Imbalancing Act: India's Industrial Relations Code, 2020

失衡之举:印度2020年工业关系法典

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Abstract

The ruling National Democratic Alliance regime in India pushed through three labour codes in September 2020 namely the Code on Social Security; Occupational Safety, Health and Working Conditions Code; and the Industrial Relations Code. These alongside the Code on Wages approved earlier in 2019 amalgamate several labour laws. This study is an endeavour towards a critical examination of the Industrial Relations Code, 2020. It engages in a comparative analysis of the various provisions of the Code vis-à-vis the laws which were its predecessors. Some key features of the Code as well as their ramifications are probed. Further, their potential impact on trade unionism and the right to strike is discussed. The relationship between capital and labour is adversarial rather than complementary. This paper argues that reforms in the real sense must seek to balance the interests of both parties rather than that of employers alone.

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