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Industrial Relations Code Amendment Bill 2026: Provisions and Significance

Context

The Lok Sabha passed a Bill to help avoid any “future unwarranted complication” over the continuity of certain laws replaced by the Industrial Relations Code of 2020.

Purpose of the Amendment

  • To remove ambiguity regarding the repeal of earlier labour enactments.
  • To ensure continuity, legal certainty, and smooth transition under the Industrial Relations Code framework.
  • To pre-empt potential legal challenges based on procedural interpretation.

Key Legal Clarification Introduced

  • The amendment reinforces Section 104 of the Industrial Relations Code.
  • It clarifies that:
    • Repeal of earlier laws occurred automatically through the Code itself.
    • The repeal was not dependent on executive action or delegated authority.
  • This eliminates the risk of misinterpretation in future litigation.

Laws Affected by the Industrial Relations Code

  • The Code replaced three major labour laws:
    • Trade Unions Act, 1926
    • Industrial Employment (Standing Orders) Act, 1946
    • Industrial Disputes Act, 1947
  • These laws governed trade unions, service conditions, and dispute resolution.

Broader Labour Reform Framework

  • The Industrial Relations Code is part of four labour codes implemented recently.
  • According to the government, these codes aim to ensure:
    • Statutory minimum wages
    • Mandatory appointment letters
    • Equal wages for equal work, irrespective of gender
About the Four Labour Codes
The Four Labour Codes, covering Wages, Industrial Relations, Social Security, & Occupational Safety, unify & modernise India’s fragmented labour laws to ensure greater clarity and protection of worker welfare.
Code on Wages, 2019

●     Unified Definition: Consolidates four laws to establish a single definition of wages, reducing litigation and compliance burdens.

●     Wage includesbasic pay, dearness allowance, and retaining allowance, which form the basis for benefits and social security contributions.

●     Minimum Wage:Extends statutory minimum wage entitlement to all workers across sectors, replacing the earlier limit to scheduled employment only.

●     Wage Floor: Introduces a National Floor Wage that states must adhere to in order to ensure consistent living standards and minimise regional wage disparities.

●     Payment Rules: Standardises payment deadlines for wages and requires issuing physical or digital wage slips to enhance accountability.

●     Gender Equality: Prohibits gender-based wage discrimination to promote “equal pay for equal work”.

Industrial Relations Code, 2020

●     Worker Definition: Replaces three previous laws and broadens the definition of worker to include employees earning less than ₹18,000.

●     Layoff Threshold: Raises prior-approval requirements for layoffs, retrenchments, and closures from 100 to 300 workers to enhance operational flexibility.

●     FixedTerm Employment: Introduces fixed-term employment with wage and benefit parity, and ensures gratuity after one year of continuous service.

●     Strike Regulation: Expands strike-notice requirements and widens the definition of strike to include mass casual leave by more than half the workforce.

 

Code on Social Security, 2020

●     Legal Recognition: Amalgamates nine social security laws and, for the first time, legally defines ‘gig workers’ and ‘platform workers’.

●     Unified Access: Mandates social security funds and creates a national portal with Aadhaar-linked identification for unorganised, gig, and platform workers.

●     Expanded Coverage: Expands EPFO and ESIC coverage to more establishments, regions, and includes compulsory coverage for hazardous jobs.

Occupational Safety, Health and Working Conditions (OSH) Code, 2020

●     Safety Expansion: Consolidates 13 laws to extend safety, health, and welfare regulations to all workplaces with over 10 workers, as well as to all mines and docks.

●     Health Provision: Requires free annual health check-ups for workers aged 40 or older and mandates safety committees in large workplaces.

●     Night-Shift: Permits women to work night shifts with their consent and with safety measures in place.

●     Migrant Redefinition: Expands the definition of interstate migrant workers to include directly hired and self-migrating workers.


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