
Art.25, Universal Declaration of Human Rights,1948
i i i i i i
14
Dr. Paderic Kenna, " International Standards and Mechanisms on the Right to Social Security.",Law Faculty ,
National University of Galway

i i i i
15
Art.9 of ICESCR
i i i
36
Art. 10(2) further recognises the right of working mothers to "adequate social security benefits"
and the Art.10 (3) requires that states undertake special measures of protection and assistance
for children and young people. The right to social security is clearly encompassed within Art.11
(1), which states as; The state parties to the present covenant recognises the right of everyone to
on adequate standard of living for himself and his family, including adequate food, clothing,
and housing, and to the continuous improvement of the living conditions. The State Parties will
take appropriate steps to ensure the realisation of this right, recognising to this effect the
essential importance of the international co-operation based on the free consent.

Although the text of the ICESCR is quite brief regarding the right to the social security and it
was not elaborated in the specific manner, the reporting guidelines laid the special emphasis on
i i i i i i i i i i i ii i i i
the list of the specific branches of the Social Security guaranteed under the ILO Social Security
(Minimum Standards) Convention of 1952(ILO No.102).16The state parties have to respect,

promote and fulfil the obligations set out in the covenant, and these obligations as elaborated in
the Limburg Principles,17have greater weight.

i i i i i
b) International Labor Organization i i
Another specialized agency of the UN the ILO Social Security (minimum standards)
i Convention, 1952 addresses to social security through the integral component of the i i i i i i i i i i i
i right developed by the ILO, such as, medical care, sickness benefit, unemployment
i benefit, old-age benefit. In addition to it the family, maternity and family benefits are
i important. Besides invalidity benefit forms part of the scheme of ILO. i i i i i i i i i i
B. Social Security and National Standard i i i i
The preamble of the constitution of India recognises the individual as the building block of the
institution whose dignity and integrity can be protected by bestowing upon him the economic,
social and political justice. The state has been described as the democratic and the socialistic
state. A democratic state is a state that is based on the concept of equality and accountability. A
socialist state is one that accepts the responsibility for providing and ensuring 'Social Security'
to its entire citizen without discrimination18.

i i i i i i I
16
In May,2006 the UN Committee on Economic, Social and Cultural Rights (UNCESCR) considered a Draft
General Comment No.20 on the Rights of Social Security.

i i i i i i i i i
17
UN Document E/CN.4/1987/1
i i i
18
Report of the Second National Labour Commission, Chapter-VIII, Para8.9
i i i i i i i i i
37
C. Social security and Constitutional Provisions i i i i
The fundamental Rights that our constitution guarantees to every citizen include the right to life,
and as the Supreme Court have pointed out, that the right to livelihood is inherent in the right to
life. The ultimate objet of the social security is to ensure that everyone has the means of
livelihood. It follows that that the right to the social security is also inherent in the right to life19.
As per the apex court, India is constitutionally a socialistic state. The principle aim of socialism
is to eliminate inequity of the income and status and to provide a decent standard of living for
the working people.20

i i i i
a) Directive Principle of State policy i i i i
The DPSP under the provision21states that the state shall strive to promote the welfare of
i the people by securing and protecting, as effectively as it may, a social order in which
i justice, social, economic and political, shall inform all the institution of the national life.
i The State shall, in particular strive to minimize inequities in income, and endeavor to
i eliminate inequities in the status, facilities and opportunities not only amongst groups of
i people residing in different areas or engaged in different vocation.

i i i i i i i i i
The state shall, in particular, direct its policy towards securing;

i i i i i i i i i
 That the citizens, men and women equally, have an adequate means to livelihood.
 That the health and strength of workers, men and women and tender age of children are
i not abused and that citizens are not forced by the economic necessity, to enter into an
i avocation unsuited to their age. i i i i
 That children are given opportunities and facilities to develop in a healthy manner in
i conditions of freedom and dignity and that childhood and youth are protected against
i exploitation and against moral and material abandonment. i i i i i i
The state shall make within the limits of its economic capacity and development effective
provision for securing the right to work, to education and to public assistance in case
22
unemployment, old age, sickness and disablement and in other cases of undeserved want.
The state shall endeavor to secure by suitable legislation or economic organization or any other
way to all worker’s, agricultural, industrial or otherwise, work, a living wage, condition of work
ensuring a decent standard of life and full enjoyment of leisure and social and cultural
19
id.
i
20
id.
i
21
Art.38 of the Constitution of India
i i i i i i
22
Art.41 of the Indian Constitution.
i i i i i
38
opportunities23. Therefore, the Indian constitution visualizes a regime of social security for
citizen of India in general and the workforce in particular.

i i i i i i i i i i
b) Legal Regulation of Social Security and Welfare of Migrants i i i i i i i i
The Indian Constitution contains basic provisions relating to the conditions of employment,
non-discrimination, right to work etc. India is also a member of the ILO and has ratified many of
the ILO conventions. These provisions and commitments, along with pressure from workers’
organisations, have found expression in labour laws and policies. Migrant labourers face
additional problems and constraints as they are both labourers and migrants. Many of the
problems faced by migrant labourers are covered by laws and policies in as much as they cover
all labourers in a particular sector or industry. These laws include the Minimum Wages Act,
1948; the Contract Labour (Regulation and Abolition) Act, 1970; the Equal Remuneration Act,
1976; the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service), Act, 1996; the Workmen’s Compensation Act 1923; the Payment of
Wages Act 1936; the Child Labour (Prohibition & Regulation) Act,1986; the Bonded Labour
Act, 1976; the Employees State Insurance Act, 1952; the Employees Provident Fund Act, 1952;
and the Maternity Benefit Act, 1961.

i i i i i i
i. Interstate Migrant workman (Regulation and Condition of Services) Act, 1979 i i i i i i i i i
The last three Acts cover only organized sector workers and thus preclude temporary migrants.
i In addition to the above laws, Parliament passed the Inter State Migrant workmen (Regulation
and Conditions of Service) Act 1979 specifically to deal with malpractices associated with the
recruitment and employment of workers who migrate across state boundaries. The Act
followed the recommendations of a committee set up by the Labour Minister's Conference in

1976. The Act covers only interstate migrants recruited through contractors or middlemen and
those establishments that employ five or more such workers on any given day. Under the Act;
• Contractors and establishments are required to be licensed and registered by a notified

i registering authority. i
• The contractor is required to issue a passbook to every worker, giving details about the
i worker, including payments and advances, and pay each worker a displacement
i i i i i i i i i i
i allowance and a journey allowance. i i i i
23
i Art.43 of the Indian Constitution.
i i i i
39
• Contractors must pay timely wages equal to or higher than the minimum wage; provide
i suitable residential accommodation, prescribed medical facilities and protective i i i i i i i
i clothing; and notify accidents and casualties to specified authorities and kin. i i i i i i i i i i
The Act lays down machinery to resolve industrial disputes and provides for migrant workers to
approach the authorities in destination states or in their home states if they have already returned
home. The Act sets penalties including imprisonment for non-compliance, but provides an
escape route to principal employers if they can show that the transgressions were committed
without their knowledge. Labour laws aiming to protect migrant workers have remained largely
on paper. In the case of the 1979 Act, few contractors have taken licenses and very few
enterprises employing interstate migrant Workers have registered under the Act. The record of
prosecutions and dispute settlement has been very weak. Migrant workers do not possess pass
books, prescribed by law, and forming the basic record of their identity and their transactions
with the contractor and employers24

i i i i i
A study conducted on the status of migrant workers in the Punjab by the Centre for Education
and Communication (CEC) pointed out gross violations of the Child Labour (Prohibition &
Regulation Act 1986), the Minimum Wages Act (1948), the Contract Labour Act (1970), the
i Inter State Migrant Workmen Act, 1979 and the Equal Remuneration Act (1976). The violation
of these laws was found to be most rampant in the case of brick kilns. Different kinds of
harassment were meted out to migrant workers by the police, postal department, and owners of
the establishments, owners of workers’ dwellings, shopkeepers, labour contractors and the
railway police during their journey. Migrant labour is recruited from various parts of a
particular state through contractors or agents for work outside that state in large construction
and other projects. This system lends itself to abuses working hours are not fixed and workers
have to work under extremely harsh conditions25.Most migrant labourers are also employed in
the unorganised sector, where the lack of regulation compounds their vulnerability.
ii. Migrant worker and Unorganised Labourer i i i i
The term ‘unorganized labour’ has been defined as those workers who have not been able to
organize themselves in pursuit of their common interests due to certain constraints, such as
casual nature of employment, ignorance and illiteracy, small and scattered size of
establishments, etc. As per the survey carried out by the National Sample Survey Organization
i i ii i i i i i i i i i i i
24
i Supra15, iNCRL i(1991)
25
i http://www.labourfile.org/cec1/cec.visited i
40
in the year 2004-05, the total employment in both organized and unorganized sector in the
country was of the order of 45.9 crore. Out of this, about 2.6 crore were in the organized sector
and the balance 4.3. crore in the unorganized sector. Out of 43.3 crore workers in the
unorganized sector, 26.9 crore workers were employed in agriculture sector, 2.6 crore in
construction, and remaining were in manufacturing activities, trade and transport,

i i i i i i i i i i
communication & services. A large number of unorganized workers are home based and are
engaged in occupations such as beedi rolling, agarbatti making, papad making, tailoring, and
embroidery work26.
i i
i The unorganised sector workers suffer from cycles of excessive seasonality of employment,
lack of a formal employer-employee relationship and absence of social security protection.

Several legislations such as the Workmen’s Compensation Act, 1923; the Minimum Wages
Act, 1948; the Maternity Benefit Act, 1961; the Contract Labour (Abolition and Prohibition)
Act, 1970; Building and Other Construction Workers (Regulation of Employment &
Conditions of Service) Act, 1996; and the Building and Other Construction Workers Welfare
(Cess) Act, 1996 etc. are directly or indirectly applicable to the workers in the unorganized
sector also. The Ministry of Labour is also operating Welfare Funds for some specific
categories of workers in the unorganized sector like beedi workers, cine workers and certain
non-coal mine workers. The funds are used to provide various kinds of welfare activities to the
workers in the field, housing, education assistance for children, water supply etc. The
Government has launched Group Insurance Schemes, such as the Janshree Bima Yojana for
people living below or marginally above the poverty line and Aam Aadmi Bima Yojana for
landless rural households which also include workers in the unorganized sector. There are some
employment-oriented schemes like Swarnjayanti Gram Swarojgar Yojana, Pradhanmantri

i i i i i i i i
Gram Sadak Yojana, Sampoorna Gramin Rojgar Yojana, National Rural Employment
i i i i i i i i i i
Guarantee scheme etc. which are benefiting unorganized sector workers.

i i i i i i i i i
Following the recommendations of the Second National Commission of Labour (NCL, 2002),
the central government has mooted a draft law, the Unorganised Sector Workers Bill, 2003 in
order to identify workers employed in the unorganised sector and to provide them with basic
social security. The Bill builds upon the experience of tri-partite welfare funds already in
existence for a few industries in some states. Key Provisions of the proposed Act include:
26
i Annual report 2008-9, Ministry of Labour and Employment, GOI
i i i i i i i i
41
• The scope of the Act will extend to all workers in the unorganised sector, whether directly or
through an agency or contractor, whether for one or several employers and whether a casual or
temporary worker, a migrant worker, or a home based worker (self-employed or employed for
wages).
i
• Central and state governments shall constitute and ‘Unorganised Sector Workers Central
Board’ and similar state boards for the administration and coordination of the Act at central and
state levels.
i i
• The boards shall set up ‘Workers Facilitation Centres’ for the registration of workers; issue of
social security numbers and identity cards; mobilization of workers to become members of the
Welfare Fund; assistance in dispute resolution and in the conduct of inspections.

• Concerned governments could notify welfare schemes for any class of employment under the
Act and establish a Fund for this purpose. It could also regulate the conditions of employment.
• The Welfare Fund will receive contributions from the government, employers and workers.
Workers will have to make regular contribution to the Fund until the age of 60.
• All workers, including self-employed or home based will be eligible for registration.
• Lok Shramik Panchayats shall be formed for dispute resolution in the unorganised sector.
• The government will appoint persons known as Shramik Samrakshak to carry out inspections
and check on the compliance of the Act.

i i i i i i i i i
iii. The Unorganised Worker’s Social Security Act, 2008

i i i i i i
Formulation of the 2003 bill found its place in the Unorganized Sector Workers Social Security
i i i i i i i i i iii i i i i
Act 2008.The salient features of the Bill are as under: Section 2 provides for the definitions,
including those relating to unorganized worker, self-employed and wage worker.

i i i i i i i i i i
i. Section 3 (1) provides for formulation of schemes by the Central Government for
i different sections of unorganized workers on matters relating to (a) life and disability
i cover ;(b) health and maternity benefits; (c) old age protection (d) any other benefit as
i may be determined by the Central Government.

i i i i i i
42
ii. Section 3 (4) provides formulation of schemes relating to provident fund, employment
injury benefits, housing, educational schemes for children, skill up gradation, funeral
assistance and old age homes by the State Governments.

i i i i i i i i i i
iii. Section 5 envisages constitution of National Social Security Board under the
i i i i i i i i i i
chairmanship of Union Minister for Labour & Employment with Member Secretary and
34 nominated members representing Members of Parliament, unorganised workers,

i i i i i i i i i
employers of unorganised workers, civil society, Central Ministries and State

i i i i i i i i i i
Governments. Provision for adequate representation of persons belonging to the

i i i i i i i i i i
Scheduled Castes, the Scheduled Tribes, the Minorities and Women. The National
Board would recommend the Central Government suitable schemes for different
i i i i i i i i i i
sections of unorganised workers; monitor implementation of schemes and advise, the

Central Government on matters arising out of the administration of the Act.

iv. Section 6 has provision for constitution of similar Boards at the State level.
v. Section 7 relates to funding pattern of the schemes formulated by the State

Governments.
i
vi. Section 8 prescribes record keeping functions by the District Administration. For this
purpose, the State Government may direct (a) the District Panchayat in rural areas; and
(b) the Urban Local Bodies in urban areas to perform such functions.
vii. Section 9 provides for setting up of Workers’ Facilitation Centre to (a) disseminate
information on social security schemes available to them (ii) facilitate registration of

workers by the district administration and enrollment of unorganised workers.

i i i i i i i i i i
viii. Section 10 provides for eligibility criteria for registration as also the procedure for
registration under the Act. Sections 11-17, contain miscellaneous provisions for implementing
i i i i i i i i i i
the Act. Apart from the above, a Health Insurance Scheme namely, the ‘Rashtriya Swasthya
Bima Yojana’ for BPL families (a unit of five) in Unorganised Sector was formally launched
on 1st October, 2007. The scheme became operational from 1st April, 2008 and benefit under
scheme started accruing to the beneficiaries. The benefits under the scheme include:
(i) Smart card based cashless health insurance cover of Rs. 30,000 to a BPL family of five.
(ii) All pre-existing diseases to be covered.

i i i i i i
(iii) Hospitalization expenses, asking care of the most of the illness. i i i i i i i i i
(iv) Transportation cost of Rs. 100 per visit with an overall limit of Rs. 1000 per annum i i i i i i i i i i i i i i i
iTop of Form. i i
43
COVID EFFECT:- i i
i i Amid the crisis, ILO has issued some guidelines for the swift working of Industries and the
labourers all around the world. The following is to show some guidelines that are drafted for
the welfare of the labourers exclusively in relation to Indian scenario

i) The International Labour Organization said in a press release on Thursday that

amendments to labour laws should be done only after tripartite talks between the
government, workers’ organizations and employers’ organizations. It was referring

i i i i i i i i i
to relaxation of labour laws by several states in India, with a view to increasing

production following the corona virus pandemic.

i i i i i i
ii) India imposed a nationwide lockdown from March 25, which severely hit most
economic activity. From April 20, some businesses were allowed to resume in low-
risk zones, but economic activity remained low.

i i i i i i
iii) The ILO added that such amendments should be in consonance with international
labour standards, including the Fundamental Principles and Rights at Work.

i i i i i i i i i i
“Labour laws protect well-being of both employers and workers,” the labour
organization said. “They are an important means to advance social justice and
promote decent work for all.”

i i i i i
iv) The ILO acknowledged that India has taken measures to provide income and social
security support to workers, and revitalise businesses and the economy. ILO said it
had advised four pillars of policy in this regard.

i i i i i i i i i
v) Firstly, the group said, recovery efforts should stimulate the economy and
i i i i i i i i i i
employment using fiscal and monetary measures. “Second, supporting enterprises,

i i i i i i i i i
jobs and income through social protection, employment retention and financial
i i i i i i i i i i
relief to enterprises,” it added. “Third, workers need to be protected by

strengthening occupational safety and health measures at work and by ensuring

access to health care and paid leave.”

i i i i i i i
44
vi) The ILO said India should also “strengthen the social dialogue, collective
i i i i i i i i i i
bargaining and labour relation institutions and processes for implementing

i i i i i i i i i
solutions”.
i
vii) The organisation said India, a founder member, has been a strong advocate of
developing and implementing international labour standards. “Its commitment and

i i i i i i i i i
respect for these standards has contributed to building a culture of social dialogue
and tripartism in the country,” ILO said. “This culture is key to achieve consensus
among government, employers and workers and build a resilient and inclusive
economy.”
i
viii) On May 7, the Uttar Pradesh government exempted businesses from the scope of all
but four labour laws27 for the next three years to boost investments hit by the corona
virus pandemic. The four laws that will still apply to businesses are the Building and
Other Construction Workers Act, Section 5 of Payment of Wages Act, Workmen

Compensation Act and Bonded Labour Act. Madhya Pradesh exempted firms from
inspections by the labour department and maintenance of registers while also

allowing flexibility in extending the shifts of workers.

i i i i i i i i
ix) At least seven states have raised maximum working hours from 48 to 72 a week28.
Factory workers in India may now be required to work 12 hours a day, with six-hour
shifts spread over 13 hours. While Punjab, Madhya Pradesh and Haryana will pay
29
overtime rates specified under Section 59 of the Factories Act of 1948 , Gujarat and
Himachal Pradesh have said that they will pay only regular wages. Rajasthan has
been silent on the subject of overtime payment to workers.

i i i i i i i i i i
27
http://information.up.nic.in/attachments/CabinetDecisionfile/7c223b50d3fdc5a2c4a53863012ed0b0.pdf
i
28
https://scroll.in/article/961450/eight-hour-day-states-are-using-the-pandemic-to-deny-factory-workers-a-hard-
i
won-right
29
https://labour.gov.in/sites/default/files/TheFactoriesAct1948.pdf
i
45
SUGGESTIONS
The governments of receiving and sending countries and international and national trade unions
can make a major contribution towards improving the position of migrant workers and in
assisting the development of the economies in their respective countries. This is particularly
important in the case of developing countries where key workers continue to be lost.
Developed countries that benefit from the brain drain have a duty to help in the building of
strong, sustainable economies in developing countries. Action need to be co-ordinated if it is to

be successful and governments and trade unions have much to do. UNISON currently
participates in the Migration and Women Health Workers Project of Public Services
i International (PSI), a global federation of public service unions in:

i i i i i i i i i
• Promoting women health workers rights

i i i i i i
• Campaigning for ethical recruitment

i i i i i
• Maintaining quality public health services

i i i i i
• Engaging in social dialogue in the health sector.

i i i i i i i i
• Tighten the ‘Code of Practice for the international recruitment of healthcare professionals’, to
halt unethical recruitment by private agencies.

i i i i i i
• Initiate international action to regulate the activities of private recruitment agencies.

• Work with other European governments, and internationally, to establish a multilateral

framework for a rights-based system of labour migration, based on the ILO’s Core Labour
Standards.
i
• Ensure that migrant workers are provided with the necessary information on the real costs and
benefits of migration, access to legal protection, employment rights and social benefits, while at
the same time ensuring they are covered by national labour legislation, collective agreements,
and applicable social laws.

i i i i i
• Introduce measures to ensure that migrant workers benefit from the provisions of all
international labour standards.

i i i
• Provide salary support in key sectors such as education and health, where staff losses are
greatest
i
46
• Offer assistance to improve health service financing and governance in countries that are
losing staff
i i
• Strengthen key public services in developing countries through targeted and equitable
development assistance
i i
• Help migrant workers and ethnic minorities to become trade union activists and leaders
• Produce migrant awareness training for existing union members

i i i i i i i i
• Support the European Year of Workers’ Mobility 2006, to raise awareness and increase
understanding of labour migration in Europe

i i i i i i
• Work with national and international trade union centres to challenge the perceived negative
image of migrant workers, promote their human and trade union rights, and highlight their
positive contribution to the economy and society

i i i i i i i
• Build closer working relationships with trade unions overseas, with exchange programmes to
develop a greater understanding of migration issues, and develop capacity building schemes to
assist trade unions in sending countries

i i i i i i
• Identify areas where there is significant employment of migrant workers and organise union
recruitment campaigns, supported by material in appropriate languages

i i i i i i i i
• Provide advice and information to migrant workers on their rights as well as responsibilities at
work, and access to trade union support information on housing, the cost of living, banking
facilities, and other social services

i i i i i
• Identify union members who are foreign born or foreign workers with a view to organising and
recruiting
i
• Appoint full time officer(s) to work specifically on recruitment of migrant workers, and set up
support groups in branches where there are migrant workers

i i i i i i i i i
• Encourage reciprocal union membership through signed ‘passport’ agreements

i i i i i i i i
• Develop and promote workplace strategies to combat racism, discrimination and xenophobia
towards migrant workers

i i i
47
• Work closely with organisations and community groups caring for migrant workers, asylum
seekers and refugees

i i i
• Develop a common strategy on the rights-based approach to labour migration with

international and national trade union centres

i i i i i i
• Campaign for increased funding for public education and healthcare at home and overseas.
48
CONCLUSION
Migration has become a global phenomenon. As discussed earlier, people migrate to another
country for a number of reasons of which economic and political are the important ones. From
our earlier explanation it is evident that migration has positive as well as negative effects both
on the host and native countries. In a globalized world, the number of migrants is bound to
increase. However, in the larger interest of nations and people (migrants) involved it is
necessary to introduce measures so that the positive effects are maximized while the negative
ones are minimized if they cannot be totally eliminated.

i i i i i i i i i
The suggestions in this direction are to promote the labor rights to immigrants. Allow the
migrant workers to join Trade Unions. Treat immigrants on the same level as those of workers
of host country. Safety conditions should be made applicable even if they are on temporary
work. Promote ethical recruitment. Prevent exploitation and discrimination. Reform work
i i i i i i i i i i
permits schemes to reduce powers of employers. Legislate to prevent employers from

withholding migrant workers passport. Initiate international action to regulate the activities of
private recruitment agencies. All the countries should ratify 1990 UN convention on the
protection of rights of all migrant workers and their families.

i i i i i i i i i i
Today, migrant workers account for 150 million of the world’s approximately 232 million
international migrants. Globalization, demographic shifts, conflicts, income inequalities and

i i i i i i i i i
climate change will encourage ever more workers and their families to cross borders in search
of employment and security. Migrant workers contribute to growth and development in their
countries of destination, while countries of origin greatly benefit from their remittances and the
skills acquired during their migration experience. Yet, the migration process implies complex
challenges in terms of governance, migrant workers' protection, migration and development

linkages, and international cooperation. Lack of labor protection for migrant workers
undermines protection generally for all workers.

i i i i i i i
Migration from one area to another in search of improved livelihoods is a key feature of human
history. While some regions and sectors fall behind in their capacity to support populations,
others move ahead and people migrate to access these emerging opportunities. Industrialization
widens the gap between rural and urban areas, inducing a shift of the workforce towards
industrializing areas. There is extensive debate on the factors that cause populations to shift,
49
from those that emphasize individual rationality and household behavior to those that cite the
structural logic of capitalist development.

i i i i i
50
BIBLIOGRAPHY
 International Labour Organisation, Peter Stalker (2000), Workers Without Frontiers –

i i i i i i i i i
the Impact of Globalisation on International Migration.

i i i i i i i
 Peter Stalker, New Internationalist, (2001), The No Nonsense Guide to International

i i i i i i i i i i
Migration.
i
 UNIAID and International Organisation for Migration, Duckett, Margaret, (March

i i i i i i i i
2001) – Migrants’ Right to Health

i i i i i i i
 Organisation for Economic Co-operation and Development. Jonathan Coppel, Jean- i i i i i i i i
Christopher Dumont and Ignazio Visco (18 June 2001) – Trends in Migration and
Economic Consequences Economic Department Working Paper No.284

i i i i i i i
 Joint Council for the Welfare of Immigrants, Labour Research Department (January
i i i i i i i i i i
2002) – Migrant Workers a TUC guide.

i i i i i i i
 European Trade Union Confederation (2003) Migrant and Ethnic Minority Workers:
i i i i i i i i i
Challenging Trade Unions…

i i i
 Dr Stephen Bach, ILO Geneva, (July 2003) – International migration of health workers:
i Labour and social issues. i i i
 The Migration Myths. Analysis and Recommendations for the European Union, the UK
and Albania
i i
 World Health Organisation. Health and Human Rights Publications Series. Issue No.4
i i i i i i i i i i
(December 2003) International Migration, Health and Human Rights.

i i i i i i i i
 International Labour Office (2004). Report VI. Towards a fair deal for migrant workers
in the global economy.

i i i i i
 Trends in International Migration OECD Annual Report. 2004 Edition

i i i i i i i i
 Migration flows to major OECD countries seem to be stabilizing, data show.

 https://www.ilo.org/public/libdoc/ilo/2006/106B09_343_engl.pdf
 http://news.bbc.co.uk/1/hi/world/africa/3629657.st
 http://uninet/information_resource_centre • Migration Population by Regions and in the i i i i i i i i
World (2000)
i i
 http://www.migrationinformation.org/Feature/display.cfm?ID=251 i – Migration
i
i Information Sources – Changing configurations of Migration in Africa i i i i i i i i
 http://www.manchester.ac.uk/research/ Organising Migrant Workers: A Case Study i i i i i i
51
 www.ilo.org International Labour Organisation – Current dynamics of International
i i i i i i i i
labour migration: Globalisation and regional integration

i i i i i i
 http://news.bbc.co.uk/1/hi/uk_politics/ BBC News. Labour's migration battle

i i i i i
52

2015 (034) Ilo PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2015 (034) Ilo PDF

Uploaded by

Copyright:

Available Formats

THE ROLE OF INTERNATIONAL LABOUR ORGANIZATION IN

PROTECTION OF MIGRANT WORKERS: A CRITICAL

ESHWAR MUDRAGADA – 2015034 i i i

5 Year Integrated B.A., L.L.B. (Hons.).

INTERNATIONAL LABOUR ORGANIZATION AND LABOUR

Under the Supervision of

Dr. CH. LAKSHMI

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,

NYAYAPRASTHA, SABBAVARAM, VISAKHAPATNAM -531035

ANDHRA PRADESH, INDIA i i

PROJECT TITLE: The Role of International Labour Organization in protection of Migrant

Workers: A Critical Analysis.

FACULTY’S NAME: Dr. Ch.Lakshmi i i i

Organization in protection of Migrant Workers: A Critical Analysis, submitted by me is an

Signature of the student i i i iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiii Signature of the Faculty i i i

crowned my hard work with accomplishment.

I owe my gratitude to Dr. Ch.Lakshmi, Faculty International Labour Organization and

encouragement and moral support in conducting this project work.

S.NO. ABBRIEVATION FULL FORM i

1 ILO International Labour i

2 GDP Gross Domestic Product

3 GATS General Agreement on Trade i i i

4 CMW Conventions on Migrant i i

5 IOM International Organization for i i

6 USSR Union of Soviet Socialist

7 USA United States of Americai i i

8 POE Protector of Emigrants i i

9 ICESCR The International Covenant on

the Economic, Social and

11 CEC Centre for Education andi i i

12 NCL National Commission of i i

14 PSI Public Services International

16 OECD Organization for Economic

17 WHO World Health Organization

 CAUSES OF LABOUR MIGRATION

 ECONOMIC REASONS FOR MIGRATION\ i i i

 LACK OF SOCIAL AMENITIES & INFRASTRUCTURES

 POOR PLANNING POLICIES & COLONIAL TIES

 PROXIMITY & CHEAP TRANSPORTATION i i i

 LABOUR MIGRATION – INTERNATIONAL SCENARIO

 INTERNATIONAL MIGRATION FROM INDEPENDENT INDIA i i i i

 TRENDS IN INTERNATIONAL MIGRATION BETWEEN INDIA AND

 INTERNATIONAL LEGAL PROVISIONS APPLICABLE TO MIGRANT i i i i i

 EFFECTS AND IMPACT OF LABOUR MIGRATION

 PROBLEMS ENCOUNTERED BY MIGRANTSi i i

 KEY ISSUES FOR INTERNATIONAL LABOUR MIGRATION

half of all migrant workers.

cannot be effectively addressed when countries act in isolation; hence, international

cooperation in managing labour migration can be valuable in addressing national interests.

to provide practical guidance to governments and to employers’ and workers’ organizations

on the economic consequences of migration.

significantly to reducing poverty and their gross domestic product [GDP].

 To study the meaning and causes of International Labour Migration.

 To study the present scenario of International Labour Migration.

 To suggest some measures and remedial techniques pertaining to the issue.

SCOPE OF THE STUDY i i i

the migrant workers.

1. What are the main reasons for International Labour Migration?

2. What are the types of Labour Migration?

3. What is the present scenario of Labour Migration in India and in Overseas?

5. What are the problems faced by the migrant workers?

style of citation is used in this project.

recommendations so as to solve the problem of International Labour Migration.