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indian polity

Introduction

Between 2019 and 2020, the Indian Parliament enacted four comprehensive labour codes to subsume 29 legacy labour statutes—aiming to simplify compliance, promote formalisation, extend social security, and foster flexibility for businesses. Despite legislative progress, implementation has lagged due to delay in rule notification by states, opposition from trade unions, and concerns over diluted worker protections.


Implementation Status & Systemic Gaps

➤ Rule Notification Delays

Labour is a concurrent subject, requiring both Central and state governments to finalize draft rules. As of mid‑2025, 30+ states/UTs have pre-published draft rules for most Codes; Gujarat is the only state fully notifying OSH rules. A few states—such as West Bengal, Tamil Nadu, Delhi, Meghalaya, NCT‑Delhi, Lakshadweep—have yet to publish rules for multiple codes.([turn0search7]turn0search2]turn0search8])

➤ Phased Rollout Timeline

Though Codes were enacted (e.g., Code on Wages effective December 2020, Social Security sections of pensions effective May 2023), they are not fully in force nationwide until rules are jointly notified. A phased implementation is expected to begin with large enterprises (FY26), medium-sized firms (FY27), and small businesses by FY28.([turn0search10]turn0search8])


Stakeholder Impacts: Workers, Employers & Unions

➤ Worker Rights & Precarity

Trade unions (INTUC, CITU, AITUC, HMS) strongly oppose the Codes, arguing:

  • Restrictions on collective bargaining and strike rights (IR Code requires 14 days’ notice and raises retrenchment thresholds).

  • Endorsement of fixed-term contracts, heightened worker precarity, and weakened job security.

  • Unclear social security provisions: although gig/platform workers are included, benefits are not yet enforceable due to the lack of notified schemes.([turn0search5]turn0search2])

Workers in Ludhiana and Punjab recently protested, demanding rollback of Codes that they say allow 12‑hour shifts without wage hikes, increased contractualisation, and erosion of minimum welfare standards.([turn0news12]turn0news14])

➤ Business Simplification with Fragmentation

Businesses welcome compliance simplification—single registration, common license, unified returns, and self-certification. Larger enterprises (>300 employees) gain flexibility around hiring and retrenchment.([turn0search3]turn0search2]turn0search9])

Yet multi-state compliance challenges persist: firms face varying rules across jurisdictions, multiple authorities (often >19 inspection agencies), and inconsistent enforcement.([turn0news15])


Deep Dive: Rights vs Flexibility Tension

➤ Industrial Relations Code

The Code increases thresholds for layoffs/ closures from 100 to 300 workers without approval—perceived by unions as weakening job protections. The definition of "strike" includes mass casual leave, making collective action harder.([turn0search20])

➤ Occupational Safety Code

While it consolidates safety laws, inconsistent definitions and exemptions (e.g., sales promotion employee leave) persist, and state-level absence of notified rules undermines enforcement.([turn0search18]turn0search11])

➤ Social Security Code

Though gig and platform workers are formally defined, actual scheme provisions—such as portable benefits and ESI/ PF inclusion—have not yet been rolled out. The codes lack a unified registration mechanism.([turn0search6]turn0search21])

➤ Code on Wages

Universal minimum wage and bonus provisions exist, but transitional justice gaps remain. Equal remuneration protections for women were repealed and not sufficiently reinstated, raising concerns about gender bias.([turn0search22]turn0reddit19])


Strengths and Forward Opportunities

✅ Broad Reform Ambition

The Codes aim to formalise 90% of the workforce in the unorganised sector, extend social security to gig-workers, simplify compliance, and streamline liability across businesses.([turn0search3]turn0search9])

✅ Simplified Compliance Framework

Through digital tools like Shram Suvidha, firms can register, file returns, view notices, and access a unified Labour Identification Number (LIN). Plans exist for inspector-to-facilitator shifts and single‑window licensing.([turn0search24]turn0search7])

✅ Phased Adaptability

The timetable allows large employers to comply first, giving SMEs and smaller establishments up to two years to adjust systems.([turn0search10]turn0search8])


Challenges & Implementation Goldmines

  1. Delayed Uniform Rule Framing
    Unless lagging states (e.g. Bengal, Tamil Nadu, Delhi) finalize draft rules soon, entire implementation will stall, undermining reform intent.([turn0search2]turn0search5]turn0reddit23])

  2. Weak Social Dialogue
    Workers allege Codes were adopted without adequate consultation. Rebuilding trust via tripartite engagement is essential.([turn0search5]turn0news17])

  3. Information Awareness Gaps
    Workers and employers often lack clarity on new social security entitlements, compliance requirements, and rights—especially in the informal sector.([turn0search6]turn0search9])

  4. Enforcement Infrastructure Deficit
    Labour inspectorates remain under‑staffed, grievance systems underdeveloped, and inspection regimes inconsistent—particularly in small enterprises.([turn0search2]turn0search6])

  5. Gender and Equality Oversights
    Removal of equal remuneration provisions, lack of gender-specific definitions in wage forms, and unequal access for women, trans, and intersex workers remain shortcomings.([turn0reddit19]turn0search22])


Recommendations for Effective Implementation

Area Recommendation
Rule Finalization Ensure all states publish and align draft rules by March 2025; central government to issue unified notification timeline.
Stakeholder Dialogues Re-engage trade unions, gig-worker associations, and civil society in rule finalization and implementation planning.
Worker Awareness Launch outreach programs to educate informal and gig workers about new entitlements (via e‑Shram, awareness drives).
Inspector & Infrastructure Strengthening Hire and train inspectors; build digital grievance platforms; transition to facilitator model under Shram Suvidha.
Gender-sensitive Provisions Reinstate equal remuneration norms; revise wage forms to capture gender identity; address sector-specific bias.
Uniform Compliance Architecture States to adopt unified forms and licenses; central monitoring of multi-state firms to reduce regulatory uncertainty.
Time-bound Compliance Phases Implement phased adoption starting with large firms, with support for SMEs and local units.
Monitor Worker Outcomes Use PLFS and sector surveys to track job quality, formalisation, and wage trends post-implementation.

 


Conclusion

India’s labour reform via four unified Labour Codes marks a bold move toward modernising decades-old regulations. While the consolidation offers promise—streamlined compliance, expanded social security, formalisation of gig work, and adaptability—the delay in state rule-making and resistance from unions highlight a governance gap.

Timely notification of rules, strengthened enforcement infrastructure, re-engaged stakeholder participation, and sustained focus on worker rights—especially for women, gig-workers, and informal labour—are key to translating reform into reality. If executed with care, the Codes can accelerate formal job growth, boost per-capita income, and support equitable economic expansion.