Status of Draft Rules formulated by the States and Union Territories under the labour codes

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This Prism provides a glance at the status of the draft rules formulated by the States and Union Territories[1] in accordance with the 4 (four) labour codes enacted by the Central Government to consolidate 29 (twenty nine) central labour legislations on wages, industrial relations, social security and occupational safety, welfare and working conditions. The 4 (four) labour codes are yet to be enforced and will come into effect from a date to be notified by the Central Government, barring the provisions which have already been enforced. For instance, certain sections under the Code on Wages, 2019 related to the Central Advisory Board, and the provision under the Code on Social Security, 2020 relating to establishment of an employee’s and his family members’ or dependents’ identities through respective Aadhaar numbers have already been enforced.

The Central Government has already issued the draft central rules under all the 4 (four) labour codes. While most of the States and Union Territories have published their draft rules under the labour codes, some major States and Union Territories such as West Bengal and Delhi are yet to come up with the draft rules under all the labour codes. It appears that West Bengal has started drafting the rules, but it intends to pass a notification for implementation after observing how the rest of the States are dealing with them.

According to the information available in public domain, all the States and Union Territories have been asked to formulate their draft rules by the end of 2023. Once that is achieved, it is anticipated that the labour codes will be enforced after the Lok Sabha elections of 2024, with certain modifications.

A.  Summary

• States and Union Territories which have not drafted rules under all 4 (four) labour codes.
  • States: Meghalaya, Nagaland and West Bengal
  • Union Territories: Dadra and Nagar Haveli and Daman and Diu and Lakshadweep
• States and Union Territories which have not drafted rules under the Code on Wages, 2019
  • States: Meghalaya, Nagaland and West Bengal
  • Union Territories: Dadra and Nagar Haveli and Daman and Diu and Lakshadweep
• States and Union Territories which have not drafted rules under the Code on Social Security, 2020
  • States: Tamil Nadu, Meghalaya, Nagaland and West Bengal
  • Union Territories: Delhi, Dadra and Nagar Haveli and Daman and Diu and Lakshadweep
• States and Union Territories which have not drafted rules under the Industrial Relations Code, 2020
  • States: Meghalaya, Nagaland and West Bengal
  • Union Territories: Delhi, Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu and Lakshadweep
• States and UTs which have not drafted rules under the Occupational Safety, Health and Working Conditions Code, 2020
  • States: Sikkim Meghalaya, Nagaland and West Bengal
  • Union Territories: Delhi, Andaman and Nicobar Islands Dadra and Nagar Haveli and Daman and Diu and Lakshadweep

B.  Status of the States w.r.t issuance of rules under the labour codes

C.   Status of the Union Territories w.r.t issuance of rules under the labour codes (except Delhi and Jammu & Kashmir, which have been mentioned above)

This Prism has been prepared by:

Minu Dwivedi Partner

Shreya Chowdhury Of-Counsel

For more details, please contact [email protected]

[1] Available in public domain