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Migrant & Labour Rights 4 min read

Rights of Migrant Workers Working Outside Their Home State

Working in a different state doesn't mean fewer rights — the same core labour protections still apply to you.

Inter-state migrant workers are covered by dedicated protections — historically under the Inter-State Migrant Workmen Act, 1979, now folded into the consolidated labour codes (the Code on Wages, Occupational Safety Code, and Code on Social Security) — covering minimum wages, safe working/living conditions, and the right to travel allowance to and from your home state.

You're legally entitled to the same minimum wage as a local worker doing the same job, in the state where you're actually working — not a lower "migrant rate," and not less than what's fixed for that state or sector.

The e-Shram portal is a government registration system specifically for unorganised and migrant workers, meant to make you eligible for social security benefits and schemes tied to that registration — worth registering on if you haven't.

Code on Wages, 2019

Guarantees the same minimum wage regardless of your home state

Code on Social Security, 2020

Covers migrant-worker-specific welfare provisions

Quick Answers

Still wondering about...

Can an employer legally pay me less because I'm from another state?
No — minimum wage law applies based on where the work is performed and the nature of the job, not the worker's state of origin.

Adhikar is an independent citizen-awareness platform, not a Government of India website and doesn't take a position on the NEET protests themselves — this is general information about rights every student already has, not legal advice for a specific situation. For that, contact a lawyer or the free legal aid helpline (15100).