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Decent Work Denied Labour Codes Risk Expanding the Unorganised Sector

Jose Vattakuzhy Jose Vattakuzhy
01 Dec 2025

India's ambitious overhaul of its labour law architecture—by consolidating 29 existing laws into four comprehensive Labour Codes—is projected as a landmark reform intended to simplify compliance, promote investment, and extend social protection.

The Code on Wages (2019), Industrial Relations Code (2020), Social Security Code (2020), and the Occupational Safety, Health and Working Conditions Code (2020) were envisaged as instruments to modernise labour markets and align them with global competitiveness.

Yet, as debates intensify, it has become increasingly evident that these reforms may paradoxically deepen informality, weaken collective rights, and compromise the promise of "decent work" for India's predominantly unorganised labour force.

Standardisation, Not Reform 
Supporters of the Codes often argue that India's earlier labour laws were outdated and fragmented. While this is partially true, the current initiative falls far short of actual labour reform. Instead of expanding rights, strengthening implementation, or creating new mechanisms to formalise the workforce, as urged by the ILO, the Codes primarily standardise existing legal provisions into four broad categories.

What is unfolding is a significant administrative restructuring—but not a strengthening of worker protections. This distinction is crucial, especially at a moment when India is advancing toward becoming the world's 4th or even 3rd largest economy. Economic ambition has not been matched by a parallel commitment to ensuring that all workers, especially informal ones, gain access to decent work, social security, and formalisation.

Return to Pre-2008 Ambiguity 
The most telling example is the repeal of the Unorganised Workers Social Security Act (UWSS Act), 2008, which, for the first time, created statutory definitions, welfare boards, and a clear framework for protection of the unorganised sector. Its removal under the Social Security Code has returned the country to a pre-2008 vacuum, where identifying, registering, and supporting unorganised workers is once again unclear.

Even more troubling is the lack of new legislation to protect workers in the rapidly growing segments of the economy—gig workers, platform workers, home-based workers, remote and piece-rate workers, and algorithmically managed or "AI-supervised" workers. These categories, central to the future of work, remain largely unregulated and unprotected.

Residual Laws Outside the Codes 
Despite claims of a complete consolidation, several central labour laws remain outside the four Codes because they address specialised sectors. These include: Beedi and Cigar Workers (Conditions of Employment) Act, 1966, Dock Workers (Regulation of Employment) Act, 1948, Merchant Shipping Act, 1958, Indian Railways Act / Railway Servants Rules, Mines Rescue Rules and other mining-related acts, Cine Workers and Cinema Theatre Workers Act, 1981, Plantation Labour Act, 1951, Disaster-related and compensation-related special statutes. Their continued presence highlights the contradiction in the government's "simplification" narrative and reveals that consolidation has been pursued unevenly rather than comprehensively.

The Wage Code: Gaps Behind Harmonisation 
The Code on Wages aims to harmonise wage regulations with a unified definition of wages and a national floor wage. Yet, wide interstate disparities persist because states retain autonomy over minimum wage fixing. The removal of scheduled employments—once used to identify unorganised occupations—creates ambiguity for workers in fisheries, home-based manufacturing, and micro-enterprises. Fixed-term employment provisions further legitimise precarity in formal establishments.

Industrial Relations Code: A Shift Toward Employer Flexibility 
Raising retrenchment and closure thresholds from 100 to 300 workers effectively excludes most industrial units from regulatory oversight. With over half of India's establishments falling under this threshold, workers face a "hire-and-fire" environment. Union recognition requirements and mandatory notice periods for strikes weaken collective bargaining and inhibit workers' ability to mobilise.

Social Security Code: A Promise Without Guarantees 
The Social Security Code's vision of "universal" social security remains largely rhetorical. Without enforceable schemes, unorganised workers depend on governmental discretion and CSR contributions. Digital registration processes such as e-Shram and Aadhaar verification create formidable barriers for migrant, illiterate, and home-based workers. Millions remain excluded from ESI and EPF due to threshold-based limitations.

OSH Code: Safety for a Few 
The Occupational Safety, Health and Working Conditions Code sets high thresholds for establishing Safety Committees—500 workers in factories, 250 in hazardous units, 100 in mines—covering only a fraction of the MSME workforce. Smaller units, where safety violations are most common, remain outside institutional oversight.

Decent Work Under Threat 
These structural weaknesses emerge at a time when more than 90% of India's workforce—over 450 million people—labour in the unorganised sector. Instead of extending protections to this majority, the Codes risk reproducing and deepening existing vulnerabilities. The growing discourse around extended working hours, including the controversial proposal for a 70-hour workweek, further contradicts global labour standards.

A Labour Market Moving Backwards 
Although the government presents the Codes as tools for economic expansion and employment generation, their actual impact depends on state-level rule-making and enforcement—areas where India has historically struggled. Critics warn that without robust institutional safeguards, the Codes could accelerate informalisation within even the formal sector, entrench contractualisation, weaken worker voice, and erode job security.

Ultimately, without justice, progress is hollow. India's Labour Codes expose a central conflict in its growth model: employer freedom versus worker protection. Unless reforms move beyond consolidation to rights-based change, millions risk losing the dignity and security of decent work.

Proper development cannot rest on worker insecurity; it requires stronger rights, effective enforcement, and universal social security. Achieving a just and vibrant economy demands honest dialogue among employers, unions, and scholars, and a shift from viewing labour as a 'cost' to valuing it as an 'asset'.

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