India is the 4th largest economy in the
world with its 500 million people in the workforce. The contribution of Indian
workforce in the world has never been an enigma. This huge young workforce
needs a structure to function. The government has formulated four comprehensive
Labour codes to aid the functioning of our huge workforce. The new four Labour
codes are consolidation of twenty-nine Labour laws for a more streamlined
framework.
The new four comprehensive Labour codes are:
1.
The
Codes on Wages, 2019
2.
The
Industrial Relations Code, 2020
3.
The
Code on Social Security, 2020
4.
The
Occupational Safety, Health and Working Conditions Code, 2020
The main objective of consolidating and streamlining
the previous twenty-nine laws into four Labour Codes is to simplify the
compliances. It will not only help the employer but also the employee to follow
the framework. Apart from streamlining enforcement and the framework, the
consolidation of new Labour Codes also aims at modernizing the outdated laws.
The laws have been passed in the times with different needs and priorities,
whereas the new Labour Codes cater to the new generation and economy. The new
concept ‘Single Registration, Single License and Single Return’ has been
introduced by the Codes to rationalize the functioning of the workforce.
Code 1: The Code of Wages, 2019
This code consolidates The Payment of Wages Act, 1936; The Minimum Wages Act, 1948; The Payment
of Bonus Act, 1965; and The Equal Remuneration Act,
1976. It aims at simplifying and unifying the wage related
compliances for the workforce. This Code has brought the unorganized sectors in
the purview of the minimum wage. Previously it only covered approximately 30%
of the workers which came in the scheduled employments. It is aimed to bring
uniformity and adequacy nationwide by setting minimum floor wage based on the
minimum living standards.
The Code of Wages, 2019 apart from fixing the minimum
wage, also covers the overtime work done by the employees. The overtime
fixation is fixed at twice the usual rate for work done beyond the working
hours. The inspector under the previous codes has been changed into the
Inspector-cum-facilitator. This is done with the intention of spreading
guidance and awareness and give the inspector more of an advisory role.
Code 2: Industrial Relations Code, 2020
The Code consolidates Trade Unions Act, 1926, the
Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes
Act, 1947. This Code targets the industrial disputes, unions and
investigation. It fixes the term of employment and time bound contracts and
further helps the workforce to bring transparency and parity in wages.
Previously, the employees were eligible for gratuity after five years of employment.
Whereas, with this Code the employees get eligible for gratuity after one year
of employment.
The Industrial Relations Code, 2020 also covers the
retrenchment compensation and the threshold for layoffs. It mandates the
fifteen days’ worth of salary to be credited within forty-five days of
retrenchment. The Code has enhanced the upper threshold for layoffs to be 300
employees, which was 100 previously. The government might also enhance the
threshold further. The trade union comes under the purview of this Code. It
mandates 51% membership to form a negotiating union. Whereas, if this
percentage isn’t met with any of the council, the Code has the provision of
negotiating council with support of at least 20% of worker support. The Code
mandates 14 days prior notice to the employers before organizing a strike or
lockouts. It also allows the parties to approach the tribunals after failed
conciliation of ninety days.
The Code ensures that everyone at the workplace is
treated fairly. It promotes equal representation for workers and does not allow
any kind of discrimination, whether based on gender, caste, religion, or
anything else. As all the four Labour Codes are in tune with the new
generation’s demand and priorities, it allows work from home as well with the
consent of both employer and the employee.
Code 3: The Code on Social Security, 2020
This Code consolidates The Employee's Compensation
Act, 1923; The Employees' State Insurance Act, 1948; The Employees' Provident
Funds and Miscellaneous Provisions Act, 1952; The Employment Exchanges
(Compulsory Notification of Vacancies) Act, 1959; The Maternity Benefit Act,
1961; The Payment of Gratuity Act, 1972; The Cine-Workers Welfare Fund Act,
1981; The Building and Other Construction Workers' Welfare Cess Act, 1996 and;
The Unorganised Workers' Social Security Act, 2008. This Code provides
social security to all the workers including the gig workers, platform workers
and unorganized workers. It extends a safety net to all the workers and their
families to help them in their tough times.
The Code on Social Security, 2020 mandates the
application of Employee’s State Insurance Coverage (ESIC) pan India, except the
criteria of “notified areas.” Workplace with hazardous occupation has to
mandatorily apply the ESIC. The Code sets a limit within which a PF enquiry
could be initiated. The EPFO can begin an investigation only for issues that
happened within the last five years. They cannot open an inquiry for something
older than five years. The enquiry needs to be finished within 2 years
(extendable by 1 year).
The Code under its provision, allows the
self-assessment of cess liabilities. Earlier, the notified government
authorities used to conduct the assessment leading to a lot of paperwork and
delay.
In the spirit of extending the social security to all
the workers, the Code has a provision of Social Security Fund. This fund is a
dedicated fund formulated to help the gig and platform workers. It will ensure
the benefits like health cover, disability cover and old age benefits.
The new rules expand family coverage by including
maternal grandparents and, for female workers, dependent parents-in-law as
eligible dependents. Wages now have a uniform definition, including basic pay,
dearness allowance, and retaining allowance, ensuring consistent calculation of
PF, gratuity, and pension benefits.
Code 4: Occupational Safety, Health and Working
Conditions Code, 2020.
This Code consolidates The Factories Act, 1948; The
Plantations Labour Act, 1951; The Mines Act, 1952; The Working Journalists and
other Newspaper Employees (Conditions of Service and Miscellaneous Provisions)
Act, 1955; The Working Journalists (Fixation of Rates of Wages) Act, 1958; The
Motor Transport Workers Act, 1961; The Beedi and Cigar Workers (Conditions of
Employment) Act, 1966; The Contract Labour (Regulation and Abolition) Act,
1970; The Sales Promotion Employees (Conditions of Service) Act, 1976; The
Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979; The Cine-Workers and Cinema Theatre Workers (Regulation of
Employment) Act, 1981; The Dock Workers (Safety, Health and Welfare) Act, 1986
and; The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996.
The aim of this new Code is to ensure conservation of
workers’ rights, creating working conditions that are friendly for both workers
and the employers. According to this Code, an organization with more than 10
employees doesn’t need to register under various labour laws. It propagates the
‘Single Registration, Single License and Single Return’ by having the
organization register only once. This would create a simple and unified
database and will ease the compliance process. The Code ensures the safety of
the workers engaged in the hazardous occupation even if only one worker is
involved in the whole organization. The workers who have migrated from home to
work will receive annual travel allowance to return home once a year, Portability
of public distribution system benefits and social security across states and access
to a toll-free helpline.
Health check-ups, formal appointment letters, and
safety committees promote worker well-being and transparency. Working hours are
capped at eight per day and 48 per week, with overtime paid at double the rate.
This Code ensure welfare and timely wage payment, while offences are now mostly
punishable with fines instead of imprisonment, and a social security fund
supports unorganized workers. Inspectors act as facilitators to help businesses
comply with the law, and a national database tracks workers’ skills and
benefits, improving employment access and social security.
Limitations of the Labour reforms and conclusion
The new Labour Rules come with a lot of limitations
and scope of improvement. The increase in threshold of the layoffs pose a
challenge as it might give aid the trend of ‘hire and fire’. This rule mostly
benefits the employer rather than the employees.
The expanded definition of legal strikes which also
includes the 14 days prior days’ notice to the employer is likely to dilute the
right to strike. The 14 days rule in non-public utility service may shift the
power in the pockets of the employers and curtail the rights of the employees.
The increase of share of PF and gratuity contributions
from the income is likely to reduce the monthly in-hand income of the
employees.
The new Codes still focus on the statutory minimum
wage rather than the living wage. The Directive Principle of State Policy
(DPDP) enshrined in the Constitution of India contains Article 43 which talks
about the living wage, decent working conditions etc. The new Labour reforms
fail to set implement this provision, and stick with the minimum wage. This
limits the scope of new reforms in meeting the priorities and needs of the new
generation.
The new rules requiring contributions to PF, gratuity,
and social security funds could increase costs for small and medium
enterprises. These added financial obligations may create extra overheads,
making it more challenging for smaller businesses to manage expenses.
Since labour is listed under the Concurrent List
(Centre + States), many detailed rules need state-level notification. Not all
states may do so promptly, leading to inconsistent application, legal
uncertainty, or even non-implementation in some region.
The 2025 Labour Codes represent the most comprehensive
overhaul of India’s labour laws since independence. On paper, they modernize
regulation, widen social security, formalize employment, and promise worker
protection and welfare, while reducing legal fragmentation and simplifying
compliance. If implemented well, with strong enforcement, state-level
coordination, and institutional readiness, the reforms have potential to
improve work conditions, extend benefits to informal/gig workers, ensure timely
and fair wages, and make the labour market more inclusive and future-ready. However,
the risks are real: weakening of job security, dilution of collective
bargaining, potential exploitation through fixed-term or contract labour,
compliance burden on small firms, uncertain execution for vulnerable workers.
Without transparent, robust implementation and protection mechanisms, the
reforms may tilt balance in favour of employers over employees, especially the
most vulnerable. In effect, the 2025 Labour Codes are a test of governance,
institutional capacity and political will. They can deliver transformation, or
they may institutionalize precarious, flexible employment under the guise of
reform.