In recent years, India has undergone significant changes in its labor laws to create a more streamlined and efficient system that benefits both employers and employees. The new labor codes aim to consolidate and simplify existing labor laws, which have long been due for reform. These changes are particularly significant in a country with one of the largest workforces in the world, as they strive to balance economic growth with social justice.

With the introduction of the new labor codes, business owners and employees alike need to understand the key provisions and implications of these reforms. This guide provides an overview of the four major labor codes, their key features, and how they will affect both employers and employees.

What Are the New Labor Codes in India?

The new labor codes seek to consolidate 29 existing labor laws into four simplified codes:

1. The Code on Wages, 2019 (Wage Code)
2. The Industrial Relations Code, 2020 (IR Code)
3. The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code)
4. The Code on Social Security, 2020 (SS Code)

These new codes aim to improve compliance, provide better protection for employees, and simplify regulations for employers. They are expected to make it easier for businesses to operate while also ensuring that workers' rights are safeguarded.

1. The Code on Wages, 2019

The Wage Code aims to standardize wages and provide equal remuneration for all employees, regardless of gender or background. It consolidates four existing laws on minimum wages, equal remuneration, payment of wages, and bonuses. The primary goal is to ensure fair compensation for employees while establishing a minimum wage that is consistent across different sectors.

Key Provisions of the Wage Code:

• Uniform Definition of Wages: The code introduces a uniform definition of ‘wages,’ which includes basic pay, dearness allowance, and retaining allowance, if applicable. This definition impacts the calculation of bonuses, provident fund contributions, and other benefits.
• Minimum Floor Wage: A minimum floor wage will be set at the central level, serving as a benchmark for states to fix their own minimum wages. This is expected to result in better wage protection, particularly in states with lower minimum wages.
• Prohibition of Gender-Based Discrimination: The Wage Code ensures equal remuneration for equal work, prohibiting discrimination on the grounds of gender, race, or age.

Impact on Employers and Employees: For employees, the Wage Code promises fairer pay and improved benefits, such as higher contributions to social security. Employers, on the other hand, might face an increase in operational costs due to the higher wage obligations and enhanced reporting requirements.

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2. The Industrial Relations Code, 2020

The Industrial Relations Code consolidates existing laws on trade unions, industrial disputes, and employment conditions. It aims to promote harmonious relations between employers and employees while granting workers the right to bargain collectively and strike under specified conditions.

Key Provisions of the Industrial Relations Code:

• Ease of Hiring and Termination: Employers are now allowed greater flexibility in hiring fixed-term employees for specific projects. The code also raises the threshold for retrenchment and closure from 100 to 300 employees, giving companies more leeway in restructuring their workforce.
• Recognition of Trade Unions: The code introduces provisions for the recognition of trade unions and collective bargaining councils, empowering employees to negotiate better working conditions.
• Stricter Strike Regulations: Workers must give notice 14 days before going on strike, ensuring that industrial action is used as a last resort.

Impact on Employers and Employees: While employers will benefit from increased flexibility in managing their workforce, employees gain a stronger voice through recognized trade unions and bargaining councils. However, the stricter strike regulations may be seen as limiting workers' rights to protest.

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3. The Occupational Safety, Health, and Working Conditions Code, 2020

The OSH Code consolidates various laws related to occupational safety, health, and working conditions to create a comprehensive framework for worker welfare. It focuses on improving workplace safety standards and ensuring that employers provide a safe and healthy working environment.

Key Provisions of the OSH Code:

• Comprehensive Safety Standards: The OSH Code requires establishments to meet specific safety and health standards. Employers must conduct annual health check-ups and ensure the availability of safety equipment and training.
• Welfare Provisions for Migrant Workers: The code includes provisions for the registration and welfare of interstate migrant workers, ensuring that they receive proper benefits and protections.
• Restrictions on Contract Labor: The OSH Code limits the engagement of contract labor in core activities to prevent the misuse of temporary workers.

Impact on Employers and Employees: For employers, the OSH Code introduces stricter compliance requirements, which may increase costs but ultimately create safer working conditions. Employees benefit from better health and safety standards, leading to reduced risk of workplace accidents.

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4. The Code on Social Security, 2020

The SS Code aims to provide a comprehensive social security net for all workers, including gig and platform workers. It extends social security coverage to previously uncovered sectors and introduces a national social security board to oversee the implementation of various schemes.

Key Provisions of the SS Code:

• Social Security Fund for Gig Workers: The code requires digital platforms to contribute a percentage of their turnover to a social security fund for gig and platform workers.
• Expanded Social Security Coverage: The code extends Employee State Insurance (ESI) benefits to industries involved in hazardous processes, regardless of the number of employees.
• Proportionate Gratuity for Fixed-Term Employees: Employers must provide gratuity on a pro-rata basis to employees on fixed-term contracts, ensuring they receive fair compensation.

Impact on Employers and Employees: The SS Code provides greater social security benefits to workers, particularly those in informal sectors. Employers will need to allocate additional resources to meet these requirements, but the improved social security coverage can lead to a more motivated and secure workforce.

Conclusion

The new labor codes in India are designed to balance employee welfare with the ease of doing business. While employers will have to navigate increased compliance requirements and potentially higher costs, employees stand to benefit from improved wages, better working conditions, and enhanced social security coverage. The ultimate impact of these codes will depend on their implementation and how effectively both employers and employees adapt to the new regime.

For organizations looking to expand in India, understanding and complying with these new labor codes is crucial. Partnering with an Employer of Record (EOR) like Gloroots can help businesses navigate these complexities, ensuring compliance and smooth operations.

Ready to expand your global workforce? Contact Gloroots today to learn how we can simplify the process and help you stay compliant with local labor laws.