The Maharashtra government’s draft rules for the new labour codes have been made public, bringing fresh attention to the future of labour regulation in the state. The draft rules, dated April 28, have been opened for objections and suggestions from stakeholders for a period of 45 days. If no major challenge is raised or accepted during this period, the new labour codes are expected to be notified for Maharashtra.
The rules have been framed under four major labour codes: the Industrial Relations Code, 2020; the Code on Wages, 2019; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020. These codes were introduced by the central government to combine 29 existing labour laws into a more modern framework. Several worker-related benefits have been included in the proposed system. Minimum wages, social security, compulsory appointment letters, free annual medical check-ups, grievance redressal mechanisms and improved safety measures have been provided for. Equal opportunities for women and equal wages irrespective of gender have also been included.
Important changes have also been proposed for women workers. Blanket restrictions on women working night shifts in factories and other establishments have been removed. Crèche facilities have been mandated for workplaces with 50 or more employees. Work-from-home options after maternity leave have also been included. However, strong opposition has been raised by labour unions. It has been argued that higher worker thresholds will keep many smaller companies outside the scope of the new laws. The fixed-term employment clause has also been criticised, as it is believed that permanent jobs may be discouraged and job security may be weakened.
The 14-day notice requirement before a strike has also been opposed. Unions have said that such a rule could reduce their bargaining power. Gangaram Gawde of the Ambekar Institute of Labour Studies described the codes as “anti-labour” and said that they appeared to favour employers. The government has defended the reforms. Labour department officials said the rules would improve ease of doing business and reduce compliance pressure on smaller units. State labour minister Akash Phundkar said the draft rules would bring discipline to the industrial environment while protecting gig workers and improving clarity on wages, safety and working conditions.