Nepalese migrant workers in India and their problems Surendra Pratap , Centre for Workers Education, New Delhi. Migration from Nepal to India. Nepalese citizens immigrating to India constitute nearly 68 percent of total Nepalese emigrants
Domestic workers about 50 percent
Factory workers about 10 percent
House wives about 25 percent
Some in various other casual jobs and a significant percentage may be in Brothels
There may be about 200,000 Nepali women in Indian brothels
United Nations Convention against Transnational Organized Crime and its Protocols: – Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime – Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
•The right to life (article 6)
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1978
Duties of contractors:- (1) It shall be the duty of every contractor, --
Wage rates and other conditions of service of inter-State migrant workman: The wage rates, holiday hours of work and other conditions of service of an inter-State migrant workman shall, - (a) in a case where workman performs in any establishment, the same or similar kind of work as is being performed by any other workman in the establishment, be the same as those applicable to such other workman. (b) In any other case, be such as may be prescribed by the appropriate Government: Provided that an inter-State migrant workman shall in no case be paid less than the wages fixed under the Minimum Wages Act, 1948 (11 of 1948). Notwithstanding anything contained in any other law for the time being in force, wages payable to an inter-State migrant workman under this section shall be paid in cash.
Responsibility for payment of wages: A contractor shall be responsible for payment of wages to each inter-State migrant workman employed by him and such wages shall be paid before expiry of such period as may be prescribed. Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner and may be prescribed. In case the contractor fails to make payment of wages within the prescribed period or make short payment, then the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the inter-State migrant workman employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
Inspections: The Government is required to appoint inspectors to inspect the premises engaging interstate migrant workers and ensure the compliance of the provisions of the act