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India's Labour Codes: guides for employees and employers

What rights do inter-state migrant workers in India have now?

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Under India's OSH Code, an inter-state migrant worker is a person recruited in one state, directly or through a contractor, to work in an establishment in another state, or who came on their own and found work there, and who earns up to the notified wage limit. Employers must pay a yearly journey allowance.

At a glance

  • Covers workers hired directly, through a contractor, or who migrated on their own.
  • Journey allowance: a lump sum once a year for a return journey to the native place.
  • Provisions apply to establishments employing 10 or more such workers.
  • Governments are to provide ration benefit options and portability, and may provide a toll-free helpline.

Who is an inter-state migrant worker?

The OSH Code definition requires employment in an establishment and a wage not exceeding 18,000 rupees a month or the higher amount the government notifies. Both direct and contractor routes are included, as are workers who move on their own.

What employers must do

  • Journey allowance (section 61): pay every such worker a lump sum each year for the to-and-fro fare to the native place. The minimum service, periodicity and class of travel are set by government rules.
  • Declare the number of inter-state migrant workers in the establishment's returns.
  • Provide welfare facilities and pay wages as for other workers.

What governments provide

  • Option to use the public distribution system in the native or destination state (section 62).
  • Portability of building-worker cess fund benefits.
  • A toll-free helpline, which the government may provide (section 63).
  • A national database of unorganised workers, to which a migrant worker can self-register with self-declaration and Aadhaar.
  • No court proceeding for recovery of past debt against a migrant worker after employment ends (section 65).

Contract labour overlap

Where a contractor supplies migrant workers, the licence and principal employer duties for contract labour also apply. The Ministry's FAQ states that the employer pays to-and-fro journey allowance once a year between the native place and the place of employment.

For workers

Keep your appointment letter, ask about the journey allowance in writing and register on e-Shram. See e-Shram and inter-state migrant worker.

Sources

Sources:

  • The Occupational Safety, Health and Working Conditions Code, 2020 (official text), labour.gov.in, checked 2026-10-31
  • Ministry of Labour and Employment, Compliance Handbook for Employers under the Four Labour Codes (Central Government sphere), labour.gov.in, checked 2026-10-31
  • Ministry of Labour and Employment, FAQs on Labour Codes (Dec 2025), labour.gov.in, checked 2026-10-31
  • PIB, India's Labour Reforms: Simplification, Security, and Sustainable Growth (21 Nov 2025), pib.gov.in, checked 2026-10-31
  • e-Shram portal (Ministry of Labour and Employment), eshram.gov.in, checked 2026-10-31
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.

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