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The new labour-law overhaul in India is meant to streamline and modernize a patchwork system with dozens of laws being combined into four broad labour codes. This may theoretically lead to more workers (both informal, gig, and migrant) coming under more explicit wage, safety and social security protections. In practice, the effects are contingent on the way in which the codes are applied, the way in which states put their own rules into place, and the reality on the ground that the enforcement devices actually extend to the most vulnerable. To most employees, the issue is whether the reforms seal major loopholes or open new loopholes. For more labour rights insights and workplace updates, visit our Labour Rights page.
What the New Labour Codes Intend to Do
The overhaul brings together the laws which are in existence into four subjects; wages, industrial relations, social security and occupational safety and working conditions. The following objectives are aimed at making the compliance process easier to employers, promoting formalisation, and the benefits such as social security and minimum wages to a greater number of workers. Newer laws are more explicit on provisions regarding platforms, gig workers, and unorganised workers than older laws, indicating that new types of work are recognised.
Read More: 10 Labor Laws That Empowers Indian Workers
Implications for Informal and Gig Workers
In the case of gig and platform workers, the codes gesture the inclusion in the social security programs, like insurance or retirement benefits, with special funds or contributions. To a great extent, however, it lies in the definitions of employee, worker, and platform worker in the subordinate regulations and whether businesses are obliged or only encouraged to make a contribution. The informal workers, who in many cases do not have written contracts, might have a better view on the minimum wages and prompt payment, which is possible only in case registration systems are user-friendly and inspections are strong. Unless firmly enforced and access to complaint mechanisms, rights on paper might not be well secured into practice. The emergence of flexible, app-based employment has changed the livelihood of millions of people, and the gig economy will be a determining force in the year 2025. By growing fear regarding the Workers’ Rights in the Gig Economy, such as decent pay, employment guarantees, insurance, and regulatory safeguards.
Migrant Workers: Registration and Portability
The reforms give increased recognition to migrant workers whereby registration, welfare schemes and ease of movement benefits are increased whenever they change state. When properly applied, this may assist in the access to ration benefits, housing and even social protection in locations that are closer to the actual location of migration and work of migrants. However, logical barriers, including documentation, technological ability, and cooperation of employers, and interstate coordination, may restrict coverage. A significant number of migrant workers switch jobs and places and it is difficult to have stable registration and follow-up assistance.
Protections or Loopholes? Key Concerns
Opponents fear that as some protections (such as layoff rules or unionization) are raised higher, it will be easier to hire workers, but increase the number of workers whose job security will be jeopardized. They also note the danger of open discretion on the part of governments and employers which could be interpreted flexibly and to the advantage of business as opposed to labour. To make the overhaul truly safeguard informal, gig, and migrant workers, India will require: state level clear and worker friendly definitions, access to transparent rules, grievance systems, and workable involvement of unions and worker groups in the process of monitoring and reform. Otherwise, the new framework can simplify the law books without making a big difference in the life on the ground. Gig and platform workers in India are now legally recognised, and have an avenue to social security benefits under the Code on Social Security, 2020.
