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GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA
UNSTARRED QUESTION NO. 3136
TO BE ANSWERED ON 19.03.2026
SAFEGUARDS FOR WORKERS’ RIGHTS
3136. SMT. JEBI MATHER HISHAM:
Will the Minister of Labour and Employment be pleased to state:
(a) whether Government has addressed concerns that the new Labour
Codes dilute workers' rights through expanded hiring-firing
flexibility and restricted collective bargaining and if so, the details
thereof;
(b) whether Government has reviewed expert observations on raised
layoff/closure thresholds weakening job security and if so, the
details thereof;
(c) whether any safeguards have been incorporated in the Labour
Codes to prevent fixedterm employment from becoming a large-
scale contractualisation tool and if so, the details thereof; and
(d) whether structured consultations have occurred with worker
organisations on unresolved Labour Code concerns, current
status and outcomes?
ANSWER
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SUSHRI SHOBHA KARANDLAJE)
(a) to (d): Under the Industrial Relations Code, establishments with
less than 300 workers are not required to obtain prior permission of
the appropriate Government for lay-off, retrenchment or closure.
However, statutory safeguards in the form of mandatory notice
period, retrenchment compensation and provision for retrenched
workers to be given preference in reemployment are applicable for
all retrenched workers irrespective of threshold. The Code also
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.
For the first time, the Negotiating Unions/ Negotiating
Councils have been given statutory recognition to strengthen
collective bargaining.
Contd..2/-:: 2 ::
Fixed-term employees are entitled to the same wages,
allowances, statutory benefits and working conditions as permanent
workers doing similar work. They are also eligible for gratuity on a
pro-rata basis after completing one year service.
The Government has held consultations with
stakeholders, including employers’ organisations, workers’
organisations and State Governments, during the formulation of the
Labour Codes and the subsequent drafting of rules. Draft rules under
the Codes have also been placed in the public domain inviting
comments and suggestions.
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