Inter-State Migrant Worker Compliance Under the OSH Code: Employer Record Pack
By Ravi Sisodia · Reviewed by CA Divyanshu Sengar · Updated 5 October 2026
The OSH Code broadens the migrant-worker framework; employers should identify eligible workers from actual home-state and work-state facts and maintain journey, benefit and employment evidence that survives contractor changes.
Finin2min 2-Minute Summary
- Inter-State migrant compliance is no longer only about workers recruited by a contractor under the old Act.
- Directly engaged and qualifying self-migrated workers can fall within the Code's migrant-worker framework, subject to the statutory definition and current Rules.
- Employer records should capture permanent/home address, work location, engagement route, wage data and applicable journey/benefit evidence.
- Contractor migration data must reconcile to the principal employer's site population.
- Portability and worker communication are practical controls: a worker should know where wages, social security and grievance records are maintained.
Identify the worker using facts, not contractor labels
Build a migrant-worker field in the labour master using home state, current work state, engagement route and wage/coverage facts required by the current Code. A worker does not cease to be relevant merely because a contractor calls the person 'local' on an invoice.
Revalidate status when a worker transfers sites or changes contractor but remains at the same establishment.
Journey and welfare evidence belongs in the worker file
Where journey allowance or other migrant-specific benefit becomes due under the Code/Rules, keep the calculation, ticket/payment proof and date. Do not bury such amounts inside an unexplained contractor lump sum.
Provide basic employment/contact information in a form the worker can use: employer/principal employer, contractor, wage period, worksite, grievance contact and statutory registration details.
Cross-border within India creates multi-state administration
Payroll, contractor and HR records can sit in different states. Use one central worker identifier and preserve the state rule matrix for the worksite. If the worker moves, record the old and new establishment instead of overwriting history.
Site audits should sample migrant workers directly against the register to detect ghost workers or missing benefits.
Common migrant-worker issue: the worker is known, the movement is not
An employer can have accurate identity and wage records but still fail to track when a migrant worker moved from one state establishment to another. This matters for worksite rules, journey entitlements, contractor responsibility and inspection records. Add effective-dated worksite history rather than keeping only the worker's current location.
For contractor-supplied workers, ask the contractor to submit a change report when a worker's home address, state of origin or worksite changes. The principal employer should compare that report with gate and attendance data so dormant profiles do not continue indefinitely.
Worker communications should be understandable to the affected population. Where appropriate, provide key wage, grievance, travel and safety information in a language the worker can reasonably understand rather than relying exclusively on an English policy.
- Retain effective-dated worksite history.
- Reconcile contractor movement reports to site access.
- Record journey-benefit payment separately from wages.
- Preserve grievance contacts in worker-facing communications.
Record pack
- Home/permanent address and work state.
- Engagement route and contractor details.
- Appointment/ID and wage records.
- Attendance and bank-payment proof.
- Applicable journey/benefit evidence.
- Social-security registration and portability data.
- Site transfer and exit history.
Questions readers commonly ask
Are only contractor-recruited migrants covered?
No. The OSH Code broadened the concept; apply the current statutory definition to the facts.
Should employers keep home-state data?
Yes where needed for lawful migrant-worker compliance, with appropriate access controls.
Can records be overwritten when a worker changes site?
No. Preserve history so benefits and liabilities remain traceable.
What should be sampled in an audit?
Worker identity, home/work state, attendance, wages and any migrant-specific benefit evidence.
Official / primary sources
- OSH Code, 2020 - Inter-State migrant worker framework
- Labour Ministry Compliance Handbook - Employer implementation guidance
- Ministry Labour Codes hub - Current official implementation
Disclaimer
Important: General educational and professional-reference material. Apply the current Code, Rules, insurance contract/regulatory instrument or DPDP commencement status to the exact facts before acting. Educational and professional reference only; confirm the current law, rates and the facts of your case before relying on this page.