THE NEED FOR THE PROTECTION OF MIGRANT WORKERS: A CRITICAL STUDY OF SAFEGUARDS UNDER INDIA’S OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

AUTHOR – NEHAA C S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – NEHAA C S, THE NEED FOR THE PROTECTION OF MIGRANT WORKERS: A CRITICAL STUDY OF SAFEGUARDS UNDER INDIA’S OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1067-1072, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Migration for employment is a crucial aspect of modern labor markets; however, migrant workers continue to be one of the most at-risk groups within the workforce. In India, the re-regulation of their rights through the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) signifies a fundamental change from the original Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. Nevertheless, the new framework presents both improvements and notable setbacks. This article provides a critical analysis of the necessity for migrant worker protection, exploring the definition of “migrant worker” as outlined in the OSH Code, the essential protections it offers, and the ongoing deficiencies in enforcement and coverage. It contends that, despite the Code’s formal acknowledgment of wider categories of migrant workers and their rights to equal pay, safe working environments, housing, and the portability of social security, exclusions based on thresholds, wage ceilings, and the ongoing exclusion of intra-state migrants hinder the realization of these rights. The article concludes with a series of policy suggestions designed to enhance legal protections and institutional frameworks for safeguarding migrant workers in India.

Key words: migration, occupational safety, inter-state, occupational safety, migrant worker, intra-state