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THE NEW LABOR CODES

India’s four new Labour Codes—Code on Wages, Industrial Relations, Social Security, and OSH&WC—came into force on November 21, 2025, consolidating 29 existing laws into(Many of India’s labour laws were framed in the pre-Independence and early post-Independence era

1930s–1950s, at a time when the economy and world of work were fundamentally different) modern, simplified frameworks for wages, worker rights, social security (including gig/platform workers), and workplace safety, aiming for better welfare, compliance, and global alignment.

The Four Codes:

1. Code on Wages, 2019.

2. Industrial Relations Code, 2020.

3. Code on Social Security, 2020.

4. Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code).

Key Impacts:

1. Wages: Standardized minimum wages and payment rules, with fixed-term employees now eligible for gratuity after one year.

2. Social Security: Extended coverage to gig, platform, and contract workers.

3. Industrial Relations: Streamlined dispute resolution and employment terms.

4. Safety & Health: Improved standards with an inspector-cum-facilitator approach.

5. Compliance: Simplified processes with single registration and return systems.

Purpose: These reforms aim to modernize India’s labor laws, enhance worker welfare, simplify compliance for businesses, and align with international best practices for a more resilient, future-ready workforce for Aatmanirbhar Bharat.

KEY CHANGES AT A GLANCE

Aspect Pre-Labour Reforms (Before Labour Codes) Post-Labour Reforms (After Labour Codes)
Appointment Letters No mandatory appointment letters; many workers employed informally without written proof Mandatory appointment letters for all workers
Social Security Coverage Limited coverage; large informal sector excluded Universal social security under Code on Social Security, 2020 including gig & platform workers
Minimum Wages Applicable only to scheduled employments; many workers uncovered Statutory right to minimum wages for all workers under Code on Wages, 2019
Timely Payment of Wages No uniform mandatory compliance; delays common Mandatory timely payment of wages
Preventive Healthcare No legal obligation for employers to provide regular health check-ups Free annual health check-ups for workers above 40 years
Women Workforce Participation Restrictions on night shifts and certain occupations Women allowed night work and all occupations, subject to consent and safety measures
ESIC Coverage Limited to notified areas and industries; establishments with <10 workers mostly excluded Pan-India ESIC coverage; mandatory even with one worker in hazardous processes; voluntary for small units
Compliance Burden Multiple registrations, licenses, inspections, and returns Single PAN-India registration, single license, single return
Nature of Employment High informality; weak documentation Formalisation of workforce through codified rights
Governance Approach Fragmented laws and enforcement Simplified, harmonised labour law framework

Benefits of Labour Reforms Across Key Sectors:

1. Fixed-Term Employees (FTE):

    • FTEs to receive all benefits equal to permanent workers, including leave, medical, and social security.
    • Gratuity eligibility after just one year, instead of five.
    • Equal wages as permanent staff, increasing income and protection.
    • Promotes direct hiring and reduces excessive contractualisation.

2. Gig & Platform Workers:

    • ‘Gig work’, ‘Platform work’, and ‘Aggregators’ have been defined for the first time.
    • Aggregators must contribute 1–2% of the annual turnover, capped at 5% of the amount paid/payable to gig and platform workers.
    • Aadhaar-linked Universal Account Number will make welfare benefits easy to access, fully portable, and available across states, regardless of migration.

3. Contract Workers:

    • Fixed-term employees (FTE) will increase employability and ensure social security, legal protection like benefits equal to permanent employees.
    • Fixed-term employees will become eligible for gratuity after one year of continuous service.
    • Principal employer will provide health benefits and social security benefits to contract workers.
    • Workers to get free annual health check-up.

4. Women Workers:

    • Gender discrimination legally prohibited.
    • Equal pay for equal work ensured.
    • Women are permitted to work night shifts and in all types of work (including underground mining and heavy machinery), subject to their consent and mandatory safety measures.
    • Mandatory women’s representation in grievance redressal committees
    • Provision to add parents-in-law in Family Definition of Female employees, expanding dependent coverage and ensuring inclusivity.

5. Youth Workers:

    • Minimum wage is guaranteed for all workers.
    • All workers to get appointment letters, – promoting social security, employment history and formal employment.
    • Worker exploitation by employers is prohibited—payment of wages during leave has been made mandatory.
    • To ensure a decent standard of living, workers will receive wages as per the floor wage determined by the Central Government.

6. MSME Workers:

    • All MSME workers covered under the Social Security Code, 2020, eligibility based on employee count.
    • Minimum wage guaranteed for all workers.
    • Workers will have access to facilities such as canteens, drinking water, and rest areas.
    • Provisions for standard working hours, double overtime wages, and paid leave.
    • Timely wage payment ensured.

7. Beedi & Cigar Workers:

    • Minimum wages guaranteed for all.
    • Working hours capped at 8 -12 hours per day, 48 hours per week has been capped.
    • Overtime Work beyond prescribed hours, to be consent based and pay at least double the normal wage rate.
    • Timely payment of wages ensured.
    • Workers eligible for Bonus after completing 30 days of work in a year.

8. Plantation Workers:

    • Plantation workers are now brought under the OSHWC Code and the Social Security Code.
    • Labour Codes apply to plantations with more than 10 workers or 5 or more hectares.
    • Mandatory safety training on handling, storing, and using chemicals.
    • Protective equipment mandatory to prevent accidents and chemical exposure.
    • Workers and their families to get full ESI medical facilities; Education facilities for their children are also guaranteed.

9. Audio-Visual & Digital Media Workers:

    • Digital and audio-visual workers, including journalists in electronic media, dubbing artists, and stunt persons will now receive full benefits.
    • Mandatory appointment letter for all workers – clearly stating their designation, wages, and social security entitlements.
    • Timely payment of wages ensured.
    • Overtime Work beyond prescribed hours, to be consent based and pay at least double the normal wage rate.

10. Mine Workers:

    • The Social Security Code treats certain commuting accidents as employment-related, subject to conditions of time, and place of employment.
    • Central Government notified standards to standardize workplace occupational safety and health conditions.
    • Health safety for all workers will be ensured. Free annual health check-up will be provided.
    • Limit on working hours set to 8 to 12 hours per day, 48 hours per week to ensure health and work-life balance.

11. Hazardous Industry Workers:

    • All workers will receive free annual health check-ups.
    • Central Government will frame national standards for better safety of workers.
    • Women can work in all establishments, including underground mining, heavy machinery, and hazardous jobs, ensuring equal job opportunities for all.
    • Mandatory safety committee at each site for on-site safety monitoring, and safe handling of hazardous chemicals ensured.

12. Textile Workers:

    • All Migrant Workers (direct, contractor-based and self-migrated) to get Equal wages, welfare benefits and PDS portability benefits.
    • Workers can raise claims for upto 3 years for settlement of pending dues, facilitating flexible and easy resolution.
    • Provision for double wages for workers for overtime work.

13. IT & ITES Workers:

    • Release of Salary mandatory by the 7th of every month. Transparency and trust ensured.
    • Equal pay for equal work made mandatory, women’s participation is strengthened.
    • Facility for women to work night shifts in all establishments – women to get opportunity to earn higher wages.
    • Timely resolution of harassment, discrimination, and wage related disputes.
    • Guarantee of social security benefits through fixed-term employment and mandatory appointment letters.

14. Dock Workers:

    • All Dock workers to get formal recognition, Legal Protection.
    • Mandatory appointment letters to guarantee social security benefits.
    • Provident fund, pension, and insurance benefits ensured for all, whether contract or temporary dock workers.
    • Employer-funded annual health check-ups mandatory.
    • Dock workers to get mandatory medical facilities, first aid, sanitary and washing areas, etc., to ensure decent work conditions and safety.

15. Export Sector Workers:

    • Export sector fixed term workers to receive gratuity, provident fund (PF), and other social security benefits.
    • Every worker to have the option of availing annual leaves after 180 days of work in a year.
    • Every worker to get right to timely wage payment and no unauthorized wage deductions and no wage ceiling restrictions.
    • Women allowed to work in night shifts with consent, ensuring opportunity to earn higher income.
    • Safety and welfare measures include mandatory written consent, double wages for overtime, safe transportation, CCTV surveillance, and security arrangements.

Beyond the major welfare initiatives already highlighted, the Labour Codes introduce several further reforms that strengthen worker protection and simplify compliance for employers:

    • National Floor Wage to ensure no worker receives a wage below the minimum living standard.
    • Gender-neutral pay and job opportunities, explicitly prohibiting discrimination—including against transgender persons.
    • Inspector-cum-Facilitator system, shifting enforcement towards guidance, awareness and compliance support rather than punitive action.
    • Faster and predictable dispute resolution, with two-member Industrial Tribunals and the option to approach tribunals directly after conciliation.
    • Single registration, single licence and single return across safety and working-conditions requirements, replacing multiple overlapping filings.
    • National OSH Board to set harmonised safety and health standards across sectors.
    • Mandatory safety committees in establishments with 500+ workers, improving workplace accountability.
    • Higher factory applicability limits, easing regulatory burden for small units while retaining full safeguards for workers.

In line with the wide-ranging consultations carried out during the drafting of the Labour Codes, the Government will likewise engage the public and stakeholders in the framing of the corresponding rules, regulations, schemes, etc. under the Codes. During transition, the relevant provisions of the existing labour Acts and their respective rules, regulations, notifications, standards, schemes, etc. will continue to remain in force.

Weaknesses and criticisms

1. Dilution of Workers’ Bargaining Power: Higher thresholds for standing orders and layoffs (e.g., Industrial Relations Code) reduce protections for workers in medium-sized establishments. Easier retrenchment and closure powers for employers weaken collective bargaining. Risk of “hire and fire” flexibility without commensurate social security depth.

2. Ambiguity in Definitions & Excessive Delegation: Many critical aspects (minimum wage fixation, social security schemes, thresholds) are left to rules, schemes, and executive notifications. Terms like “gig worker benefits”“floor wage”, and “appropriate government” lack clarity.

3. Informal Sector Still Vulnerable: Though codes promise universal coverage, actual access depends on registration, portability, and fiscal capacity of States. Gig and platform workers are recognised, but benefits are not rights-based—they depend on future schemes.

4. Weak Trade Union & Right-to-Strike Provisions: Industrial Relations Code makes strikes harder by extending prior notice requirements even to non-essential sectors. Recognition of negotiating unions is threshold-based, disadvantaging fragmented labour- Article 19(1)(c) vs regulatory restrictions.

Dilution of Workers’ Bargaining Power IRC2020

1. Higher Thresholds for Standing Orders: Under the Industrial Relations Code, 2020, the applicability of standing orders—which define service conditions such as classification of workers, hours of work, termination procedures and grievance redressal—has been raised from 100 to 300 workers (Section 28).
As a result:

    • A large number of medium-sized establishments (100–299 workers) are now exempt from mandatory standing orders.
    • Workers in such units lose predictability and transparency in service conditions.
    • Management gains unilateral discretion over work rules, reducing workers’ institutional bargaining leverage.

Empirical relevance: Most manufacturing units in India fall in the 100–300 worker range, making this dilution widespread rather than marginal.

2. Easier Retrenchment, Layoff and Closure: The Code raises the threshold for prior government approval for retrenchment, layoff and closure from 100 to 300 workers (Section 77).
This enables employers in medium-sized firms to:

    • Retrench workers without prior state scrutiny.
    • Use termination as a credible threat, weakening unions’ ability to negotiate wages and conditions.

This shifts bargaining power structurally towards employers, especially where alternative employment is scarce.

3. Introduction of Fixed-Term Employment (FTE): The Code legitimises fixed-term employment across sectors, allowing employers to hire workers for limited durations with no obligation for permanency.
While FTE workers are entitled to statutory benefits, in practice:

    • Job insecurity discourages unionisation.
    • Workers hesitate to raise demands fearing non-renewal of contracts.

Thus, formal equality in law translates into informal precarity in practice.

4. Weakening of Collective Action: The Code introduces stricter conditions for strikes, including longer notice periods and extended prohibitions during conciliation and adjudication.
This:

    • Curtails workers’ most effective bargaining tool.
    • Tilts dispute resolution towards managerial discretion rather than negotiated settlements.

5. “Hire and Fire” without Social Security Depth: While the Code enhances employer flexibility, social security expansion under the Social Security Code remains partial:

    • Unemployment protection remains limited.
    • Gig and informal workers lack effective income replacement mechanisms.

This asymmetry creates flexibility without security, undermining workers’ negotiating capacity.

5. Compliance Simplification May Reduce Inspections: Shift to web-based inspections and self-certification may reduce deterrence. Inspector-cum-facilitator model risks regulatory capture in weak institutional contexts.

6. Occupational Safety Provisions: Uneven & Under-Enforced: OSH Code expands coverage but implementation depends on State capacity. Small establishments and informal worksites may escape effective safety oversight.

7. Gender Concerns: Safety vs Consent Paradox: Allowing women to work night shifts is progressive, but safety responsibilities are largely employer-defined. In practice, women workers may face implicit coercion to “consent”.

8. Federal & Implementation Challenges: Labour is a Concurrent List subject, but States vary widely in readiness to frame rules. Delayed rule-making has stalled full operationalisation of codes.

9. Limited Fiscal Commitment: Expanding social security without clear funding roadmap. Heavy reliance on employer/worker contributions. Risk of under-funded welfare architecture.

The core criticisms

Area Core Criticism
Industrial Relations Weakened job security, harder strikes
Social Security Non-justiciable benefits for gig workers
Wages Executive discretion
OSH Enforcement gap
Gender Safety concerns
Governance Excessive delegation
Federalism Uneven State readiness
Ethics Formal rights, weak real protection

Constitutional and ILO problems 

Framework Conflict
Article 14 Unequal protection for workers in similar establishments
Article 19(1)(c) Procedural restrictions weaken effective union activity
Article 21 Job insecurity undermines dignity of livelihood
ILO Convention 87 & 98 Dilution of freedom of association and collective bargaining

Way Forward:

1. Flexibility with Guaranteed Security (Flexi-Security Model): Link ease of retrenchment with automatic social security triggers. Make social security rights-based, not scheme-dependent.

2. Lower Thresholds or Graduated Protections: Introduce graded standing orders and adopt simplified standing orders for establishments with 100–299 workers, full standing orders beyond 300.

3. Strengthen Collective Bargaining Mechanisms: Mandate works committees / grievance redressal councils even in non-unionised workplaces.

4. Rebalance Right-to-Strike Provisions: Retain notice requirements but limit them to essential services. Protect strike as a last-resort bargaining tool, not an illusionary right.

5. Deepen Social Security for Retrenched Workers: Create a National Worker Transition Fund-funded jointly by Centre, States, and employers.

6. Institutionalise Social Dialogue: Revive tripartite mechanisms (government–employers–workers).

7. Constitutional Alignment: Explicitly align labour rules with Article 14, Article 19(1)(c), Article 21, DPSPs (Articles 39, 41, 42, 43) and ILO-Consistent Labour Conventions 87 & 98.

 

ILO: “Labour is not a commodity.”
B.R. Ambedkar: “Political democracy cannot last unless it lies at the base of social democracy.”

CONCLUSION

Over the past decade, India has expanded social-security coverage dramatically, rising from about 19% of the workforce in 2015 to more than 64% in 2025, ensuring that protection and dignity reach workers across the country, and also earning recognition in the global arena for this milestone achievement in social protection.

The implementation of the four Labour Codes marks the next major step in this trajectory, further widening the social-security net and embedding portability of benefits across states and sectors.

By reducing compliance burden and enabling flexible, modern work arrangements, the Codes boost employment, skilling and industry growth, reaffirming the Government’s commitment to a pro-worker, pro-women, pro-youth and pro-employment labour ecosystem.

29 Laws subsumed under the Four Labour Codes

I. Code on Wages, 2019

S. No. Earlier Labour Law Year
1 Payment of Wages Act 1936
2 Minimum Wages Act 1948
3 Payment of Bonus Act 1965
4 Equal Remuneration Act 1976

II. Industrial Relations Code, 2020

S. No. Earlier Labour Law Year
5 Trade Unions Act 1926
6 Industrial Employment (Standing Orders) Act 1946
7 Industrial Disputes Act 1947

III. Code on Social Security, 2020

S. No. Earlier Labour Law Year
8 Employees’ Compensation Act 1923
9 Employees’ State Insurance Act 1948
10 Employees’ Provident Funds & MP Act 1952
11 Employment Exchanges (Compulsory Notification of Vacancies) Act 1959
12 Maternity Benefit Act 1961
13 Payment of Gratuity Act 1972
14 Cine-Workers Welfare Fund Act 1981
15 Building & Other Construction Workers’ Welfare Cess Act 1996
16 Unorganised Workers’ Social Security Act 2008

IV. Occupational Safety, Health and Working Conditions Code, 2020

S. No. Earlier Labour Law Year
17 Factories Act 1948
18 Mines Act 1952
19 Dock Workers (Safety, Health & Welfare) Act 1986
20 Contract Labour (Regulation & Abolition) Act 1970
21 Inter-State Migrant Workmen Act 1979
22 Plantations Labour Act 1951
23 Working Journalists & Other Newspaper Employees Act 1955
24 Working Journalists (Fixation of Rates of Wages) Act 1958
25 Motor Transport Workers Act 1961
26 Beedi & Cigar Workers (Conditions of Employment) Act 1966
27 Sales Promotion Employees (Conditions of Service) Act 1976
28 Cine-Workers & Cinema Theatre Workers Act 1981
29 Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act 1996

Best State Practices on Labour Laws (India)

State Best Practices
Maharashtra Labour Welfare Fund Digitization –
Karnataka Social Security for Gig & Platform Workers –
Kerala Strong Trade Union Engagement & Tripartism
Tamil Nadu Comprehensive OSH Enforcement (Factories & Mines) –
Telangana Single Labour Portal with Compliance Calendar –
Rajasthan Welfare Boards for Construction & Unorganised Workers –
Haryana Night Work Safety Protocols (Women Workers)
Punjab Sectoral Minimum Wage Advisory Panels
Jharkhand Skill-Linked Social Protection for Mines & Minerals Workers
Andhra Pradesh Online Grievance Redressal Across Acts
Chhattisgarh Tripartite Wage Boards for Unorganised Workers

Constitutional Provisions Related to Labourers

Article Provision Relevance to Labour Laws & Reforms
Article 14 Equality before law and equal protection of laws Labour laws must apply uniformly and non-arbitrarily; threshold-based exclusions raise equality concerns
Article 19(1)(c) Right to form associations or unions Constitutional foundation of trade unions and collective bargaining
Article 21 Right to life and personal liberty Expanded to include right to livelihood, dignity, safe working conditions
Article 23 Prohibition of trafficking and forced labour Protects workers from bonded labour, coercive employment, exploitation
Article 39(a) Adequate means of livelihood for all citizens Supports employment generation and labour welfare
Article 39(d) Equal pay for equal work Basis for wage equality and gender-neutral pay
Article 39(e) Protection of workers’ health and strength Justifies OSH laws, safety standards, regulated working hours
Article 41 Right to work, education and public assistance Constitutional basis for social security, unemployment support
Article 42 Just and humane conditions of work and maternity relief Supports maternity benefits, humane working conditions
Article 43 Living wage and decent standard of life Goes beyond minimum wage → living wage concept
Article 43A Participation of workers in management Supports industrial democracy, works committees
Seventh Schedule – Concurrent List (Entry 22, 23, 24) Trade unions, industrial disputes, labour welfare Enables Centre–State shared responsibility for labour laws

Labour Codes: ILO Conventions

Issue Area Relevant ILO Convention Core Principle Criticism of Labour Codes in this Light
Freedom of Association ILO Convention No. 87 (1948) Workers’ right to form unions without interference Stricter strike notice requirements under Industrial Relations Code may dilute practical freedom of association
Collective Bargaining ILO Convention No. 98 (1949) Right to collective bargaining Higher thresholds for union recognition and standing orders weaken bargaining power
Forced Labour ILO Convention No. 29 & 105 Prohibition of forced labour Informal workers without effective enforcement may face coercive conditions despite legal reforms
Equal Remuneration ILO Convention No. 100 Equal pay for equal work Code on Wages is progressive, but weak enforcement risks persistence of wage discrimination
Discrimination (Employment) ILO Convention No. 111 Non-discrimination in employment Women night-work allowed, but safety & consent mechanisms are weak, risking indirect discrimination
Minimum Wages ILO Convention No. 131 Adequate minimum wages Floor wage left to executive discretion → uneven protection across States
Social Security ILO Convention No. 102 Social security as a right Gig/platform workers recognised but benefits remain scheme-based, not rights-based
Occupational Safety & Health ILO Convention No. 155 Safe and healthy working conditions OSH Code depends heavily on State capacity → enforcement deficit


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