Impact of India’s New Labour Codes on Women Workers’ Protections

1. Overview of India’s new labour codes and gender lens

India’s four labour codes—the Code on Wages, 2019; Industrial Relations Code, 2020; Code on Social Security, 2020; and OSH Code, 2020—merge 29 central laws into one framework, reshaping the labour regime rather than merely updating it.

Women are heavily concentrated in:

• Agriculture and allied work
• Domestic work and home‑based piece‑rate production
• Informal services (care, cleaning, retail, small workshops)

These jobs are often low‑paid, unwritten and outside formal social security. Legal analyses by scholars such as Yashweer Singh and Rohit Bharthuar highlight that women at the margins will feel the effects most strongly.

💡 Key takeaway
The crucial issue is coverage and enforceability—who can realistically claim rights, not only what the law promises.

Core questions for women’s protections:

• Equal pay and non‑discrimination
• Maternity and social security
• Safety, health and night work
• Protection from harassment and retaliation

Because labour is a concurrent subject, Parliament legislates while states set detailed rules on thresholds, night work, crèches and inspections. This can produce uneven protections across states.

⚠️ Key point
Until all states notify rules and implement the codes, women face legal uncertainty, with old laws fading and new rights not yet active.

This article provides general information on Indian labour law and does not constitute legal advice. For case‑specific guidance, consult a qualified lawyer in the relevant state.

2. Areas where the new labour codes may strengthen women’s protections

Code on Wages

• Reaffirms equal remuneration for work of equal value
• Prohibits gender‑based discrimination in wages and recruitment, subject to legal restrictions on specific jobs
• Broader coverage may reach more casual, informal and small‑establishment workers, where women are over‑represented

📊 Data point
Women in India earn about 20–30% less than men on average, even with similar education and experience. Effective enforcement of equal‑pay rules is thus critical.

Social Security Code

• Consolidates maternity benefits and explicitly includes fixed‑term employees, who must get equal benefits during their contracts
• Enables schemes for gig and platform workers (maternity, health, disability), but outcomes depend on future notifications, financing and political will

OSH Code

• Requires separate washrooms and locker rooms for women
• Mandates crèches above prescribed thresholds
• Allows women’s night work with consent and safety measures

These provisions can support women’s participation in manufacturing, IT, logistics and services, including night shifts. Some states are drafting rules on transport, CCTV and secure entry/exit, linking workplace safety with wider public‑safety policies.

Anti‑harassment and non‑discrimination

• General non‑discrimination clauses and references to sexual harassment align with the 2013 POSH Act
• This can reinforce employers’ duties to maintain Internal Committees and treat harassment as a safety and labour‑rights issue

3. Gaps, risks and implementation challenges for women workers

Large groups of women risk remaining outside effective protection because:

• Definitions of “employee,” “gig worker” and “unorganized worker” are vague
• Establishment‑size thresholds exclude small units and households
• Proving employment is hard for dispersed, home‑based workers

Women in garments, handicrafts, food processing and other supply chains may never access promised protections. Supreme Court cases such as State of Karnataka v. Amirbi (2006) and Maniben Maganbhai Bhariya v. District Development Officer, Dahod (2022) show how even anganwadi workers struggle for recognition and gratuity, revealing how fragile protections are for similarly placed women.

⚠️ Key point
Where definitions are ambiguous, the most informal and vulnerable—disproportionately women—lose out.

Industrial Relations Code risks

• Higher thresholds for standing orders and altered dispute‑resolution processes may weaken unions in mid‑sized firms
• Weaker collective bargaining makes it harder to secure:
  • Safe conditions and gender‑appropriate PPE
  • Childcare and flexible hours
  • Effective anti‑harassment mechanisms
  • Paid leave and protection from retaliation

Implementation and digital divide

• Labour inspectorates are understaffed; self‑certification and online compliance are expanding
• Rural and informal women workers often lack phones, connectivity or digital literacy, limiting registration for benefits and online complaints

💡 Key takeaway
Without active outreach and assistance, digital systems can deepen gender exclusion instead of reducing it.

Needed measures include:

• Gender‑responsive state rules (lower thresholds, explicit inclusion of domestic and home‑based workers)
• Awareness drives through self‑help groups, unions and panchayats
• Stronger inspections in high‑risk, female‑intensive sectors
• Formal roles for women’s collectives in drafting rules and monitoring schemes

Conclusion: Making the codes work for women in practice

The new labour codes offer women a mixed package: clearer equal‑pay rules, possible expansion of maternity and social security, and better safety language—alongside serious coverage gaps and weak enforcement that may preserve or deepen inequalities. Initiatives from the Union Budget 2026-27, including training 1.5 lakh multi‑skilled caregivers, and private policy analysis by Investcorpus will influence whether these legal promises turn into real gains for women at the bottom of the labour market.

⚡ Call to action
The Central and State governments, employers, unions and civil society must apply a gender lens to every rule, scheme and inspection—monitoring concrete outcomes, pushing for amendments where needed, and investing in legal awareness so women across sectors can actually use the protections these codes promise.