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Laws Relating To Protection Of Migrant Workers With Reference To ILO




Ritika Bahri, Law College Dehradun

Dr. Khaleeq Ahmad, Law College Dehradun


ABSTRACT


Migration is a major trend in the world due to the existence of economic differences, globalization, labour and political instability. The migrant workers are also playing a significant role in the economic development of the host and home countries, but they continue to be the victims of exploitation, discrimination, unsafe working environment, and lack of fundamental rights. The role of the International Labour Organization (ILO) conventions and standards is instrumental in ensuring the protection of the rights and dignity of migrant workers via the international legal frameworks that support equality, social security, decent work and non-discrimination. As both a source and destination country of migrant labour, India has put in place numerous constitutional and statutory protections, though, implementation issues still pose a challenge to successful protection. The COVID-19 pandemic also revealed the precarious lives of migrant workers and particularly in the informal sector. The paper critically analyses the legal safeguards that can be availed to the migrant workers and specifically to the ILO conventions, international human rights standards, and Indian labour laws. It examines how the constitutional guarantees, labour welfare laws, judicial interventions, and reforms in policies contribute to labour justice. The paper also points out the gaps in implementation, and provides recommendations on how legal and institutional frameworks can be tightened to provide social and economic security to migrant workers.


Keywords: Migrant Workers, International Labour Organization, Labour Rights, Human Rights, Labour Laws, Social Security, Decent Work, Constitutional Protection, Migration, Employment Justice.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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