Will New Labour Codes Secure Wages and Social Security for 50 Crore Workers, Including Gig and Platform Workers?

The landmark decision to consolidate 29 laws into four codes is a historic step toward providing women with not only job security but also respect, health, and various welfare measures. Through these labor reforms, there is a clear commitment to creating an environment that prioritizes the well-being of women in the workforce. Additionally, these changes are expected to significantly enhance the ease of doing business in the country, streamlining regulations and fostering a more conducive environment for both employers and employees. This forward-looking approach not only supports gender equality but also contributes to the overall economic development and business efficiency in the nation. In this comprehensive reform, the government seeks to ensure that all workers have a statutory right to receive minimum wages and timely wage payments, fostering a more equitable and prosperous labour environment. To reduce ambiguity and legal disputes, these codes introduce uniform and straightforward definitions of ‘wages’ across all four labour-related regulations. Furthermore, the introduction of annual health check-ups and medical facilities aims to improve the overall well-being of workers, enhancing productivity and extending life expectancy. These reforms also formalize the employment relationship by requiring the issuance of appointment letters to every employee, ultimately providing job security and enabling workers to claim statutory benefits such as minimum wages and social security. Additionally, the creation of a Re-skilling Fund demonstrates the government’s commitment to the skill development of workers, aligning with the changing demands of the job market. Furthermore, the codes recognize the importance of addressing the needs of gig workers and platform workers by defining them and paving the way for the formulation of social security schemes funded by aggregators and government sources. This inclusive approach extends the benefits of the Employees’ State Insurance Corporation and the Employees’ Provident Fund Organization to unorganized workers, gig workers, and platform workers, along with their families. The reforms also ensure that fixed-term employment (FTE) workers are entitled to the same benefits as permanent employees, promoting fairness and job security. Workers’ rights are further enhanced with provisions for annual leave with wages and the option to encash leave on demand, offering flexibility and financial security. Moreover, the expansion of the Employees’ Provident Fund to all industries, irrespective of their scheduling, underscores the government’s commitment to improving social security and labour welfare across various sectors. In sum, these labour codes represent a transformative and forward-looking effort to foster a more inclusive, secure, and prosperous work environment for all workers in India. The four Labour Codes aim to enhance worker protection, including those in the unorganized sector, by ensuring statutory minimum wages, social security, and healthcare. Some significant provisions of these Codes include: Establishing a statutory right for all workers to receive minimum wages and timely wage payments to support sustainable development and inclusivity. Introducing a consistent and easily enforceable definition of ‘wages’ across all four Labour Codes to prevent multiple interpretations and legal disputes. Providing annual health check-ups and medical facilities to enhance worker productivity and increase life expectancy. Requiring the issuance of appointment letters to every employee, formalizing employment contracts, increasing job security, and enabling workers to claim statutory benefits such as minimum wages and social security. Establishing a Re-skilling Fund for worker skill development. Defining gig workers and platform workers to create social security schemes, funded by aggregators and other sources, with contributions from both the Central and State Governments. Allowing the Central Government to extend benefits to unorganized workers, gig workers, platform workers, and their families through the Employees’ State Insurance Corporation and the Employees’ Provident Fund Organization. Granting fixed-term employment (FTE) workers entitlement to the same benefits available to permanent employees, including gratuity after one year of service. Ensuring that every worker is entitled to annual leave with wages after working for 180 days, compared to the current requirement of 240 days. Additionally, there is a provision for leave encashment on the worker’s request while in service at the end of the calendar year. Expanding the applicability of the Employees’ Provident Fund to all industries, as opposed to only scheduled industries as it stands presently. Major Achievements of New Labour Codes are as follows – As of December 2023, the Shram Suvidha Portal has successfully generated 4,268,334 Labour Identification Numbers (LIN). Furthermore, inspection reports for 821,283 cases have been uploaded onto the portal, reflecting the ongoing efforts to monitor and manage labor-related activities. The eSHRAM portal has been established with the aim of building a National Database of Unorganized Workers, incorporating Aadhaar details to facilitate the provision of social security benefits. Eligibility for registration on the eSHRAM portal is open to any worker operating in the unorganized sector with an age ranging from 16 to 59. This database encompasses a diverse range of workers, including migrant workers, construction workers, gig workers, platform workers, and more. As of December 2023, a noteworthy achievement has been reached, with a total of 29,23,93,908 e-cards issued through the portal, marking a significant step in the coverage and support for unorganized workers across the nation. As of October 2023, the All India Consumer Price Index Number for Industrial Workers (CPI-IW) has experienced a rise of 0.9 points, reaching a value of 138.4 (one hundred thirty-eight point four). In terms of the one-month percentage change, there has been a 0.65% increase compared to the previous month. This is in contrast to the 0.91% increase recorded during the corresponding months of the previous year. These figures provide insights into the fluctuations in the cost of living and inflationary trends affecting industrial workers in India. As part of the Nidhi Aapke Nikat 2.0 initiative, the Employees’ Provident Fund Organization (EPFO) extended its outreach to stakeholders across all districts of the country. The monthly ‘Nidhi Aapke Nikat’ program held on April 27th, 2023, covered 666 districts with 27,592 participants. The focus was on addressing grievances, resulting in 12,437 reported issues, of which 9,816 were successfully resolved. This effort underscores EPFO’s commitment to increasing accessibility, visibility, and resolving concerns for its stakeholders nationwide. As part of the