Understanding the new labour law reforms in India

labour-laws-reform-in-india

Table of contents

  1. Unification of labour laws

  2. Code on Wages, 2019

  3. Code on Social Security, 2020

  4. Code on Industrial Relations, 2020

  5. Occupational Safety and Healthy Working Conditions Code, 2020

  6. List of acts that are getting replaced

Unification of labour laws

Labour laws are an integral tool that guarantees the social welfare of workers and provides guidelines for employers to follow. Historically, the Government of India and the Ministry of Labour and Employment have implemented multiple such laws to ensure the safety of workers and to protect their rights. A healthy workplace naturally improves its organisation's productivity, which has positive implications for economic growth.

labour-laws-reform-in-india

While these laws offer much-needed benefits, the sheer volume of laws has led to compliance complexity. The complexity is magnified because of the vast number of states in India, and the fact that both the central and state governing bodies had the right to create these regulations.

As a result, there are over 100 state laws and 40 central laws regulating different aspects of labour like industrial disputes, working conditions, social security, and wages. By simplifying this system to four new labour codes bringing together different aspects of labour, the ministry aims to make compliance easier and ensure uniformity in labour laws.

These codes take a framework-based approach to encompass the vastly different scenarios in the workplace, and they are expected to be implemented at one go by financial year 2022 to 2023. In this guide, we will see an overview of the four newly proposed codes, and also review all the regulations that are getting replaced.

Code on Wages, 2019

The labour code on wages, notified in 2019, universalizes minimum wages to all employees in both organised and unorganised sectors. This new code also amalgamates the definition of wages across all the legislation. According to the new code, wages are now classified into three categories. Inclusions, exclusions, and conditions governing the exclusions. Read our in depth blog about the code on Wages.

Code on Social Security, 2020

The social security code aims to improve the benefits offered to employees, such as provident fund, gratuity, or insurance. It also extends the reach of social security schemes to all sectors of workers, including gig workers and platform workers. Read our blog to understand the code on Social Security.

Code on Industrial Relations, 2020

The Industrial Relations Code, 2020, streamlines the laws related to trade unions, employment conditions for industries, and a comprehensive handling of industrial disputes. The revisited rules also place a higher emphasis on building a strong employer-employee relationship, creating better working conditions, collective bargaining, and re-skilling of employees. Read our in-depth guide to understand more about the code.

Occupational Safety, Health and Working Conditions Code, 2020

The primary goal of the code on occupational health and safety of workers is to ensure that employees across all sectors are treated equally and have safe working conditions. It allows employers to stay compliant with fewer registration formalities and promotes ease of doing businesses in India. The OHSW code will be applicable to every organisation that employs more than 10 employees. Read in detail about the code here.

Here's a compilation of the new labour codes that are replacing the existing rules

New labour code

Acts that are being replaced

Code on Wages, 2019

Payment of Wages Act, 1936

Minimum Wages Act, 1948

Payment of Bonus Act, 1965

Equal Remuneration Act, 1976

Occupational Safety, Health and Working Conditions Code, 2020

The Mines Act, 1952

The Factories Act, 1948

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

The Dock Workers (Safety, Health and Welfare) Act, 1986

The Cine Workers and Cinema Theatre Workers Act, 1981

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

Sales Promotion Employees (Condition of Service) Act, 1976

The Motor Transport Workers Act, 1961

The Working Journalist (Fixation of Rates of Wages) Act, 1958

The Working Journalists and Other News Paper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

The Contract Labour (Regulation and Abolition) Act, 1970

The Plantations Labour Act, 1951

Industrial Relations Code, 2019

Trade Unions Act, 1926

Industrial Employment (Standing Orders) Act, 1946

Industrial Disputes Act, 1947

Code on Social Security, 2020

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

Employees' State Insurance Act, 1948

Employees' Compensation Act, 1923

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

Maternity Benefit Act, 1961

Payment of Gratuity Act, 1972

Cine Workers' Welfare Fund Act, 1981

Building and Other Construction Workers' Welfare Cess Act, 1996

Unorganised Workers Social Security Act, 2008

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