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Social Security Coordination For Migrant Workers: A Comparative Study Of India, The European Union, And China

Sep 26
1 min read



Ankush Kumar, B.A. LL.B., Government Law College, Mumbai


ABSTRACT


Labour migration has outpaced the legal architecture meant to protect it. This paper undertakes a comparative analysis of how India, the European Union, and China coordinate social security entitlements for migrant workers, spanning both internal and cross-border movement. It examines the legal instruments, institutional machinery, and portability mechanisms in each jurisdiction - the EU's supranational Regulation (EC) No 883/2004 framework, India's fragmented statutory and portal-based approach under the Code on Social Security, 2020, and China's hukou-linked social insurance system now undergoing reform to permit place-of-employment enrolment. The paper finds that the EU offers the most legally binding and rights-based coordination regime, built on the principles of single applicable legislation, equality of treatment, aggregation of insurance periods, and exportability of benefits; India offers the widest formal bilateral treaty network for outbound workers but the weakest protection for its overwhelmingly informal internal migrant majority; and China, despite lacking a comparable external framework, is undertaking the most significant recent structural reform to its internal portability regime through the 2025–2026 hukou-social insurance delinking policy. Drawing on these findings, the paper argues that India's forthcoming labour codes should combine EU-style aggregation principles with China's shift toward place-of-work enrolment, converting the e-Shram registry from a database into an enforceable portability instrument. The paper concludes with policy recommendations addressed to the Ministry of Labour and Employment, the Inter-State Council, and State Labour Departments.


Keywords: Social security coordination, Migrant workers, Labour law, Portability, EPFO, Regulation 883/2004, Hukou reform, Code on Social Security 2020



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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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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