Labour reforms: Government fully operationalises four new codes by publishing rules

Labour is placed in the Concurrent List under the Seventh Schedule of the Indian Constitution, meaning both the Centre and State governments have the power to legislate on it. The passage of the four labour codes—Code on Wages, 2019, Industrial Relations Code, 2020, Code on Social Security, 2020, and Occupational Safety, Health and Working Conditions Code, 2020—represents a massive exercise in legislative consolidation and cooperative federalism. While the Centre has passed the broad framework and notified rules for central sphere establishments, full implementation requires state governments to notify their respective rules. This shared jurisdiction often leads to uneven implementation across states, a challenge the Centre must navigate to achieve a unified national labour market. For UPSC, understanding the tension and coordination required between the Centre and States in implementing concurrent subjects is crucial.

The codification of labour laws is a critical structural reform aimed at improving India's Ease of Doing Business (EoDB) and attracting foreign investment. The previous framework of 29 overlapping and outdated laws created a complex compliance burden, discouraging formalization and scale. By simplifying compliance, introducing a single license and return system, and raising the threshold for retrenchment and closure under the Industrial Relations Code, the new regime seeks to reduce compliance costs and provide greater flexibility to employers. This is expected to spur employment generation by encouraging firms to hire formally rather than relying on contract or informal labour. However, the economic challenge lies in balancing this labour market flexibility with adequate worker protection, ensuring that the drive for competitiveness does not lead to a 'race to the bottom' in labour standards.

The new labour codes introduce significant governance reforms to enhance social security and occupational health. A paradigm shift is the expansion of social security nets to include gig workers and platform workers under the Code on Social Security, recognizing the changing nature of work in the digital economy. The codes mandate a National Reskilling Fund to support workers affected by retrenchment, reflecting a proactive approach to workforce transition. The rules cap weekly working hours at 48, mandate minimum wages across all sectors, and ensure equal pay and opportunity for women, aligning with Article 39 (Directive Principles of State Policy). The challenge for governance will be the effective enforcement of these provisions, particularly in the vast unorganized sector, requiring robust digital platforms (like the e-Shram portal) and strengthened labour inspection mechanisms.