India’s New Era of Labor Laws

On November 21, 2025, India implemented a sweeping overhaul of its labor law regime, transforming labor compliance nationwide. This reform consolidates and updates 29 central labor laws into four comprehensive labor codes: the Code on Wages (2019), the Code on Social Security (2020), the Industrial Relations Code (2020), and the Occupational Safety, Health and Working Conditions Code (2020) (collectively, the “Labor Codes”).

Key Changes, Implications and Challenges of India’s Four Labor Codes

The four Labor Codes significantly update India’s current labor and employment framework, aiming to modernize and improve protections for the workforce while also streamlining compliance for employers. Below is an overview of key features for each Code:

  • Code on Wages (2019)

    Implementation of the Code on Wages (2019) brings greater uniformity and inclusivity to India’s wage and hour laws. Key reform highlights include:

    • Universal Coverage: Provisions related to timely wage payments, authorized deductions and wage protection now apply to all employees, eliminating previous wage thresholds.
    • Standard Definition of Wages: A uniform definition of “wages” across all four Labor Codes, and now requires that at least 50% of a worker’s total compensation must be wages.
    • Minimum Wage Floor: All workers are now entitled to earn a minimum wage, set by a national wage floor that applies throughout India and across industries. Wages can now legally be paid electronically.
    • Gender Equality and Protection: “Equal pay for equal work” is now enforced for all genders, including transgender persons. Protections for women working nightshifts are strengthened and opportunities expanded.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense. However, certain first-time or minor offenses are now decriminalized and subject to monetary fines instead.

    Employer Action: Employers should review wage structures, payroll processes, pay timelines and record-keeping to ensure compliance.

  • Code on Social Security (2020)

    While some provisions of the Social Security Code took effect on November 21, 2025, others will become enforceable as additional rules are finalized. Key reform highlights include:

    • New Categories of Workers: The Code formally recognizes “fixed-term employment,” “platform workers” and “gig workers,” extending protections and benefits to these groups.
    • Expanded Social Security Eligibility: Social security eligibility is now available to a broader group of workers, including fixed-term, piece-rate, seasonal and disabled workers. Fixed-term employees qualify for benefits after just one year of service, compared to five years for permanent employees.
    • Enhanced Maternity Benefits: The legal protections of pregnant and postpartum workers are strengthened, with higher medical bonus payments and clearer definitions of prohibited “arduous” work. Establishments with 50 or more employees must provide childcare (“creche”) facilities for female workers, including daily visitation rights.
    • Higher Penalties for Noncompliance: Employers face stricter penalties, especially for repeat violations.

    Employer Action: Employers should take steps to review and update their current benefits policies to ensure compliance with these new obligations.

  • Industrial Relations Code (2020)

    All provisions of the Industrial Relations Code are effective and enforceable as of November 21, 2025, and outline updated workplace regulations to better align India’s laws with modern practices. Key reform highlights include:

    • Broader Definitions: The definition of “industry” now includes nonprofit and low-capital organizations, broadening worker coverage and protections.
    • Recognizing Trade Unions: Trade unions are now recognized as negotiating bodies under the Code. A union with at least 51% membership of the workers is designated as the negotiating union for collective bargaining and grievance purposes. Further, Grievance Redressal Committees must now be larger and gender inclusive.
    • Retrenchment Threshold Raised: Government approval for termination (“retrenchment”) is now required only for establishments with 300 or more workers, an increase from the previous 100-person threshold that will make it easier for certain employers to terminate workers.
    • Re-skilling Fund: Employers must now contribute an amount equal to 15 days of wages to a government fund for each terminated worker, effectively increasing the cost of terminating workers for employers.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense.

    Employer Action: Though smaller employers will gain flexibility in workforce reductions, all employers should take steps to review their termination and workforce restructuring policies, begin contributions to the re-skilling fund, and update workplace policies regarding trade unions.

  • Occupational Safety, Health and Working Conditions Code (2020)

    All provisions of the Occupational Safety, Health and Working Conditions Code are now in effect, and aim to establish a uniform framework for ensuring safe and hygienic working conditions and facilitate employer compliance.

    • Unified Standards and Expanded Coverage: Health and safety requirements for employers are now standardized and apply across industries. Under the Code, covered employers are required to follow safety and health standards, provide free annual health check-ups, issue appointment letters to all employees, and establish Safety Committees in certain circumstances.
    • Greater Protection for Women: Women may now work in all roles and during extended hours (before 6 a.m. or after 7 p.m.), provided they give consent and all safety measures are met.
    • Hazardous Work Safety: Employers must now comply with stricter welfare, sanitation and safety rules when operating in hazardous industries.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense.

    Employer Action: Employers should take steps to verify workplace safety and welfare policies to align with new requirements.

What Employers Should Know Now

These long-awaited reforms signal a significant shift in India’s approach to labor regulation, increasing protections and modernizing compliance. Employers with operations in India should begin to familiarize themselves with the new legal requirements under all four Labor Codes, review their employment policies and procedures, and ensure ongoing compliance.

2024 Labor & Employment Updates for Insurers

We provide insurers five key takeaways from recent employment caselaw and regulation, on topics including the possible banning of noncompete agreements, federal and state minimum salary increases for exempt employees, upcoming audits of federal contractors, the NLRB’s questioned ability to obtain injunctions from federal district courts, and a list of the most significant state legislative and regulatory developments in the first half of 2024.

To view the full alert, visit the Faegre Drinker website.

Canada’s Online Harms Act Aimed to Address Harmful Online Content

Earlier this week, Canada introduced Bill C-63, also referred to as the Online Harms Act (the “Act”), which would require online content providers to act responsibly with regard to the platforms they operate and to remove harmful online content. The Act further establishes a Digital Safety Commission of Canada to administer and enforce the legislation, as well as ensure that operators of social media services are held accountable under the requirements of the Act.

Purpose

The Act is aimed to promote online safety and protect children from harmful online content. The Act requires content providers to swiftly remove all harmful content, defined under the Act to include:

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Considerations for Israeli Employers During Israel-Hamas War

As a result of the recent terrorist attacks in Israel and the resulting Israel-Hamas war, Israelis continue to be called upon for active duty under Israel’s emergency call-up notice. Global employers with operations and/or employees in Israel should become familiar with the emergency orders in place and the applicable employment developments to best support their employees and comply with local obligations.

Israel’s Compulsory Military Service

Israel’s military operates under a system of reserve forces known as the Israel Defense Forces (IDF). Military service is compulsory for Jewish Israeli citizens over the age of 18, requiring men to serve for a minimum of 32 months and women to serve for a minimum of 24 months. After completing compulsory service, citizens are transitioned into the IDF reserves, subject to recall for active duty in times of need. Because Israel is currently under a state of emergency, an emergency call-up notice (Order 8) has been issued for the immediate enlistment of most IDF reservists to report for active duty for an indefinite timeframe.

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Puerto Rico Amends Domestic Abuse Prevention and Intervention Act

On July 28, 2023, the Governor of Puerto Rico signed Law No. 74 of 2023 (“Law 74”) into law. Law 74 amends Puerto Rico’s Act for the Prevention and Intervention with Domestic Violence, adding additional protections for victims of domestic violence.

The amendment includes “economic violence” as a modality for domestic abuse. “Economic violence” is defined as:

“[C]onduct directed at impairing the present or future financial capacity, economic stability, or lodging and housing security through threats, coercion, fraud, restriction, or preventing access to or use of accounts, assets, financial information, identification or credit cards, money, or government assistance; concealment of information related to the payment of rent or mortgages,  or forced evictions; exercising undue influence on a person’s decisions or behavior or financial and economic decisions of a person, or interference in a person’s employment relationship or performance or in his or her own business. It also includes misusing the person’s financial resources, including money, assets and credit for personal gain, and preventing access to formal courses of study and impairing the victim’s academic performance.”

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New York State DOL Issues Amended WARN Regulations

The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses to provide advance notice of closures and layoffs to the Commissioner of Labor and affected employees. The NY WARN regulations are more expansive than the federal WARN regulations, defining “covered business” as any private business employing 50 or more full-time employees in New York. As outlined below, it also has stricter notice requirements.

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