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UPSC CSE Preparation
UPSC Mains — Previous Year Question
2024 GS3 Economics 15 Marks
Question
Discuss the merits and demerits of the four ‘Labour Codes’ in the context of labour market reforms in India. What has been the progress so far in this regard?
Model Answer

To streamline a fragmented framework of 29 central labor statutes and advance the constitutional mandate of fair working conditions under Article 43, Parliament consolidated existing enactments into four comprehensive Labour Codes: the Code on Wages (2019), the Industrial Relations Code (2020), the Code on Social Security (2020), and the Occupational Safety, Health and Working Conditions Code (2020).

Merits of the Four Labour Codes

  • Universalizing Minimum Wage Protection: Extends statutory floor wages across all sectors, removing the distinction between scheduled and non-scheduled employment to protect unorganized workers.
  • Legal Recognition for Gig and Platform Workers: Formally defines gig and platform workers under the Code on Social Security, establishing dedicated social security funds financed through aggregator contributions.
  • Ease of Compliance for MSMEs: Replaces multiple registrations, licenses, and inspection registers with web-based self-certification and digital filings, reducing compliance costs for manufacturing enterprises.
  • Operational Flexibility via Fixed-Term Employment (FTE): Allows industries to hire workers for seasonal or project-based durations directly, providing pro-rata statutory benefits on par with regular employees.
  • Improving Female Workforce Participation: Permits women to work night shifts across all establishments with mandatory consent, secure transport, and safety standards.
  • Standardized Occupational Safety: Consolidates safety thresholds and mandates annual health examinations for hazardous industries.

Demerits and Criticisms

  • Dilution of Layoff and Retrenchment Protections: Raising the threshold for mandatory prior government permission for retrenchment from 100 to 300 workers under the Industrial Relations Code increases job insecurity for factory workers.
  • Restrictions on the Right to Strike: Mandates a 14-day advance notice requirement before going on strike across all industrial establishments, lengthening the conciliation process.
  • Ambiguities in Implementation: General definitions regarding wage structures (e.g., capping allowances at 50% of total salary) raise concerns over potential take-home pay reductions and higher employer provident fund liabilities.
  • Enforcement Infrastructure Shortages: Transitioning labor inspectors into “Inspector-cum-Facilitators” requires specialized administrative capacity, with concerns over monitoring standards across small enterprises.

Progress Made So Far

  • Sub-National Rule Harmonization: Labor falls under the Concurrent List (Entry 24). While the central government finalized model rules, operationalization depends on all states notifying state-specific rules; a majority of states have published draft rules, with consensus evolving across industrial states.
  • Digital Inclusion Initiatives: Launched the e-Shram Portal to register over 29 crore unorganized workers, facilitating data integration for social security distribution.

The Labour Codes balance industrial flexibility with expanded social protection. Successful nationwide implementation requires constructive dialogue between trade unions, industry associations, and state governments to support decent work aligned with SDG 8.

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