Labour laws in India: history, evolution and critical analysis

This study carries out a comprehensive examination of the evolving landscape of labour laws in India, with a particular focus on the recent labour codes introduced in 2020. Through a historical analysis of labour regulations, we contextualize the present labour regulatory framework, emphasizing the influence of the Indian state on the shifting dynamics of labour relations. Our analysis reveals that over the years the government has significantly enhanced labour market flexibility through less conspicuous channels and backdoor policy adjustments, instead of outright amending the 'protectionist' labour legislations. We argue that the new labour codes are an addition to the series of 'reforms by stealth' carried out by the government, to enhance flexibility in the labour market in the guise of promoting employment generation and economic growth. The new codes continue to exclude the bulk of the workforce engaged in the unorganized sector and have limited applicability in the organized sector. They dilute the bargaining power of trade unions and 'juridify' industrial relations and the provisions for exemptions in the OSHWCC further subject workers to precarious and subpar working conditions.

Automated summary

This study comprehensively examines the changing landscape of labor laws in India, with a focus on the recently introduced labor codes in 2020. The analysis reveals that the Indian government has been enhancing labor market flexibility through less visible means rather than outright amending protective labor legislations. The new labor codes continue to exclude a significant portion of the workforce and weaken trade unions, leading to precarious working conditions.