Labour Codes, ILO Conventions & Worker Rights (Prelims 2026 Focus)

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🔹 I. Labour Codes 2020 (Simplified Overview)

The four Labour Codes (2020) consolidate 29 existing labour laws to simplify compliance, improve ease of doing business, and expand social security.

Code	Key Provisions	Concerns
1. Code on Wages (2019)	Universal minimum wage for all workers, including unorganised and gig workers; gender-neutral “equal pay for equal work.”	State discretion on wage fixation; weak enforcement for gig/informal workers.
2. Code on Social Security (2020)	Integrates EPFO, ESIC, maternity, gratuity, gig and platform worker welfare. Introduces National Social Security Board.	No clear funding for gig workers; employer loopholes.
3. Occupational Safety, Health and Working Conditions (OSHWC) Code (2020)	Common safety standards for factories, mines, docks, etc.; mandatory health checks; working hour limits.	Inspector shortage; excludes small units (fewer than 10 workers).
4. Industrial Relations Code (2020)	Governs strikes, layoffs, and trade unions. Firms up to 300 workers can lay off without prior govt. approval.	Curtails union powers; risks mass contractualisation.

🧭 UPSC Keywords:

“Labour formalisation,” “Ease of doing business vs Ease of living for workers,” “Tripartism,” “Universal Social Security.”

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🔹 II. ILO Conventions (Core Labour Standards)

Convention	Theme	India’s Status	Relevance
C29 (1930)	Forced Labour Convention – prohibits all forms of forced or compulsory labour.	✅ Ratified (1954)	Still violated via bonded, child, and informal labour.
C87 (1948)	Freedom of Association and Protection of the Right to Organise.	❌ Not ratified	India restricts trade union registration; gig workers lack collective rights.
C98 (1949)	Right to Organise and Collective Bargaining.	❌ Not ratified	Needed to strengthen collective bargaining for gig/platform workers.
C155 (1981)	Occupational Safety and Health Convention.	❌ Not ratified	OSHWC Code 2020 reflects some provisions, but enforcement weak.
C195 (2000)	ILO Recommendation on Human Resources Development (Education, Training & Lifelong Learning).	⚙️ Not binding (Recommendation)	Aligns with Skill India and Digital India goals.

🧠 Note: India has ratified 6 out of 8 ILO Core Conventions, but not the key ones on freedom of association and collective bargaining.

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🔹 III. e-SHRAM and Gig Worker Policies

Scheme / Initiative	Year	Objective	Challenges
e-SHRAM Portal	2021	National database for unorganised workers; provides accidental insurance of ₹2 lakh under PM Suraksha Bima Yojana.	Poor registration in remote areas; low awareness; digital exclusion.
Gig & Platform Worker Coverage (under Code on Social Security, 2020)	2020	First-time recognition of gig workers (Swiggy, Ola, etc.) for social security benefits.	No employer contributions or grievance redress; only registration benefit.
National Career Service (NCS)	2015	Digital employment exchange for job matching and skill alignment.	Needs AI ethics oversight to prevent bias.

🧭 Keywords for UPSC:

Digital inclusion, informalisation, social security coverage, gig economy regulation, future of work.

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🔹 IV. Constitutional Safeguards for Labour

Article	Provision	Labour Relevance
Article 14	Equality before law.	Prohibits discriminatory labour practices.
Article 15	Non-discrimination on grounds of religion, race, caste, sex.	Protects female & Dalit workers.
Article 19(1)(c)	Right to form associations or unions.	Basis of trade union rights.
Article 21	Right to life includes right to livelihood (Olga Tellis Case, 1985).	Foundation for fair wages and safe work.
Article 23	Prohibits forced labour and trafficking.	Used to combat bonded and exploitative work.
Article 41	Directive Principle – Right to work, education, public assistance.	Supports state welfare measures (e-SHRAM, MGNREGA).
Article 42	Humane working conditions and maternity relief.	Mandates maternity laws and safety codes.

🧭 Link with Mains GS 2:

“The Constitution guarantees dignity of labour through Fundamental Rights and Directive Principles. Yet, informalisation persists — Discuss.”

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🔹 V. Sustainable Development Goal 8 (SDG-8)

Goal: Promote sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.

Target	Key Focus	India’s Progress
8.3	Support job creation & entrepreneurship.	Start-Up India, MUDRA Yojana.
8.5	Achieve full & productive employment and equal pay for equal work.	Wage Code 2019 aims to address this.
8.7	End forced labour, modern slavery & child labour.	India has highest modern slavery count (2024).
8.8	Protect labour rights and promote safe work environments.	OSHWC Code; enforcement gap remains.

🧠 Keywords for Mains:

“Decent work,” “Just transition,” “Inclusive growth,” “Human capital development.”

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📘 UPSC Mains Integration (GS Paper 2 & 3)

Q. The consolidation of India’s labour laws under the Labour Codes 2020 aims at simplification and compliance ease. Examine how these codes balance employer flexibility with worker protection in light of ILO standards and constitutional provisions.

(250 words)

Q. Discuss the challenges of extending social security to gig and informal workers in India. How does the e-SHRAM portal attempt to address these gaps?

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🧭 Summary Cheat Lines (For Prelims Quick Recall)

• 4 Labour Codes = 29 laws → Simplification drive (2019–20).

• ILO Conventions 29 & 105 → Forced labour; India ratified 29, not 105.

• ILO Conventions 87 & 98 → Not ratified — union freedom lacking.

• e-SHRAM = First digital registry of informal workers.

• Article 23 = Prohibits forced labour; Article 42 = humane conditions.

• SDG-8 = Decent work and economic growth.