Labour codes implementation: Where We Stand?
Government of India is working on overhauling of the existing labour laws to bring them in sync with the current era of business landscape. Labour laws not only impact workers but also Industries at large. All the four labour codes have been finalised by GoI to replace the existing labour laws and all that is left is framing of rules. Rules under these labour codes are being prepared by States and Central Government. Labour codes were expected to be enforced from 1st April, 2021 but due to 2nd wave of Covid-19 in India implementation got delayed. Rules are yet to be finalised, States and Central Government are working on drafting of the rules. Let’s have a look on the current status of the rules being framed under labour codes.
Current status of the State and Central rules drafted under the labour codes
State | Rules under Code On Wages, 2019 | Rules under Industrial Relations Code, 2020 | Rules under Code On Social Security, 2020 | Rules under Occupational Safety, Health And Working Conditions Code, 2020 |
Andhra Pradesh | NYD | NYD | NYD | NYD |
Arunachal Pradesh | NYD | NYD | NYD | NYD |
Assam | NYD | NYD | NYD | NYD |
Bihar | Code On Wages (Bihar) Rules, 2021 | Industrial Relation (Bihar) Rules, 2021 | Social Security (Bihar) Rules, 2021 | NYD |
Chhattisgarh | NYD | NYD | NYD | NYD |
Goa | NYD | NYD | NYD | NYD |
Gujarat | Code On Wages (Gujarat) Rules, 2021 | Industrial Relations (Gujarat) Rules, 2021 | NYD | NYD |
Haryana | NYD | NYD | NYD | NYD |
Himachal Pradesh | NYD | NYD | NYD | NYD |
Jharkhand | NYD | NYD | NYD | NYD |
Karnataka | Code On Wages Karnataka Rules, 2021 | Industrial Relations (Karnataka) Rules, 2021 | NYD | NYD |
Kerala | NYD | NYD | NYD | NYD |
Madhya Pradesh | Madhya Pradesh Code On Wages Rules, 2020 | Madhya Pradesh Industrial Relation Rules, 2020 | Madhya Pradesh Social Security Code Rules, 2020 | Occupational Safety, Health And Working Conditions (Madhya Pradesh) Rules, 2021 |
Maharashtra | NYD | NYD | NYD | NYD |
Manipur | NYD | NYD | NYD | NYD |
Meghalaya | NYD | NYD | NYD | NYD |
Mizoram | NYD | NYD | NYD | NYD |
Nagaland | NYD | NYD | NYD | NYD |
Odisha | Odisha Code On Wages Rules, 2021 | NYD | NYD | NYD |
Punjab | Code On Wages (Punjab) Rules, 2021 | Industrial Relations (Punjab) Rules, 2021 | Code On Social Security (Punjab) Rules, 2021 | Punjab Occupational Safety, Health And Working Conditions Rules, 2021 |
Rajasthan | NYD | NYD | NYD | NYD |
Sikkim | NYD | NYD | NYD | NYD |
Tamil Nadu | NYD | NYD | NYD | NYD |
Telangana | NYD | NYD | NYD | NYD |
Tripura | NYD | NYD | NYD | NYD |
Uttar Pradesh | Uttar Pradesh Code On Wages Rules, 2021 | Uttar Pradesh Industrial Relation Rules, 2021 | Uttar Pradesh Code On Social Security Rules, 2021 | Uttar Pradesh Occupational Safety, Health And Working Condition Code Rules, 2021 |
Uttarakhand | Uttarakhand Code On Wages Rules, 2021 | Uttarakhand Industrial Relation Rules, 2021 | Uttarakhand Code On Social Security Rules, 2021 | Uttarakhand Occupational Safety, Health And Working Conditions Rules, 2021 |
West Bengal | NYD | NYD | NYD | NYD |
Andaman and Nicobar Islands | NYD | NYD | NYD | NYD |
Dadra and Nagar Haveli and Daman & Diu |
NYD | NYD | NYD | NYD |
Jammu & Kashmir | Code On Wages (Jammu And Kashmir) Rules, 2021 | Industrial Relation (Jammu And Kashmir) Rules, 2021 | Code On Social Security (Jammu And Kashmir) Rules, 2020 | Occupational Safety, Health And Working Conditions (Jammu And Kashmir) Rules, 2021 |
Lakshadweep | NYD | NYD | NYD | NYD |
Chandigarh | NYD | NYD | NYD | NYD |
Delhi | NYD | NYD | NYD | NYD |
Ladakh | NYD | NYD | NYD | NYD |
Puducherry | NYD | NYD | NYD | NYD |
Central | Code on Wages (Central) Rules, 2020 & Code on Wages (Central Advisory Board) Rules, 2021 | Industrial Relation (Central) Rules, 2020 & Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 | Code on Social Security (Central) Rules, 2020 | Occupational Safety, Health and Working Conditions Code (Central) Rules, 2020 |
Note:-
- All the rules mentioned above have been published by the States and Centre for inviting public comments/suggestions/objections. None of the rules has been finalized as of now. However Code on Wages (Central Advisory Board) Rules, 2021 (which are for Central Advisory Board constituted by the Central Government) have been finalized and they are already in force w.e.f. 1st March, 2021.
- NYD stands for “Not Yet Drafted”
BIHAR
Code on Wages (Bihar) Rules, 2021 shall supersede the following rules:-
- The Bihar Minimum Wages Rules, 1951
- The Bihar Payment of Wages Rules, 1937
Industrial Relation (Bihar) Rules, 2021 shall supersede the following rules:-
- The Bihar Industrial Dispute Rules, 1961
- The Bihar Industrial Employment (Standing Orders) Rules, 1947
- The Bihar and Orissa Trade Union Regulations, 1928
Social Security (Bihar) Rules, 2021 shall supersede the following rules:-
- The Bihar Maternity Benefit Rules, 1964
- The Bihar Payment of Gratuity Rules, 1972
- The Bihar Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005
- The Bihar Unorganized Workers Social Security Rules, 2015
GUJARAT
Code on Wages (Gujarat) Rules, 2021 shall supersede the following rules:-
- The Payment of Wages (Procedure) Rules, 1937
- The Gujarat Payment of Wages Rules 1963
- The Gujarat Payment of Wages (unclaimed Amounts) Rules 1963
- The Gujarat Payment of Wages Deductions for National Defence Fund & Defence Savings Scheme) Rules, 1964
- The Payment of Wages (Manner of recover of excess deductions) Rules, 1967
- The Gujarat Minimum of Wages Rules, 1961
- The Ease of Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017
Industrial Relation (Gujarat) Rules, 2021 shall supersede the following rules:-
- The Gujarat Trade Union Regulations, 1963
- The Bombay Industrial Employment (Standing Order) Rules, 1959
- The Industrial Dispute (Gujarat) Rules, 1966
KARNATAKA
Code on Wages (Karnataka) Rules, 2021 shall supersede the following rules:-
- The Minimum Wages (Karnataka) Rules, 1958
- The Payment of Wages (Karnataka) Rules, 1963
- The Equal Remuneration (Karnataka) Rules, 1976
- The Payment of Bonus (Karnataka) Rules, 1965
Industrial Relation (Karnataka) Rules, 2021 shall supersede the following rules:-
- The Karnataka Trade Union Regulations, 1958
- The Industrial Employment (Standing Order) Karnataka Rules, 1961
- The Industrial Dispute (Karnataka) Rules, 1957
- The Industrial Tribunal (Karnataka Procedure) Rules, 1955
MADHYA PRADESH
Madhya Pradesh Code on Wages Rules, 2020 shall supersede the following rules:-
- The Minimum Wages (Madhya Pradesh) Rules, 1958
- The Madhya Pradesh Payment of Wages Rules, 1962
Madhya Pradesh Industrial Relation Rules, 2020 shall supersede the following rules:-
- The Madhya Pradesh Industrial Dispute Rules, 1957
- The Madhya Pradesh Trade Union Regulations, 1961
- The Madhya Pradesh Industrial Employment (Standing Order) Rules, 1963
Madhya Pradesh Social Security Code Rules, 2020 shall supersede the following rules:-
- The Madhya Pradesh Employees’ Insurance Court Rules, 1963
- The Madhya Pradesh Employees’ State Insurance (Medical Benefit Services System) Rules, 1959
Madhya Pradesh Supplies to the Hospitals Established Under the Scheme of Employees’ Estate Insurance Rules, 1981
- The Madhya Pradesh Workmen’s Compensation Rules, 1962
- The Madhya Pradesh Workmen’s Compensation (Occupational Diseases) Rules, 1963
- The Madhya Pradesh Maternity Benefit Rules, 1965
- The Payment of Gratuity (Madhya Pradesh) Rules, 1973
- The Madhya Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002
Occupational Safety, Health and Working Conditions (Madhya Pradesh) Rules, 2021 shall supersede the following rules:-
- The Madhya Pradesh Factories Rules, 1962
- The Madhya Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules, 2002
- The Madhya Pradesh Control of Industrial Major Accident Hazard Rules, 1999
- The Contract Labour (Regulation and Abolition) (Madhya Pradesh) Rules, 1973
- The Madhya Pradesh Beedi and Cigar Workers (Condition of Employment) Rules, 1968
- The Madhya Pradesh Motor Transport Workers Rules, 1963
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Madhya Pradesh Rules, 1981
ODISHA
Odisha Code on Wages Rules, 2021 shall supersede the following rules:-
- The Odisha Payment of Wages Rules, 1936
- The Odisha Minimum Wages Rules, 1954
PUNJAB
Code on Wages (Punjab) Rules, 2021 shall supersede the following rules:-
- The Punjab Payment of Wages Rules, 1937
- The Punjab Minimum Wages Rules, 1950
Industrial Relation (Punjab) Rules, 2021 shall supersede the following rules:-
- The Industrial Disputes (Punjab) Rules, 1958
- The Industrial Employment (Standing Orders) Punjab Rules, 1978
- The Punjab Trade Union Regulations, 1927
Code on Social Security (Punjab) Rules, 2021 shall supersede the following rules:-
- The-Punjab Maternity Benefit Rules, 1967
- The Payment of Gratuity (Punjab) Rules, 1973
- The Punjab Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008
- The Punjab Unorganized Workers’ Social Security Rules, 2012
- The Workman’s Compensation Rules, 1924
Punjab Occupational Safety, Health and Working Conditions Rules, 2021 shall supersede the following rules:-
- The Punjab Factory Rules, 1952
- The Punjab Control of Industrial Major Accident Hazards Rules, 1993
- The Punjab Welfare Officers (Recruitment and Conditions of Service) Rules, 1952
- The Punjab Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008
- The Punjab Contract Labour (Regulation and Abolition) Rules, 1973
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Punjab) Rules, 1983
- The Punjab Motor Transport Workers Rules, 1963
UTTAR PRADESH
Uttar Pradesh Code on Wages Rules, 2021 shall supersede the following rules:-
- The Uttar Pradesh Payment of Wags Rules, 1936
- The Uttar PradeshMinimum Wages Rules, 1952
Uttar Pradesh Industrial Relation Rules, 2021 shall supersede the following rules:-
- The Uttar Pradesh Industrial Dispute Rules, 1976
- The Uttar Pradesh Trade Union Regulations, 1927
- The Uttar Pradesh Industrial Employment (Standing Orders) Rules, 1946
- Industrial Tribunal and Labour Courts Rules of Procedure, 1967
Uttar Pradesh Code on Social Security Rules, 2021 shall supersede the following rules:-
- The Uttar Pradesh Workmen’s Compensation Rules, 1975
- The Uttar Pradesh Workmen’s compensation (Occupational Diseases) Rules, 1964
- The Uttar Pradesh Maternity Benefit Rules, 1983
- The Uttar Pradesh Payment of Gratuity Rules, 1975
Uttar Pradesh Occupational Safety, Health and Working Conditions Rules, 2021 shall supersede the following rules:-
- The Uttar Pradesh Contract Labour (Regulation and Abolition) Rules, 1975
- The Uttar Pradesh Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1983
- The Uttar Pradesh Bidi and Cigar Workers (Conditions of Employment) Rules, 1969
- The Uttar Pradesh Factories Rules, 1950 (v)Uttar Pradesh Factories (Welfare Officers) Rules, 1955
- The Uttar Pradesh Factories (Safety Officers) Rules, 1984
UTTARAKHAND
Uttarakhand Code on Wages Rules, 2021 shall supersede the following rules:-
- The Uttarakhand Payment of Wages Rules 1936
- The Uttarakhand Minimum Wages Rules, 1952
Uttarakhand Industrial Relation Rules, 2021 shall supersede the following rules:-
- The Uttarakhand Industrial Dispute Rules, 1957
- The Uttarakhand Trade Union Regulations, 1961
- The Uttarakhand Industrial Employment (Standing Orders) Rules, 1963
- The Industrial Tribunal and Labour Courts Rules of Procedure, 1967
Uttarakhand Code on Social Security Rules, 2021 shall supersede the following rules:-
- The Uttarakhand (U.P. Maternity Benefit Rules, 1983) Adaptation and Modification order 2002
- The Uttarakhand (U.P. Payment of Gratuity Rules, 1975) Adaptation and Modification order 2002
- The Uttarakhand Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Rules, 2005
- The Building and Other Constructions Workers Welfare Cess Rules, 1998
- The Unorganized Workers Social Security Rules, 2009
Uttarakhand Occupational Safety, Health and Working Conditions Rules, 2021 shall supersede the following rules:-
- The Uttarakhand (U.P. Factories Rules, 1950) Adaption and Modification order, 2002
- The Uttarakhand (U.P. Factories Welfare Officers Rules, 1955) Adaption and Modification order, 2002
- The Uttarakhand (U.P. Factories Safety Officers Rules, 1984) Adaption and Modification order, 2002
- The Uttarakhand (U.P. Factories Control of Industrial Major Accident Hazards Rules, 1996) Adaption and Modification order, 2002
- The Uttarakhand (U.P. Contract Labour (Regulation and Abolition rules, 1975) Adaption and Modification order, 2002
- The Uttarakhand (U.P. Inter-State Migrant workmen Regulation of Employment and conditions of Service. Rules. 1983) Adaption and Modification order, 2002
- The Uttarakhand Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005
JAMMU AND KASHMIR
Code on Wages (Jammu and Kashmir) Rules, 2021 shall supersede the following rules:-
- The Jammu and Kashmir Payment of Wages Rules, 1972
- The Jammu and Kashmir Minimum Wages Rules, 1972
Industrial Relation (Jammu and Kashmir) Rules, 2021 shall supersede the following rules:-
- The Jammu and Kashmir Trade Union Regulations, 1972
- The Industrial Employment (Standing Orders) Jammu and Kashmir Rules, 1972
- The Industrial Disputes (Jammu and Kashmir State) Rules, 1972
Code on Social Security (Jammu and Kashmir) Rules, 2020 shall supersede the following rules:-
- The Jammu and Kashmir Workmen’s Compensation Rules, 1972
- The Jammu and Kashmir Payment of Gratuity Rules, 1973
- The Jammu and Kashmir Maternity Benefit Rules, 1974
- The Jammu and Kashmir Building and Other Constructions Workers (Regulation of Employment and Conditions of Service) Rules, 2006
- The Jammu and Kashmir Unorganised Workers’ Social Security Rules, 2010
Occupational Safety, Health and Working Conditions (Jammu and Kashmir) Rules, 2021 shall supersede the following rules:-
- The Jammu & Kashmir Building and Other Construction Workers (Regulation of Employment and Condition of Services) Rules, 2006
- The Jammu & Kashmir Factories Rules 1972
- The Contract Labour (Regulation & Abolition) Jammu & Kashmir Rules, 1972
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Jammu and Kashmir Rules, 1984
- The Jammu and Kashmir Motor Transport workers Rules 1972
CENTRAL
Code on Wages (Central) Rules, 2020 shall supersede the following rules:-
- The Payment of Wages (Procedure) Rules, 1937
- The Payment of Wages (Nomination) Rules, 2009
- The Minimum Wages (Central) Rules, 1950
- The Minimum Wages (Central Advisory Board) Rules, 2011
- The Ease of Compliance to Maintain Register under various Labour Laws Rules, 2017 to the extent these rules are made in exercise of the powers conferred by section 13 of the Equal Remuneration Act, 1976 (25 of 1976), section 29 and section 30 of the Minimum Wages Act, 1948 (11 of 1948) and section 26 of the Payment of Wages Act, 1936 (4 of 1936) and applicable accordingly
- The Payment of Bonus Rules, 1975
- The Equal Remuneration Rules, 1976
- The Central Advisory Committee on Equal Remuneration Rules, 1991
Industrial Relation (Central) Rules, 2020 shall supersede the following rules:-
- The Industrial Tribunal (Procedure) Rules, 1949
- The Industrial Tribunal (Central Procedure) Rules, 1954
- The Industrial Disputes (Central) Rules, 1957
- The Industrial Employment (Standing Orders) Central Rules, 1946
Code on Social Security (Central) Rules, 2020 shall supersede the following rules:-
- The Employees’ State Insurance (Central) Rules, 1950
- The Tribunal (Procedure) Rules, 1997
- The Employees’ Provident Funds Appellate Tribunal(Conditions of Service) Rules, 1997
- The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960
- The Maternity Benefit (Mines and Circus) Rules, 1963
- The Payment of Gratuity (Central) Rules, 1972
- The Cine-Workers Welfare Fund Rules, 1984
- The Building and Other Constructions Workers’ Welfare Cess Rules, 1998
- The Unorganised Workers’ Social Security Rules, 2009
Occupational Safety, Health and Working Conditions Code (Central) Rules, 2020 shall supersede the following rules:-
- The Dock Workers (Safety, Health and Welfare) Rules, 1990
- The Building and Other Construction Workers (Regulation of Employment and Condition of Services) Rules, 1998
- The Model Factories Rules
- The Mines Rules, 1955
- The Mines Rescue Rules, 1985
- The Mines Vocational Training Rules, 1966
- The Pithead Bath Rules, 1959
- The Mines Crèche Rules, 1966
- The Contract Labour (Regulation and Abolition) Central Rules, 1971
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1979.
- The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957
- The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
- The Sales Promotion Employees (Conditions of Service) Rules, 1976.
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Mr. Anuj Malik is a CS (Company Secretary) as well as law graduate (LL.B.). He is an associate member of the Institute of Company Secretaries of India (ICSI) for 9 years. He has-
• dealt with over a thousand of Indian laws (Including Central, State, and local) which are applicable to business corporations.
• dealt with over a thousand laws of 25+ countries (including USA, UK, China, France, Malaysia, Mauritius, Nigeria, South Africa, Korea, Singapore, Germany, Australia, Netherlands, Ireland and so on).
• over 9 years of experience in identification and execution of regulatory compliances.
• over 9 years of experience in Compliance Management Tool (GRC Tool).
• over 9 years of experience in legal research and advisory.
• years of experience in preparation of legal content (including compliance checklists and compliance calendars)
He has been associated with Lexcomply for around 10 years and currently working as a Senior Manager- Global Compliance.