To,
The Principal Secretary,
Ministry of Labor, Employment Training & Factories,
Telangana State.
Subject: Immediate action needed in addressing the plight of Interstate Migrant Labour at Construction Company Labour Camps in and around Hyderabad and Rangareddy.
Sir/Madam,
Human Rights Forum, has been actively working on the issues of human rights violations in the combined Telugu states for the last 25 years. It is a non- funded, non-political organization comprising a group of committed democratic minded individuals.
We submit this petition to you to highlight the issues faced by inter-state migrant workers working in Hyderabad.
Amid real estate boom, many high rise building constructions are taking place at a fast pace in Hyderabad especially at Gachibowli and Kokapet surrounding areas. The construction companies rely on migrant workers from Odisha, Jharkhand, Uttar Pradesh and Bihar. The construction companies rely on contractors to get the workforce and builds labour camps where water and toilet facilities are provided for the labour.
In our multiple fact findings, we noticed that following sections of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 are being violated by the construction companies.
- We observed that they are not receiving wages according to the Minimum wages act, which is a clear violation of Section 13 (b) of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
- Section 23 of the said act makes it compulsory for the contractor to maintain a pass book in the language that workers can understand, to maintain joining date and wages provided to them.
- Section 39, 40 & 45 related to amenities to be provided by the contractor like potable water, sufficient number of toilets etc., are not being provided.
- Section 41 of the Act rules that if the work continues for more than 6 months, then it is the duty of the contractor or the employer to establish and maintain a canteen for the benefit of the workers. No such facility is being provided, we have received information that in many camps, the workers have to go out and buy groceries and other items related to cooking and cook food for themselves in the provided living space.
- Section 44 of the Act dictates that if the work continues for more than 3 months, then it is the duty of the contractor or the employer to establish and maintain a crèche for the workers children who are below 6 years old. No such facility is being maintained
Human Rights Forum believes that all these violations are taking place due to the lack of supervision and regular inspections from the Labour Department. No officer ever inspected the premises and checked the records as mentioned in the section 20(2) of the Act. Replies we received from the labour department through RTI indicate the same.
These violations of the act amounts to clear violations of Human rights and labour rights. We request your office to immediately appoint Inspectors under the section 20(3), which allows States to appoint Inspectors. They are supposed to check if all the migrant labourers are receiving their due rights and entitlements according to the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and contractors/Principle employers are obliging the law.
Migrant workers play a vital role in the state building, especially in the construction industry and are particularly vulnerable for exploitation due to the lack of familiarity with local laws and their dependence on the companies for basic necessities. Reports suggest that many labour camps lack proper sanitation, hygiene facilities, clean drinking water and adequate ventilation. Additionally, concerns have been raised about insufficient medical care, poor quality food, and unsafe working conditions.
Furthermore, there are allegations of wage distortion, denial of overtime pay, and unfair labour practices in these camps. Such practices not only violate basic human rights but also undermine the dignity and well-being of these workers.
In light of these serious concerns, our organization urges you to take immediate action to ensure the protection of interstate migrant labourers in Telangana. This includes:
Regular Inspections: Conducting regular inspections of labour camps to verify adherence to regulations regarding sanitation, safety and living conditions.
Strict Enforcement: Stringent enforcement of existing labour laws that ensure fair wages, safe working environments, and access to basic amenities for all workers, regardless of their origin.
Awareness Programs: Organizing awareness programs for both construction companies and migrant labourers to educate them about their respective rights and responsibilities.
Grievance Redress Mechanism: Establishing a robust grievance redress mechanism that allows workers to report any violations they experience without fear of retaliation.
The timely intervention of the Labour Department is crucial to ensure that these vulnerable workers are treated with respect and dignity. By implementing these measures, the Telangana government can set a strong example in protecting the rights of all labourers within its borders.
We appreciate your immediate attention on this issue.
Thanking You,
Sincerely,
Sanjeev,
General Secretary, Human Rights Forum – Hyderabad Unit
Rohith,
Secretary, Human Rights Forum – Hyderabad Unit
17.08. 2024.
Copy to:
To,
The Director,
Commissioner of Labor office, Labor Department,
Telangana State.