Sharmishta P. Raj, Symbiosis Law School, Pune
ABSTRACT
The recent overhaul of India’s labour laws through the enactment of four comprehensive labour codes marks a significant shift towards streamlining regulatory compliance and promoting economic flexibility. However, this transformation has sparked considerable debate regarding its impact on worker protection. This research critically examines the balance between flexibility and protection for contract labour under the new labour codes, analysing their compliance with and divergence from International Labour Organisation (ILO) standards.
The study explores key provisions under the Code on Wages, 2019, Code on Social Security, 2020, Industrial Relations Code, 2020, and the Occupational Safety, Health, and Working Conditions Code, 2020. It highlights areas where the codes align with ILO principles, such as the recognition of gig workers, maternity benefits, and health and safety measures. Conversely, it also identifies significant deviations, particularly concerning the right to strike, enforcement gaps, and the absence of uniform social security standards across states.
Ultimately, the paper offers recommendations for greater alignment with ILO norms, including stronger enforcement mechanisms, standardized social security measures, and reforms to safeguard collective bargaining rights.
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