India's Labour Codes: guides for employees and employers
What rights do inter-state migrant workers in India have now?
On this page
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.