Labour Law Reforms in India: A study of India’s New Labour Codes

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Hema Doreswamy
Khyati Joshi
Lucky Verma

Abstract

Through a doctrinal and regulatory examination of India's new labour codes, this paper critically assesses how they have restructured the governance of labour in India. Furthermore, it evaluates whether these codes have resulted in substantive regulatory reform because of consolidating multiple labour Acts into four consolidated codes, or if they merely assist in simplifying compliance and creating flexibility within the labour market.


The evaluation of the new codes considers several aspects that comprise a 'regulatory milieu'. These areas include the development of a single definition of wages, the development of fixed-term employment regulations, changes to the thresholds in respect to industrial relations, the introduction of digital compliance systems, and the restructuring of inspection/adjudication processes.


Methodologically, the research uses statutory interpretation, policy analysis, and secondary source research (scholarly literature) to evaluate the normative and institutional implications arising from these labour reforms. In addition, this study contextualizes the new codes within the broader discussion of the rationalisation of the labour market and considers how the balance between employer prerogatives and worker protection has been recalibrated by these reforms.


Finally, this paper briefly makes comparative reference to the Danish labour governance model with a view to illustrating the substantive differences in the collective bargaining autonomy and integration of social security rights between Canada and Denmark.


According to research, legislative consolidation does not equalize labour results. The long-term or ongoing effects of the reforms will be determined by the capacity of enforcement, institution transparency, and participation in labour administration. The paper concludes that to create a sustainable modernized Indian labour market, there is a need for greater regulatory enforcement, broader social security coverage, and more structured tripartite participation to balance between economic competitiveness and substantive worker rights (Wage Study 2010).

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