
{"id":365019,"date":"2026-06-12T19:53:11","date_gmt":"2026-06-12T14:23:11","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=365019"},"modified":"2026-06-12T19:53:11","modified_gmt":"2026-06-12T14:23:11","slug":"rules-for-the-four-labour-codes-vulnerable-workers","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/rules-for-the-four-labour-codes-vulnerable-workers\/","title":{"rendered":"Rules for the Four Labour Codes &#8211; Vulnerable Workers"},"content":{"rendered":"<p><strong>UPSC Syllabus: Gs Paper 2- <\/strong>mechanisms, laws, institutions and Bodies constituted for<\/p>\n<p>the protection and betterment of these vulnerable sections.<\/p>\n<h2 class=\"yellow-h2-box\"><strong>Introduction<\/strong><\/h2>\n<p>The notification of rules under the four Labour Codes has completed the implementation framework for labour reforms enacted during <strong>2019\u201320<\/strong>, nearly six years after their enactment. The reforms aim to simplify labour laws, improve compliance, expand social security, and support employment generation. However, several provisions in the new rules have drawn criticism from trade unions and academics, who argue that important safeguards relating to job security, wages, gig workers, trade union rights, and worker welfare remain inadequately addressed.<\/p>\n<h2 class=\"yellow-h2-box\"><strong>Background and Rationale of the Labour Codes<\/strong><\/h2>\n<ol>\n<li><strong>Need for Labour Law Reform: <\/strong>The Government consolidated 29 labour laws into four Labour Codes to simplify the legal framework and make labour regulation more efficient<strong>.<\/strong><\/li>\n<li><strong>Simplifying Compliance: <\/strong>Multiple laws and authorities created compliance difficulties for employers and enforcement challenges for regulators. The Codes seek to reduce this complexity.<\/li>\n<li><strong>Modernising Outdated Legislation: <\/strong>Many labour laws were framed in the pre-Independence period. The reforms aim to align labour regulation with present-day economic and technological realities.<\/li>\n<li><strong>Recommendation of the National Commission on Labour: <\/strong>The Second National Commission on Labour recommended grouping labour laws into a smaller number of comprehensive codes on a functional basis.<\/li>\n<li><strong>Consultative Legislative Process: <\/strong>The four Codes were enacted after discussions among the Government, employers, industry representatives, and trade unions between 2015 and 2<strong>019.<\/strong><\/li>\n<li><strong>Four Labour Codes Covered: <\/strong>The reforms include the <strong>Code on Wages, 2019<\/strong>, <strong>Industrial Relations Code, 2020<\/strong>, <strong>Code on Social Security, 2020<\/strong>, and <strong>Occupational Safety, Health and Working Conditions Code, 2020<\/strong>.<\/li>\n<\/ol>\n<h2 class=\"yellow-h2-box\"><strong>Key Features and Expected Benefits of the Labour Codes<\/strong><\/h2>\n<ol>\n<li><strong>Growing Labour Market Performance: <\/strong>Employment rose from 47.5 crore to 64.33 crore, unemployment declined from 6.0% to 3.2%, and 1.56 crore womenentered the formal workforce between 2017\u201318 and 2023\u201324.<\/li>\n<li><strong>Improvement in Labour Market Indicators: <\/strong>The unemployment rate declined from 6.0% to 3.2%, while 1.56 crore women entered the formal workforce during the same period.<\/li>\n<li><strong>Unified Worker Protection Framework: <\/strong>The Codes seek to provide wage security, social security, health protection, and welfare measures through a common legal framework.<\/li>\n<li><strong>Easier Business Compliance: <\/strong>Uniform definitions, single registration, single return systems, and simplified procedures are intended to reduce regulatory burdens.<\/li>\n<li><strong>Greater Use of Technology: <\/strong>The framework promotes digital registration, licensing, inspections, and online administration of labour laws.<\/li>\n<li><strong>Improved Transparency in Enforcement: <\/strong>Risk-based inspections and online processes are expected to strengthen accountability and reduce administrative complexity.<\/li>\n<li><strong>Support for Economic Growth: <\/strong>The reforms aim to create a business-friendly environment that encourages investment, employment generation, and economic expansion.<\/li>\n<\/ol>\n<h2 class=\"yellow-h2-box\"><strong>Concerns and Challenges in the New Rules<\/strong><\/h2>\n<p><strong>A. Fixed-Term Employment (FTE)<\/strong><\/p>\n<ul>\n<li><strong>Lack of Minimum Tenure:<\/strong> The Industrial Relations Code formally introduces Fixed-Term Employment, but neither the Code nor the Rules prescribe a minimum duration of employment.<\/li>\n<li><strong>Unlimited Contract Renewals:<\/strong> The Rules do not place any limit on the number of times a fixed-term contract can be renewed.<\/li>\n<li><strong>Risk to Regular Employment:<\/strong> Continuous renewals may allow employers to convert regular jobs into fixed-term positions, reducing job security for workers.<\/li>\n<\/ul>\n<p><strong>B. Wage-Related Issues<\/strong><\/p>\n<ul>\n<li><strong>Ambiguity in Floor Wage:<\/strong> The Rules provide a vague definition of the floor wage and do not clearly distinguish it from the minimum wage.<\/li>\n<li><strong>Weak Consultation Framework:<\/strong> Although consultation with States is required, the Rules do not provide a detailed process for conducting such consultations.<\/li>\n<li><strong>Lack of Wage-Fixation Principles:<\/strong> Clear principles for determining minimum wages have not been specified, creating uncertainty in wage regulation.<\/li>\n<li><strong>Continuation of Gender Bias:<\/strong> The existing method of treating a four-member family as three consumption units continues, assigning a weight of <strong>0.8 to an adult female<\/strong> and <strong>1.0 to an adult male<\/strong>.<\/li>\n<li><strong>Concerns over Hourly Wage Calculation:<\/strong> The Rules calculate hourly wages by dividing daily wages by eight, without considering whether workers can obtain employment for the remaining hours of the day.<\/li>\n<\/ul>\n<p><strong>C. Gig and Platform Workers<\/strong><\/p>\n<ul>\n<li><strong>Unclear Employment Status:<\/strong> The Rules do not clarify the employment relationship between platforms and gig workers.<\/li>\n<li><strong>Continued Classification as Self-Employed:<\/strong> Gig and platform workers remain classified as self-employed and continue to be part of the unorganised workforce.<\/li>\n<li><strong>Limited Social Security Protection:<\/strong> The Rules do not specify how the mandatory gratuity insurance provision will operate, leaving an important safeguard undefined.<\/li>\n<\/ul>\n<p><strong>D. Trade Union Recognition<\/strong><\/p>\n<ul>\n<li><strong>Thirty Percent Membership Requirement:<\/strong> A sole registered trade union must secure at least <strong>30% membership<\/strong> to gain recognition.<\/li>\n<li><strong>Registration Does Not Ensure Recognition:<\/strong> Smaller and newly formed unions may find it difficult to achieve this threshold despite being registered.<\/li>\n<li><strong>Weakening of Collective Bargaining:<\/strong> The requirement may further reduce the bargaining power of trade unions, which has already been declining for decades.<\/li>\n<\/ul>\n<p><strong>E. Occupational Safety and Contract Labour<\/strong><\/p>\n<ul>\n<li><strong>Missing Welfare Measures:<\/strong> Certain welfare provisions, including housing and medical facilities for plantation workers, are not included in the Rules.<\/li>\n<li><strong>No Clarity on Contract Labour Deployment:<\/strong> The Rules do not specify the activities for which contract labour can be engaged.<\/li>\n<li><strong>Unclear Core and Non-Core Activities:<\/strong> The absence of a clear distinction between core and non-core activities creates scope for ambiguity.<\/li>\n<li><strong>Risk of Labour Informalisation:<\/strong> Contract labour may increasingly be used in core operations, further expanding informal employment arrangements.<\/li>\n<\/ul>\n<p><strong>F. Unresolved Open-Ended Provisions<\/strong><\/p>\n<ul>\n<li><strong>Missed Opportunity for Safeguards:<\/strong> Several contested and open-ended provisions could have been clarified through the Rules, but important worker protection concerns remain unresolved.<\/li>\n<\/ul>\n<h2 class=\"yellow-h2-box\"><strong>Way Forward<\/strong><\/h2>\n<ol>\n<li><strong>Strengthen Fixed-Term Employment Safeguards:<\/strong> Prescribe a minimum tenure and reasonable limits on contract renewals to prevent misuse of fixed-term contracts.<\/li>\n<li><strong>Provide Clarity in Wage Regulation:<\/strong> Clearly define floor wages, establish transparent wage-fixation principles, and review gender-biased consumption unit calculations.<\/li>\n<li><strong>Protect Gig and Platform Workers:<\/strong> Clarify employment relationships and operationalise gratuity insurance and other social security safeguards.<\/li>\n<li><strong>Improve Labour Representation and Welfare:<\/strong> Revisit trade union recognition requirements, clarify the use of contract labour, and include missing welfare measures for vulnerable workers.<\/li>\n<\/ol>\n<p><strong>Conclusion<\/strong><\/p>\n<p>The Labour Codes seek to modernise labour regulation, improve compliance, and support employment growth through a unified legal framework. However, several concerns relating to fixed-term employment, wages, gig workers, trade union recognition, contract labour, and worker welfare remain unresolved. The rules have completed the implementation framework but have not fully addressed important worker protection issues, leaving vulnerable sections of the workforce exposed to uncertainty and potential misuse.<\/p>\n<p><strong>Question for practice:<\/strong><\/p>\n<p>Evaluate the extent to which the rules framed under the four Labour Codes balance the objectives of labour market reforms with the protection of vulnerable workers in India.<\/p>\n<p><strong>Source<\/strong>: <a href=\"https:\/\/www.thehindu.com\/opinion\/op-ed\/implementation-complete-but-workers-still-vulnerable\/article71090176.ece#:~:text=With%20the%20notification%20of%20the,to%20the%20interests%20of%20workers.\">The Hindu<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>UPSC Syllabus: Gs Paper 2- mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections. Introduction The notification of rules under the four Labour Codes has completed the implementation framework for labour reforms enacted during 2019\u201320, nearly six years after their enactment. The reforms aim to simplify labour laws, improve&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/rules-for-the-four-labour-codes-vulnerable-workers\/\">Continue reading <span class=\"screen-reader-text\">Rules for the Four Labour Codes &#8211; Vulnerable Workers<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230],"tags":[300,212,10498],"class_list":["post-365019","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","tag-governance","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/365019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=365019"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/365019\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=365019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=365019"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=365019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}