New Labour Codes : How to Prepare for the Challenges Ahead?
A couple of years ago, India’s Parliament approved four new Labour Codes that cover important areas such as Wages, Social Security, Industrial Relations and Occupational Safety and Health. Labour reforms have been a long-pending agenda item for successive governments. The creation of these codes was aimed at modernizing, rationalizing and strengthening India’s arguably archaic labour-related laws. The new codes are also intended to attract investments into various sectors and make it easier to do business in India.
Although the Central Government notified these four new Labour Codes in September 2020, even now, a majority of states have not notified rules; less than half the states have even come up with draft rules. There has been some talk in recent days that the government may decide to implement the new codes effective 1 July. While this has not been officially confirmed, the inevitability of the implementation of the new codes makes it important for state governments to quickly come up with their draft rules and allow time for consultation so that loopholes and lacunae can be plugged before they come into effect. There will naturally be protests against the new laws because any change causes pain by forcing people outside their zones of comfort.
Once the new labour codes come into effect, two key changes will occur that will directly impact employees and organizations:
Working hours: It is expected that working hours may increase from the current 9 hours a day to 12 hours a day. The flip side, however, is that employees will need to work only four days a week, instead of the current five.
Take-home salary: The new wage code stipulates that an employee’s “basic salary” must be at least 50% of the total salary. This will cause changes to allowances and other perquisites that are widely used for tax planning purposes. A higher Basic Salary also means that deductions towards retirement benefits such as provident fund and gratuity will increase. In turn, this will reduce the net take-home salary for employees. However, this also means that employees will accumulate a much larger corpus of money when they retire, in effect, trading off current consumption with future security.
Adapting to this change will require companies to revisit policies, employment terms and contracts and even operating procedures. It may require fresh investments in amenities for workers and other employees at factories, construction sites, stores etc. New compliance requirements will arise, which means that business leaders, HR teams and those responsible for compliance must gear up to ensure that the organisation remains compliant with the new set of rules. This task becomes more difficult because the new codes have amalgamated a number of laws. For example, four laws have been amalgamated into the Wage Code, three into the Industrial Relations Code, nine into the Social Security Code and thirteen laws into the Occupational Safety, Health and Working Conditions Code, 2020.
Organizations must also keep in mind that these new codes will need to be implemented in tandem with hybrid ways of working. Even when employees were required to work for only 9 hours a day, there have been many instances of individuals (across industries and companies) working for 14 hours a day in a “work from home” model. Care must be taken to ensure that work-life balance is not further damaged by the extended working hours that the new codes provide for.
Business organizations with offices and production facilities in multiple locations spread across a number of states will need to be extra careful to ensure compliance with every state’s laws. Enterprises considering M&A will need to evaluate the costs of compliance with the new labour codes as part of their due diligence and strategic/financial assessment during valuation. Expert advice will be needed to minimize the pain that will inevitably accompany the transition. But given the intent of the new labour codes, it is fair to say that if they are backed by pragmatic rules, they will surely play a key role in accelerating the country’s economic growth in the years ahead.
Adapting to this change will require companies to revisit policies, employment terms and contracts and even operating procedures. It may require fresh investments in amenities for workers and other employees at factories, construction sites, stores etc.