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India’s Labour Reforms

India’s Labour Reforms

1.Introduction: India’s Labour Reform Agenda

  • India has consolidated 29 labour laws into 4 Labour Codes.

  • The aim: simplify compliance, ensure worker welfare, and build a future-ready labour ecosystem.

  • Labour reforms are central to Aatmanirbhar Bharat, economic growth, and social protection.


2. India’s Labour Market: Key Facts

  • Employment increased:

    • 47.5 crore (2017–18)64.33 crore (2023–24)

    • Net addition: 16.83 crore jobs.

  • Unemployment rate reduced:

    • 6.0% → 3.2% in same period.

  • Women entering formal workforce: + 1.56 crore.

  • Poverty decline parallels labour market improvements.

  • India’s social protection system is now one of the largest globally.


3. Rationale Behind Codification of Labour Laws

Why merge 29 laws into 4?

(A) Simplify Compliance

  • Earlier: multiple laws → duplication, confusion.

  • Now: single registration, single license, single return.

(B) Streamlined Enforcement

  • Too many authorities earlier → delays, inconsistency.

(C) Modernizing Outdated Laws

  • Many labour laws were pre-Independence; not suitable for digital economy or platform work.

(D) Reduce Compliance Burden

  • Supports ease of doing business → boosts investment & employment.

(E) Based on Recommendations

  • Follows Second National Commission on Labour (2002):
    Suggested grouping laws into 4–5 labour codes.


4. Overview of the Four Labour Codes

  1. Code on Wages, 2019

  2. Industrial Relations Code, 2020

  3. Code on Social Security, 2020

  4. Occupational Safety, Health & Working Conditions (OSHWC) Code, 2020


5. Code 1: Code on Wages, 2019

Covers 4 earlier laws
(1) Payment of Wages Act
(2) Minimum Wages Act
(3) Payment of Bonus Act
(4) Equal Remuneration Act

Major Highlights

1. Universal Minimum Wage

  • Minimum wages apply to all employees (earlier only scheduled employments).

2. Floor Wage

  • Central Government will set floor wage based on minimum living standard.

  • States cannot set wages below it.

3. Wage Fixation Criteria

  • Skill level (unskilled → highly skilled)

  • Geographical region

  • Working conditions (hazard, heat, humidity)

4. Gender Equality

  • No discrimination in hiring or wages based on gender, including transgender persons.

5. Timely Payment for All

  • Earlier wage protection applied only up to ₹24,000.

  • Now applies to all workers.

6. Overtime

  • Overtime = 2 times normal wage.

7. Inspector-cum-Facilitator

  • Role shifts from policing → guidance + compliance.

8. Compounding & Decriminalisation

  • First-time offences → monetary fines.

  • Reduces harassment, promotes compliance.


6. Code 2: Industrial Relations Code, 2020

Combines:

  • Trade Unions Act (1926)

  • Standing Orders Act (1946)

  • Industrial Disputes Act (1947)

Major Highlights

1. Fixed Term Employment (FTE)

  • Direct, short-term hiring.

  • Same wages/benefits as permanent workers.

  • Gratuity after 1 year.

2. Re-skilling Fund

  • Establishments must deposit 15 days’ wages per retrenched worker for retraining.

3. Recognising Trade Unions

  • Union with 51% membership → negotiating union.

  • Or negotiating council.

4. Expanded Definitions

  • Workers include journalists, sales staff, supervisory employees earning up to ₹18,000.

5. Lay-Off / Closure Threshold Revised

  • Approval required only for units with 300 workers (earlier 100).

  • States can raise the limit → flexibility for industry.

6. Provisions for Women

  • Women must be represented in grievance committees.

7. Strikes/Lockouts: Mandatory Notice

  • 14-day notice required.

  • Prevents sudden/flash strikes.

8. Digital Processes

  • E-records, online communication → transparency.

9. Work-from-Home

  • Recognised for service sector.


7. Code 3: Code on Social Security, 2020

Consolidates 9 laws, including EPF, ESI, Maternity Benefit, Unorganised Workers Act, etc.

Major Highlights

1. Universal ESIC Coverage

  • No “notified area” restriction.

  • Mandatory for hazardous work.

2. EPF Reforms

  • Inquiry limit: 5 years.

  • Appeals deposit reduced to 25%.

3. Gig & Platform Workers Included

  • Aggregators must contribute 1–2% of turnover (capped at 5% of payouts).

4. Social Security Fund

  • For unorganised, gig, and platform workers.

  • Financed through aggregator contributions and penalties.

5. Uniform Definition of Wages (Very Important for UPSC)

  • Wages = Basic + DA + Retaining allowance.

  • At least 50% of remuneration must be counted as wages.

6. Commuting Accidents Included

  • Travel between home and workplace considered employment injury.

7. Gratuity for FTE

  • Eligibility after 1 year.

8. Inspector-cum-Facilitator & Digital Compliance

  • Portal-based inspections; algorithm-driven.


8. Code 4: Occupational Safety, Health & Working Conditions (OSHWC) Code, 2020

Merges 13 laws including Factories Act, Mines Act, BOCW Act, Contract Labour Act, etc.

Major Highlights

1. Single Registration & Licensing

  • 1 registration instead of 6.

  • For establishments with 10+ workers.

2. Hazardous Work Coverage

  • Can apply to even 1-worker establishments.

3. Migrant Worker Reforms

  • Definition expanded to include self-migrating workers.

  • Benefits:

    • Annual travel allowance

    • Portability of PDS

    • Toll-free helpline

4. Women’s Employment

  • Women can work in all sectors, including night shifts, with safety measures.

5. Health & Safety

  • Annual health check-ups.

  • Safety committees for units with 500+ workers.

6. Contract Labour Reforms

  • Applicability raised from 20 → 50 workers.

  • Single national license valid for 5 years.

  • Welfare facilities compulsory.

7. Working Hours

  • 8 hours/day, 48 hours/week.

  • Overtime = 2x wages.

8. Appointment Letters Mandatory

  • Promotes formalisation.

9. National Database for Unorganised Workers (NDUW)

  • For mapping skills & ensuring portability of benefits.

10. Decriminalisation

  • Offences punishable by fines can be compounded.


9. Transformative Impact of the Labour Codes

(A) Modernised Labour Governance

  • Laws aligned with digital economy, gig work, and current industrial patterns.

(B) Strengthened Worker Protection

  • Universal wage protection

  • Social security expansion

  • Workplace safety

  • Formalisation of jobs

(C) Enhanced Ease of Doing Business

  • Reduced compliance

  • Digital records & inspections

  • Flexibility in hiring & retrenchment

  • Single licences

(D) Boost to Employment & Investment

  • Investor confidence rises due to clarity & uniformity.

  • MSMEs find compliance easier.

(E) Technology-Driven Transparency

  • Digital inspection

  • Online registrations

  • Uniform definition of wages

(F) Harmonised Labour Framework

  • Replaces multiple overlapping laws with 4 unified Codes.


10. Conclusion (UPSC Mains Ready)

India’s Labour Codes mark a major structural reform, balancing worker welfare with industrial growth.
They simplify compliance, modernize labour laws, ensure wage and social security, and make working conditions safer.
Together, these reforms build a transparent, fair, and future-ready labour ecosystem, supporting India’s journey towards Aatmanirbhar Bharat, higher employment, and sustainable economic growth.


 

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