India’s labour law framework has undergone one of the most significant reforms in its post-independence history. The introduction of the New Labour Codes of India marks a transformative step toward simplifying, consolidating, and modernizing decades-old regulations. These reforms aim to improve ease of doing business while safeguarding workers’ rights in a rapidly evolving economy.
In this complete guide, we will break down what the new codes are, why they were introduced, what changes they bring, and how they impact employers and employees.
Background of Labour Law Reforms in India
Before the reforms, India had 29 central labour laws governing wages, industrial relations, social security, and workplace safety. Over time, these laws became complex, overlapping, and difficult to implement. Both employers and workers often struggled to understand compliance requirements.
Recognizing the need for simplification, the Government of India consolidated these 29 laws into four comprehensive labour codes between 2019 and 2020. The aim was to streamline compliance, encourage formal employment, and enhance transparency.
The New Labour Codes of India were passed by Parliament but are yet to be fully implemented across all states, as labour is a concurrent subject under the Constitution.
The Four Labour Codes Explained
The reform framework consists of four codes, each addressing a specific area of labour regulation.
1. Code on Wages, 2019
The Code on Wages consolidates four previous laws:
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The Minimum Wages Act, 1948
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The Payment of Wages Act, 1936
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The Payment of Bonus Act, 1965
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The Equal Remuneration Act, 1976
Key Features
Universal Minimum Wage
The central government is empowered to set a national floor wage. States cannot fix minimum wages below this threshold.
Timely Payment of Wages
The law mandates timely wage payments for all employees, regardless of wage ceiling.
Gender Equality
Equal remuneration for men and women performing similar work is reinforced.
The Code on Wages is the first among the New Labour Codes of India to be notified, though implementation is pending in many states.
2. Industrial Relations Code, 2020
This code merges:
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The Trade Unions Act, 1926
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The Industrial Employment (Standing Orders) Act, 1946
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The Industrial Disputes Act, 1947
Key Provisions
Recognition of Trade Unions
A trade union must have at least 51% membership to be recognized as the sole negotiating union.
Standing Orders Threshold
Companies with 300 or more workers must prepare standing orders (earlier threshold was 100 workers).
Strikes and Lockouts
Workers must provide 14 days’ notice before going on strike in all establishments.
This part of the New Labour Codes of India seeks to balance industrial harmony with business flexibility.
3. Code on Social Security, 2020
This code consolidates nine laws, including:
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Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
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Employees’ State Insurance Act, 1948
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Maternity Benefit Act, 1961
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Payment of Gratuity Act, 1972
Major Highlights
Coverage for Gig and Platform Workers
For the first time, gig and platform workers are recognized under social security law. Companies like Uber and Zomato may be required to contribute toward social security funds.
Universal Social Security
The code aims to extend benefits such as EPF, ESI, and maternity benefits to a broader workforce.
Fixed-Term Employment
Gratuity benefits are extended to fixed-term employees without requiring five years of continuous service.
The social security reforms are among the most progressive aspects of the New Labour Codes of India, especially in addressing the gig economy.
4. Occupational Safety, Health and Working Conditions Code, 2020
This code merges 13 laws relating to workplace safety and working conditions.
Core Provisions
Health and Safety Standards
Employers must maintain safe working conditions, annual health check-ups, and adequate welfare facilities.
Working Hours
The code allows flexibility in working hours, subject to a maximum of 48 hours per week.
Migrant Workers
Provisions are included for interstate migrant workers, including portability of benefits and journey allowances.
This code simplifies compliance requirements while strengthening workplace protections under the New Labour Codes of India framework.
Key Objectives of the New Labour Codes of India
Simplification of Laws
By merging 29 laws into four codes, compliance becomes easier and more transparent.
Ease of Doing Business
Single registration, common returns, and digitized inspections reduce administrative burden on businesses.
Formalization of Workforce
The reforms aim to encourage informal enterprises to enter the formal sector.
Worker Protection
Universal minimum wage, social security for gig workers, and health standards ensure improved worker welfare.
Impact on Employers
Increased Compliance Clarity
Employers benefit from simplified definitions of wages and standardized compliance processes.
Flexibility in Hiring
Higher thresholds for layoffs and retrenchments (up to 300 workers) provide flexibility to medium-sized businesses.
Digital Inspections
The introduction of web-based inspections reduces arbitrary enforcement.
However, employers may face increased costs due to expanded social security contributions and stricter wage definitions.
Impact on Employees
Better Wage Security
With a national floor wage and stricter enforcement, workers may see improved income protection.
Expanded Social Security
Gig workers, fixed-term employees, and unorganized sector workers stand to gain significantly.
Structured Industrial Relations
Clear strike rules and recognition of unions may promote industrial stability.
While some labor unions have expressed concerns about increased employer flexibility, the government argues that the New Labour Codes of India strike a fair balance between growth and protection.
Challenges in Implementation
State-Level Rules
Since labour falls under the Concurrent List, states must frame their own rules before full implementation.
Industry Preparedness
Many businesses need to update HR policies, payroll systems, and contracts.
Awareness Among Workers
Large sections of the workforce remain unaware of the changes and their rights.
The real impact of the New Labour Codes of India will depend heavily on effective implementation and awareness campaigns.
Criticisms and Concerns
Some trade unions argue that raising the threshold for layoffs may weaken job security. Others believe stricter strike provisions may limit collective bargaining rights.
On the other hand, industry bodies have welcomed the reforms as long overdue and essential for attracting investment and boosting employment.
Balancing economic growth with worker welfare remains a complex task, and these reforms attempt to address both sides.
Final Thoughts
The New Labour Codes of India represent a historic shift in India’s labour law landscape. By consolidating 29 laws into four comprehensive codes, the government has attempted to modernize outdated regulations and align them with the realities of a 21st-century economy.
If implemented effectively, the reforms could simplify compliance, expand social security coverage, formalize employment, and create a more transparent regulatory environment. However, their success will depend on coordinated action between the central and state governments, employer readiness, and worker awareness.
Ultimately, the New Labour Codes of India have the potential to reshape industrial relations and workforce protection in India for decades to come.
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