Labour law compliance reforms support businesses

By Minu Dwivedi and Preetha Soman, JSA
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含羞草社区 economic trajectory in the past decade has been aligned with its efforts to enhance the ease of doing business and leverage its demographic dividend. A key reform in this direction has been the recent overhaul of 含羞草社区 labour law framework through enactment of four consolidated labour codes.

The codes simplify and modernise a historically fragmented regime, replacing 29 central labour enactments with a cohesive and structured framework. While their full implementation is still underway, the intent is clear: reduce overlapping provisions, harmonise definitions, and introduce uniform compliance standards across sectors and states, making them more accessible and less burdensome for businesses while simultaneously safeguarding worker welfare.

This article is an overview of the key reforms that aim to simplify compliance for businesses.

India labour codes boost compliance

Minu Dwivedi
Minu Dwivedi
Partner
JSA

Rationalisation. Businesses will no longer need to navigate a multitude of acts, rules and regulations, each with its own definitions, thresholds and compliance calendars. This single-window approach promises to drastically reduce the administrative burden and the risk of inadvertent non-compliance, apart from bringing much-needed consistency.

For instance, the new definition of “wages” will streamline calculations for provident fund, gratuity and other statutory benefits, reducing ambiguity and potential disputes.

Labour codes enable digital compliance

Digitalisation. The codes provide for online registration and electronic filing of returns, thereby reducing duplicative documentation, minimising physical interface with authorities and enhancing efficiency.

Fixed-term employment boosts workforce flexibility

Fixed-term employment. Formal recognition of fixed-term employment allows employers greater flexibility in managing their workforces to meet project-based and peak season demands without the complexities associated with traditional permanent employment structures.

Raised closure threshold boosts hiring

Closure, lay-off, retrenchment. To boost operational independence and encourage hiring, the threshold for government permission for closures, layoffs and retrenchments in industrial establishments (factories, mines and plantations, etc.) has been raised from 100 to 300 workers.

Standing orders threshold raised to 300+

Preetha Soman
Preetha Soman
Partner
JSA

Standing orders. Smaller industrial establishments are now exempt from certified standing order requirements as the Industrial Relations Code, 2020 (IR Code), widens the ambit of “industrial establishment” and raises the certified standing order applicability threshold to 300-plus workers. However, existing standing orders will continue to apply, provided they are not inconsistent with the IR code.

IR Code tightens strike rules

Strikes. Workers of industrial establishments are required to give 60 days’ advance notice of a strike and are not permitted to proceed within 14 days of such notice. Further, the IR Code expands the definition of “strike” to include concerted or mass casual leave by 50% or more workers on any given day. Thus, the IR Code seeks to deter workers from indulging in arbitrary strikes.

OSHWC Code eases contract labour compliance

Contract labour, single licensing. Simplifying compliance for contract labour, the Occupational Safety, Health and Working Conditions Code, 2020 now applies only to establishments having 50 or more contract labourers for all states, thereby deregulating smaller establishments and contractors. Additionally, it introduces a single licence with five years validity for contractors who satisfy the prescribed qualifications and criteria, significantly reducing the compliance burden.

Decriminalisation replaces jail with fines

Offences. Procedural lapses have largely been decriminalised and the number of offences attracting imprisonment has been substantially reduced. Imprisonment has been replaced with monetary penalties for certain first contraventions. A structured mechanism for compounding offences has been introduced where employers can pay a prescribed percentage of the maximum fine. This uniform framework enables resolution of minor contraventions without prolonged criminal proceedings.

Inspector-cum-facilitators drive cooperative compliance

Enforcement. The recharacterisation of inspectors as “inspector-cum-facilitators” reflects a shift in approach, promoting compliance through guidance rather than purely punitive oversight in first instances. To advance this approach, the introduction of improvement notices in the codes, except the IR Code, provides employers with the opportunity to rectify non-compliance, fostering a co-operative compliance environment and reducing litigation.

Labour codes boost ease of business

The shift from a fragmented, prescriptive system to a consolidated, principle-based framework promises simplified compliance and a more predictable, transparent and business-friendly labour environment while preserving essential safeguards. By decriminalising minor offences and leveraging digital platforms, the revised regime aims to provide businesses with much-needed operational flexibility.

Minu Dwivedi and Preetha Soman are partners at JSA

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