·The Hindu·15 marks·250–350 wordsPolity

Examine how the consolidation of labour laws under the Industrial Relations Code, 2020 seeks to balance ease of doing business with worker protections.

In this answer
  1. Measures easing business compliance
  2. Provisions safeguarding workers
  3. Where the balance tilts

The Industrial Relations Code, 2020 — brought into force on 21 November 2025 as part of four labour codes rationalising 29 central laws [1] — merges the Industrial Disputes Act, 1947, the Trade Unions Act, 1926 and the Industrial Employment (Standing Orders) Act, 1946. Its architecture attempts a two-way bargain: flexibility for employers, collective security for workers. The bargain is real, but unevenly delivered.

Measures easing business compliance

  • Single-window consolidation: three Acts, with overlapping definitions and filings, collapse into one code, reducing compliance layers [1].
  • Raised thresholds: standing orders and prior government permission for lay-off, retrenchment and closure now apply at 300 workers, up from 100 [2].
  • Fixed-term employment gains statutory recognition, allowing hiring for finite terms without contractor intermediaries [2].
  • Strike discipline: a mandatory 14-day notice, valid 60 days, plus prohibition during conciliation, protects production continuity [2].

Provisions safeguarding workers

  • Stronger bargaining: the sole negotiating union threshold falls from 75% to 51%, with a negotiating council of unions holding 20% membership otherwise [2].
  • Parity for fixed-term staff in wages, hours and benefits, with pro-rata gratuity, curbing the historic wage gap with permanent workers [5].
  • Formalisation push through appointment letters and digital registration, extending statutory identity to informal labour [5].

Where the balance tilts

  • Fixed-term contracts carry no limit on work type, duration or renewals, permitting permanent posts to be converted [3].
  • Extended prohibition periods can render strikes practically impossible in all establishments, though the Standing Committee advised confining such curbs to public utilities [3].
  • Key terms — "manager", "supervisor", "contractor" — remain undefined, and Section 2(p)'s exclusions are untested; the nine-judge Bench (August 2026) on the definition of "industry" expressly left the Code's definition to future litigation, drawing union criticism [4].

The Code thus front-loads employer flexibility while leaving several worker safeguards contingent on rules and courts. Closing definitional gaps, capping fixed-term renewals and time-bound tribunal disposal would let the Code serve both competitiveness and the Article 43 vision of decent work.

Sources

  1. 1PIB — Government Makes the Four Labour Codes Effective to Simplify and Streamline Labour Laws (21 Nov 2025)codes in force from 21 November 2025; 29 laws rationalised; consolidation rationale
  2. 2PRS Legislative Research — The Industrial Relations Code, 2020 (Bill Track)300-worker threshold, 14-day strike notice, 51% negotiating union, fixed-term employment
  3. 3PRS Legislative Research — Issues for Consideration: Labour Codesunrestricted fixed-term contracts, strike-prohibition concerns, undefined terms, Standing Committee view
  4. 4The Hindu — Trade unions sound the alarm over Supreme Court judgment on the definition of industry (22 Aug 2026)nine-judge Bench declining to interpret Section 2(p); union criticism
  5. 5PIB — India's Labour Reforms: Simplification, Security and Sustainable Growthfixed-term parity and pro-rata gratuity, appointment letters, formalisation
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