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Introduction

 

In 2019-20, during the peak of the pandemic, four new labour codes were passed by the Indian parliament. These codes were intended to replace 29 central legislations and rules governing the Indian labour and industrial sector. The Code on Wages received Presidential assent in 2019, followed by the Code on Social Security, the Industrial Relations Code, and the Occupational Safety, Health, and Working Conditions Code in 2020. These central codes are yet to commence as the central and state rules thereunder are pending finalisation.

 

The reactions to the codes have been varied. Labour unions, workers, and activists argue that the codes weaken workers' rights and further dilute their collective bargaining power. They note that important stakeholders were excluded from the drafting process and non-participatory approaches rendered consultations non-representational. It is further claimed that new laws are ambiguous and leave disproportionate room for interpretations. In their opinion, excessive regulatory and accountability gaps, inconsistent delegation of duties and powers between governments and authorities further reduces workers’ access to the codes and their rights. On the other hand, reforms to the gargantuan and colonial labour-industrial laws and their complex web have been long overdue. The narrative in support of the codes also cites their potential positive impact on the ease of doing business.

 

For equity and justice, it is therefore essential for stakeholders and legal practitioners to develop a critical understanding of the codes. In this book, through the example of Assam’s tea industry, the authors have (a) explained the most significant concepts under the codes; (b) identified the gaps and highlighted ambiguities, and (c) established a simpler flow of information. This work aims to enhance the readers’ understanding of how these new laws potentially impact stakeholders within the industrial and labour law regime. Any learnings derived from this book are expected to be critical in supporting stakeholders’ informed engagement in current and future labour legislations, policies and judicial processes.