**Executive Summary**
This document discusses the new Labour Codes in India and their impact on the Information Technology (IT) sector. The codes, including the Code on Wages 2019 and others from 2020, aim to simplify compliance, promote workforce flexibility, enhance inclusivity, and provide social security to all types of workers. These reforms are particularly significant for the IT sector, offering clarity on wages, work arrangements, and safety standards. The original publication date is December 2, 2023.
**Key Points / Main Content**
* **Workforce Flexibility and Employment Models:**
* Employers gain workforce agility and cost optimization through flexible employment models.
* Fixed Term Employment (FTE) allows hiring for specific durations with equal benefits.
* Provides a legal foundation for hybrid and remote work, ensuring compliance.
* Flexibility in working hours for women, legitimizing night work with safety norms.
* **Compliance Simplification and Ease of Doing Business:**
* Single digital interface for all registrations aligns with digitized HR systems.
* Encourages digitized record-keeping and self-certification.
* Decriminalization of offenses and "Improvement Notices" for minor violations.
* **Workplace Safety, Standards, and Infrastructure:**
* National Occupational Safety Standards and third-party audits will ensure uniformity.
* Provisions for common welfare facilities like crèches and canteens.
* **Dispute Resolution and Employee Protection:**
* Simplified dispute resolution through Internal Grievance Redressal Committees (IGRCs).
* Reskilling fund for retrenched employees, contributing 15 days’ wages.
* **Gig Workforce and Unorganized Sector Linkages:**
* Social Security coverage for gig and platform workers.
* Creation of a National Database for Unorganized Workers (NDUW) for skilled candidate sourcing.
* **Employee Empowerment:**
* Fixed-term employees get equal pay and benefits.
* Formalization via appointment letters specifying job details.
* Ensures timely salary credit and transparency in deductions.
* Prohibits gender-based discrimination in recruitment and wages.
* **Social Security and Portability**
* Social Security for all workers, including gig/platform workers.
* Portability of benefits via UAN and Aadhaar linkage.
* Portability and Pan-India ESIC coverage.
* **Health and Well-being**
* Annual health check-ups and workplace safety standards are mandated.
* Includes commuting accidents under employee compensation.
* **Skills and Career Development**
* Recognition of Skills and National Skill Qualification Framework.
* Creates structured grievance redressal and dispute resolution committees.
**Impact Analysis**
**IT Companies / Employers**
* **Impact:** Increased workforce agility, cost optimization, simplified compliance, reduced litigation risk, and access to a verified pool of skilled workers.
* **Action Required:** Implement flexible work arrangements, ensure compliance with new safety standards, establish IGRCs, contribute to the reskilling fund, and utilize the NDUW for hiring.
**IT Sector Employees (including Gig Workers)**
* **Impact:** Enhanced social security coverage, improved workplace safety, protection against discrimination, financial security for gig workers, and career development opportunities.
* **Action Required:** Understand and utilize the new social security benefits, participate in skill development programs, and leverage grievance redressal mechanisms.
**Central and State Governments**
* **Impact:** Streamlined regulatory processes, increased transparency in the IT sector, enhanced workforce inclusivity, and facilitation of sustainable industry growth.
* **Action Required:** Frame rules for flexible work arrangements, establish national safety standards, and ensure effective implementation of the Labour Codes.
Key Entities Referenced
The Code on Wages 2019 (WC): One of the four new Labour Codes in India, aimed at simplifying and modernizing labour laws, and covering wages.
The Industrial Relations Code, 2020 (IR): One of the four new Labour Codes in India, aimed at simplifying and modernizing labour laws, and covering industrial relations.
The Code on Social Security, 2020 (SS): One of the four new Labour Codes in India, aimed at simplifying and modernizing labour laws, and covering social security.
The Occupational Safety, Health and Working Conditions Code, 2020 (OSH &WC): One of the four new Labour Codes in India, aimed at simplifying and modernizing labour laws, and covering occupational safety, health, and working conditions.
India: The country where the Labour reforms apply, impacting the IT sector and workforce.
PIB Headquarters
Labour Reforms & IT Sector: A Modern
Framework for Growth & Welfare
प्रव तथ: 02 DEC 2025 1:45PM by PIB Delhi
Key Takeaways
Workforce flexibility & employment models give employers workforce agility and cost
optimization.
Flexible Work Arrangements, including Work from Home provisions provide a legal
foundation for hybrid and remote work models, ensuring compliance.
Single digital interface for all registrations aligns digitized HR and compliance systems.
Social Security Coverage for Gig and Platform Workers
Legal protection combined with safety norms empowers women professionals to pursue
leadership and international roles.
Modern Labour Rules for a Smarter IT Sector
India’s Information Technology (IT) sector has emerged as a cornerstone of the country’s economic
growth and global competitiveness. Over the past few decades, India has transformed into a global IT
hub, providing software services, digital solutions, and business process outsourcing (BPO) to clients
worldwide.
In order to create a foundation for a future-ready workforce in India, the new Labour Codes viz The
Code on Wages 2019 (WC) , The Industrial Relations Code, 2020 (IR), The Code on Social Security,
2020 (SS), The Occupational Safety, Health and Working Conditions Code, 2020 (OSH &WC), aim
to simplify compliance, promote flexibility, and provide social security to all types of workers, including
contract and gig employees. For IT sector, these reforms are particularly significant as they provide clarity
on wages, fixed-term employment, work-from-home arrangements, and workplace safety standards.
By streamlining regulatory processes, enhancing gender inclusivity, and encouraging digital record-
keeping, the Codes help IT companies manage their workforce efficiently while safeguarding employee
welfare, ultimately contributing to sustainable growth and global competitiveness.Labour Reforms Boost Ease of Doing Business in IT Sector
The IT sector not only generates significant revenue but also creates millions of direct and indirect
employment opportunities, contributing to skill development, innovation, technological advancement.
Given the scale and complexity of the IT workforce, labour regulations play a crucial role in ensuring a
balanced and productive work environment.
Workforce Flexibility & Employment Models
Fixed Term Employment (FTE)- Employers can hire employees for a fixed term with the same
wages, benefits, and social security as permanent workers. This provision allows IT firms to hire
skilled professionals for time-bound projects, pilot programs, or seasonal global assignments
without committing to long-term contracts. It gives employers workforce agility and cost
optimization, aligning employment cycles with project timelines, while retaining access to
experienced talent.Flexible Work Arrangements, including Work from Home- These provisions included in the
Codes enable governments to frame rules for flexible work, home-based work, or remote
employment for specific sectors. Such provisions provide a legal foundation for hybrid and
remote work models, which became standard post-pandemic. It helps IT employers formalize
flexible work, manage liability and working-hour records and ensure compliance even when
employees work remotely- critical for business continuity and global competitiveness.
Flexibility in Working Hours & Women’s Employment- The OSH Code empowers the Central
and State Governments to frame rules allowing women to work in all types of establishments and
during night hours, subject to adequate safety, transport, and rest facilities. IT and ITeS companies
often operate on global time zones requiring 24×7 support and night shifts. This provision
legitimizes night work for women with clear compliance norms, helping firms maintain gender
diversity and meet international service obligations.
Compliance Simplification & Ease of Doing Business
Single Licensing, Registration, and Returns- The Codes introduce single registration, single
return filing, and a single licence valid across India, replacing multiple registrations under different
Acts. For IT companies operating across multiple states or campuses, this reduces compliance
duplication, administrative costs, and bureaucratic delays. A single digital interface for all
registrations (factories, shops, EPFO, ESIC) aligns perfectly with the IT sector’s digitized HR
and compliance systems.
Digitization and Self-Certification- The Codes encourage digitized record-keeping, online filing
of returns, web-based inspections, and self-certification mechanisms. The provisions for
digitization streamline HR audits and enables paperless compliance. IT/ITeS companies- already
technology-driven- can integrate these systems into existing HRMS (Human Resource Management
System) or ERP (Enterprise Resource Planning) platforms, reducing manual errors and inspection
hassles. Self-certification builds a trust-based compliance regime, reducing “inspector raj” and
allowing management to focus on business growth.
Decriminalization of Offences and Introduction of “Improvement Notices”- The Codes provide
for monetary penalties instead of criminal prosecution for minor procedural violations. Employers
get 30 days to rectify non-compliance before penalties apply. Such provisions encourage a
cooperative compliance environment. IT companies dealing with complex employment structures
(onsite–offshore, global mobility) gain relief from fear of criminal charges for inadvertent delays or
technical lapses, enhancing ease of doing business.
Workplace Safety, Standards & Infrastructure
National Occupational Safety Standards and Third-Party Audit Provision- The Codes
empowers the Government to frame uniform national safety standards and allows third-party
certification of establishments. Such provisions will ensure clarity and uniformity in workplace
safety norms- like ergonomic workstations, indoor air quality, or fire safety- across all offices inIndia. Third-party audits will reduce subjective inspections and allow certified IT parks and SEZs
to demonstrate compliance to global clients demanding workplace safety assurance.
Provision for Common Welfare Facilities- Provisions in OSH&WC Code, allow establishments in
the same vicinity or park (e.g., IT SEZs or Tech Parks) to share welfare facilities such as crèches,
canteens or rest areas. These provisions reduce infrastructure duplication and operational costs,
while ensuring statutory compliance. This especially will be useful in large IT campuses housing
multiple companies.
Dispute Resolution & Employee Protection
Simplified Dispute Resolution and Grievance Handling- The Codes provide for establishing
Internal Grievance Redressal Committees (IGRCs) for establishments employing 20 or more
workers; introduce time-bound conciliation and arbitration. This provision will reduce litigation risk
and facilitate quick, in-house resolution of workplace disputes (e.g., termination, pay issues,
harassment complaints). It will also help in maintaining harmony and minimize disruptions in
project delivery or client relationships.
Reskilling Fund for Retrenched Employees- The IR Code, 2020 mandates employers to
contribute 15 days’ wages for retrenched employees to a reskilling fund, which is then paid to the
worker within 45 days. This provision facilitates ethical downsizing during business restructuring or
automation phases. It will enhance corporate image and meets global ESG (Environmental, Social,
Governance) expectations.
Gig Workforce & Unorganised Sector Linkages
Social Security Coverage for Gig and Platform Workers- The Code allows framing of welfare
schemes for gig and platform workers through aggregators’ contributions. The IT firms are
increasingly engaging freelancers and contract professionals for cloud, cybersecurity, and analytics
projects. This provision formalizes such engagements, providing social protection to
freelancers and reducing reputational risk for companies working with large gig workforces.
National Database for Unorganized Workers- The SS Code, 2020 provides for creating a
national digital platform (NDUW) with registration and skill details of unorganized workers.
IT firms can access a verified pool of skilled candidates for non-core tasks (data entry, BPO support,
etc.) without long hiring cycles. This will promote transparent, efficient workforce sourcing and
reduce attrition from unverified temp hiring channels.
How Labour Reforms Empower IT Sector Workers
The labour reforms hold particular importance for India’s rapidly expanding IT sector and its workers. By
combining efficient talent management with stronger worker protections, these reforms drive sustainable
industry growth and elevate India’s competitive position globally.Employment Structure & Job Security
Fixed Term Employment with Equal Pay & Benefits- Fixed-term employees are entitled to the
same wages, allowances, working conditions and statutory benefits (including gratuity on a pro-rata
basis) as permanent employees doing the same work. This provision will enable professionals hired
for project-based assignments to enjoy full employment benefits- EPF, ESIC, gratuity, and leave-
even for short stints. IT workers on fixed-term or contractual projects gain job dignity, continuity of
service benefits, and protection against exploitative contracts.
Formalization through Appointment Letters and Written Terms of Employment- The Codes
provide that every employee must receive a written appointment letter specifying job details,
category, wages, and social security benefits. This provision will provide contractual clarity and
proof of employment- critical for IT staff working across multiple project engagements or through
service providers. It will also prevent disputes on pay, notice period, or service continuity.
Re-skilling Fund for Retrenched Employees- This provision will ensure skill renewal and
employability for those laid off due to automation or restructuring. The fund provides financial
assistance and retraining opportunities in emerging technologies.
Wages, Equality & Non-Discrimination
Timely Payment of Wages and Protection from Unauthorised Deductions- The Codes provide
that wages must be paid within seven days of the following month (for monthly employees), and no
deductions may be made except as legally permissible. The protection now applies to all employees,
irrespective of wage ceiling. These provisions will ensure timely salary credit and transparency
in deductions (e.g., tax, provident fund, or notice pay). This will particularly benefit lower-tier
IT/BPO staff and contractual workers often affected by delayed payments.
Equal Remuneration and Non-Discrimination: Provisions in the Codes prohibit gender-based
discrimination in recruitment, wages, and employment conditions for the same or similar work.
These will promote pay equity in an industry with rising female participation. It encourages
gender-neutral hiring and growth, closing the gender pay gap and strengthening inclusivity across
job roles.Women’s Safety, Inclusion & Work Flexibility
Permission for Women to Work in All Establishments, Including Night Shifts: Provisions in
OSH & WC Code allows women to work in all types of employment, including night hours,
provided safety, transport, and rest facilities are ensured by the employer. Such provisions expand
opportunities for women in global support and development projects that operate across time zones.
Legal protection combined with safety norms empowers women professionals to pursue
leadership and international roles.
Flexible and Remote Work Arrangements: The Code empowers governments to notify rules
enabling flexible working hours or work-from-home arrangements for specific sectors. This
provision will legalize hybrid and remote work- now a defining feature of IT employment. It will
provide formal recognition, ensuring employees retain social security, wage, and leave entitlements
even when working remotely.
Welfare Facilities: Common Crèches and Restrooms: The OSH & WC Code, 2020 mandates
provision of crèches, restrooms, and canteens in establishments, with an option for shared
facilities among multiple employers in the same area. These provisions will encourage family-
friendly work environments in IT parks and SEZs. Women employees benefit from childcare
support, improving work-life balance and career retention.
Social Security, Portability & Gig Workforce Protection
Social Security Coverage for All Workers (Including Gig/Platform Workers): The Code on
Social Security, 2020 has provisions to extend EPF, ESIC, gratuity, and maternity benefits
universally. It introduces welfare schemes for gig and platform workers engaged in digital services.
This provision will expand protection beyond traditional full-time roles to freelancers, IT
consultants, and remote developers. Notably, this ensures financial security and inclusion for the
growing digital gig workforce in tech.
Portability of Benefits via Universal Account Numbers (UAN) and Aadhaar linkage: The SS
Codes provides to establish a centralized database and Aadhaar-linked UAN to ensure portability of
PF, ESIC and other benefits across employers and states. This provision will facilitate seamless
transfer of social security benefits for professionals switching jobs or moving between cities- a
common feature in IT careers. It ensures continuity of service records and simplifies compliance.
Portability and Pan-India ESIC Coverage: This provision in SS Code extends ESIC coverage to
all of India, removing the “notified area” restriction, with portability of medical and insurance
benefits. It will assure access to medical facilities anywhere in India- useful for mobile tech
professionals, remote workers, and relocated employees.
Health, Safety & Workplace Well-being
Annual Health Check-ups and Workplace Safety Standards: OSH & WC Code, 2020 provides
that every employee is entitled to free annual health check-ups. Employers must ensure safe,
healthy, and ergonomic workplaces. Such provisions will protect employees from occupational
health issues like eye strain, back pain, or stress-related ailments common in desk-based work.
Regular health screening and safety audits promote well-being and productivity.
Inclusion of Commuting Accidents under Employee Compensation: As per this provision, the
accidents occurring while commuting to or from the workplace are deemed to arise out of and in the
course of employment. It will facilitate an insurance coverage and compensation for tech employees
who commute long distances or travel to client sites.
Skills & Career DevelopmentRecognition of Skills and National Skill Qualification Framework (NSQF): This provision of
the Code on Wages allows wage fixation based on skill levels certified under the NSQF. Such a
provision will recognize professional skills formally, rewarding certification and skill advancement
with higher pay and career progression. It will also encourage continuous upskilling in new
technologies.
Grievance Redressal & Dispute Resolution
Grievance Redressal and Dispute Resolution Committees: This provision of the IR Code will
create a structured, time-bound system for addressing workplace issues- such as discrimination,
harassment, or wage disputes- internally and efficiently, without fear of retaliation.
Conclusion
The new Labour Codes mark a transformative shift in India's labour framework, offering a balanced blend
of flexibility, protection, and modernization. For the IT sector, one of India’s most dynamic and globally
competitive industries, these reforms strengthen both employer capabilities and employee welfare. By
simplifying compliance, formalizing diverse work arrangements, expanding social security, and enhancing
workplace safety, the Codes create an enabling ecosystem that supports innovation, productivity, and
inclusive growth.
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