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How the new Labour Codes will benefit workers with better wages, social security and safety

India’s labour landscape is on the cusp of a significant transformation with the upcoming implementation of the four new Labour Codes. Consolidating 29 existing central labour laws, these codes – the Code on Wages, the Industrial Relations Code, the Code on Social Security, and the Occupational Safety, Health and Working Conditions Code – aim to simplify regulations, foster ease of doing business, and, critically, enhance the welfare and security of the nation’s vast workforce. While their full implementation has seen some delays, their potential to reshape employer-employee relations and offer tangible benefits to workers is a widely discussed topic.

Enhanced Wages and Fair Remuneration

One of the most anticipated benefits for workers stems from the Code on Wages, 2019. This code seeks to universalise minimum wages across all sectors and types of employment, a significant step towards eradicating wage disparity and ensuring a dignified income floor. Currently, minimum wages vary widely by state and sector, often leading to exploitation. The new code proposes a national floor wage, which states cannot go below, ensuring that every worker, regardless of their industry or location, receives a baseline remuneration. This move is expected to particularly benefit workers in the unorganised sector, who have historically been vulnerable to low wages and irregular payments.

Moreover, the code mandates timely payment of wages, with provisions for stricter penalties for non-compliance. It also clarifies the definition of “wages” to include a larger portion of a worker’s earnings for the calculation of benefits like provident fund and gratuity, thereby ensuring that social security contributions are based on a more comprehensive income, ultimately leading to higher payouts for workers upon retirement or termination.

Bolstering Social Security and Welfare

The Code on Social Security, 2020 is perhaps the most ambitious in its scope, aiming to extend social security benefits to a much broader segment of the Indian workforce. This includes workers in the unorganised sector, gig workers, and platform workers, who have largely remained outside the purview of traditional social security schemes. The code proposes the establishment of a National Social Security Board to administer various schemes, including provident fund, Employees’ State Insurance (ESI), gratuity, maternity benefits, and even unemployment insurance, making them more accessible and comprehensive.

For millions of workers currently lacking any formal safety net, this code promises a fundamental shift towards greater financial security and healthcare access. The emphasis on universalisation means that more enterprises, regardless of their size, will be brought under the ambit of social security provisions, formalising employment and providing critical support during illness, old age, or unforeseen circumstances.

“The new Labour Codes are not just about streamlining laws; they represent a paradigm shift towards empowering the Indian worker. By extending social security and ensuring fair wages, they lay the foundation for a more equitable and stable workforce, crucial for India’s economic growth,” observes a prominent labour law expert based in Delhi.

Prioritising Safety and Health in the Workplace

The Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020 is a critical stride towards creating safer and healthier work environments across the country. This code consolidates laws relating to safety, health, and welfare in various establishments, from factories and mines to construction sites and service industries. It places a significant onus on employers to provide a safe workplace, free from hazards, and mandates regular health check-ups for employees, especially those in hazardous occupations.

Key provisions include ensuring proper lighting, ventilation, drinking water, and sanitation facilities. It also addresses specific concerns for women workers, such as providing safe transportation for those working night shifts, and for migrant workers, guaranteeing basic welfare facilities. The code also calls for the formation of safety committees in establishments above a certain size, promoting a collaborative approach to identifying and mitigating workplace risks. By setting clearer standards and increasing accountability, the OSHWC Code aims to significantly reduce occupational accidents and diseases, fostering a more secure and productive workforce.

In conclusion, while the implementation details and rollout challenges remain, the foundational principles of India’s new Labour Codes point towards a future where workers are better protected, more fairly compensated, and enjoy enhanced social security and safer working conditions. These legislative changes aspire to create a more formalised, equitable, and empowered workforce, crucial for India’s continued development and its aspiration to become a leading global economy.