In 2019 and 2020, 29 central labour laws were amalgamated, rationalised and simplified into four labour codes, viz., the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health & Working Conditions Code, 2020.
Labour reforms are progressing steadily as at least 17 states have pre-published draft rules for four labour codes on wages, social security, industrial relations and occupation safety, health and working conditions (OSH), according to the Economic Survey for 2021-22.
"As on January 11, 2022, 26 states/UTs have also pre-published the draft rules under the Code on Wages, 22 states/UTs under Industrial Relations Code, 20 states/UTs under Code on Social Security, and 17 states/UTs under OSH & WC Code," stated the Survey tabled in Parliament on Monday.
In 2019 and 2020, 29 central labour laws were amalgamated, rationalised and simplified into four labour codes, viz., the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health & Working Conditions Code, 2020, noted the Survey.
The new laws were in tune with the changing labour market trends and at the same time accommodating the minimum wage requirement and welfare needs of the unorganised sector workers, including the self-employed and migrant workers, within the framework of legislation.
The central government has also pre-published the draft rules for all four codes. Now states are required to frame regulations on their part as labour is a concurrent subject.
There are reports that the four codes are likely to be implemented by the next fiscal year.
Labour is in the Concurrent List of the Constitution and under the Labour Codes, rules are required to be framed by the central government as well as by the state governments.
The central government has notified four labour codes, namely, the Code on Wages, 2019, on August 8, 2019; and the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 on September 29, 2020.
However, the Centre as well as states are required to notify rules under the four codes to enforce these laws in respective jurisdictions. Under the Codes, the power to make rules has been entrusted to the central government, state government and appropriate government and there is a requirement of publication of rules in their official gazette for a period of 30 or 45 days for public consultation.
As per the latest information provided in the Survey, the draft rules are pre-published by 26 states on the Code on Wages.
These states are Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, Tripura, Uttarakhand, Uttar Pradesh, Odisha, Manipur, Telangana, Chhattisgarh, Jharkhand, Kerala, Maharashtra, Mizoram, Punjab, Rajasthan, UTs of Jammu & Kashmir, Puducherry, Chandigarh and Government of NCT of Delhi.
Similarly, the 22 states which have pre-published draft rules on the Industrial Relations Code are Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, Tripura, Uttarakhand, Uttar Pradesh, Odisha, Manipur, Telangana, Chhattisgarh,Jharkhand, Maharashtra, Punjab, UTs of Jammu & Kashmir, Chandigarh and Puducherry.
As many as 20 states have pre-published draft rules on the Code on Social Security. These states are Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Tripura, Uttarakhand, Uttar Pradesh, Odisha,
Manipur, Chhattisgarh, Jharkhand, Maharashtra, Kerala, Punjab, UTs of Jammu & Kashmir and Chandigarh.
As many as 17 states have pre-published draft rules on the Occupational Safety, Health and Working Conditions Code. These are Arunachal Pradesh, Bihar, Goa, Haryana, Himachal Pradesh Madhya Pradesh, Uttarakhand, Uttar Pradesh, Odisha, Manipur, Chhattisgarh, Jharkhand, Kerala, Punjab, Gujarat, UTs of Jammu & Kashmir, Chandigarh.