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GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA
UNSTARRED QUESTION NO. 1527
TO BE ANSWERED ON 12.02.2026
RAISING THRESHOLDS FOR LAY OFFS
1527. SHRI JAGGESH:
Will the Minister of Labour and Employment be pleased to state:
(a) whether Government has assessed the impact of raising the
threshold for prior approval for layoffs, retrenchment and closure
from 100 to 300 workers on employment security and labour
welfare;
(b) whether the new Labour Codes are expected to lead to increased
hiring across MSMEs and labour-intensive sectors such as
manufacturing, textiles, logistics and hospitality;
(c) whether Government has put in place adequate safeguards to
prevent misuse of increased flexibility provided to establishments
employing fewer than 300 workers; and
(d) if so, the details thereof?
ANSWER
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SUSHRI SHOBHA KARANDLAJE)
(a) to (d): The Central Government has implemented the four Labour
Codes — the Code on Wages, 2019, the Code on Social Security, 2020
(CoSS), the Industrial Relations Code, 2020 (IR Code), and the
Occupational Safety, Health and Working Conditions Code, 2020
(OSH&WC Code) — with effect from 21st November 2025. The Codes
consolidate 29 legislations into 4, thereby reducing compliance
burden.
Under the Industrial Relations Code, the provisions of
Chapter-X, which contain Special Provisions relating to Lay-off,
Retrenchment and Closure in Certain Establishments, apply to an
industrial establishment where not less than three hundred workers
were employed on an average per working day in the preceding
twelve months. These provisions apply to specified industrial
establishments such as factories, mines and plantations as outlined
in section 77(3) of the Code.
Contd..2/-:: 2 ::
The Code provide for single registration, licensing and
return, reduce multiplicity of definitions & authorities, facilities use
of technology, bring transparency & accountability in enforcement,
which will promote setting up of more enterprises and incentivize
economic growth and quality employment generation.
Simultaneously, it strengthens the protection available to workers,
including unorganized workers and promotes formalisation of
workforce.
The Code also provides important safeguards for
employees in the form of mandatory notice period, retrenchment
compensation and provision for retrenched workers to be given
preference in re-employment. The Code introduces Workers Re-
Skilling Fund for retrenched workers for the first time with a view to
providing financial support to help workers transition to new
employment.
The code also prescribes penalties for violation of any
provisions of the code including those related to retrenchment, lay-
off and closure. Dispute resolution mechanisms through industrial
tribunals also remain available.
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