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Welcome to the tenth edition of the e-Bulletin (Volume VII) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co. This e-Bulletin covers regulatory developments (including those relating to the upcoming labour codes), case law updates and insights into industry practices that impact businesses from a sector agnostic standpoint.
In this section, we help you in understanding the developments that have taken thus far on the implementation of the 4 labour codes on wages, social security, industrial relations, and occupational safety, health, and working conditions, which received the Presidential assent between the years 2019 and 2020.
Broadly speaking, the labour codes, which aim to consolidate and consequently replace 29 Central labour laws, are yet to be brought into force, barring provisions relating to:
Moreover, even if the codes are fully brought into effect, the same would require the issuance of rules, schemes, and notifications of the relevant governments so as to have a comprehensive revised compliance regime.
Under the labour codes, the 'appropriate government' for an establishment can be the Central Government or the state government, depending on the nature of its operations or the existence of multi-state operations. Such appropriate government has the power to inter alia issue rules detailing some of the substantive aspects broadly set out under the codes and also prescribing procedural compliances such as filings, maintenance of registers, etc. In the past year, several key industrialised states such as Haryana, Delhi, Maharashtra, Gujarat, Andhra Pradesh, Telangana, Tamil Nadu, and Karnataka released draft rules under some or all of the labour codes for public consultation. As of now, 4 out of a total of 36 states and union territories are yet to publish draft rules on the code on wages, while 5 states have not released draft rules on code on industrial relations, social security and occupational safety, health and working conditions.
In the case of Indian Federation of Application-Based Transport Workers (IFAT) v Union of India and Others Writ Petition (Civil) Number 1068 of 2021, the Supreme Court while addressing concerns regarding the delay in implementing the Code on Social Security, 2020, has directed the Central Government to file an affidavit specifying the timeline for the implementation of the Code on Social Security, 2020.
Recently, the Ministry of Labour and Employment has formed an internal committee with an intent to push the Indian states to ensure alignment in the existing laws with the labour codes and thereby fast track the implementation of the labour codes. Such an attempt has been put forth to "improve on the ease of doing business, attract investments and facilitate job creation".
Regulatory Updates
In this section, we bring to your attention, important regulatory developments in the form of notifications, orders, bills, amendments, etc. witnessed in the past one month in the context of employment and labour laws. Maharashtra promulgates the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) (Amendment) Ordinance, 2025 The government of Maharashtra promulgated the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) (Amendment) Ordinance, 2025 in the Official Gazette on 1 October 2025 amending the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. We have covered these aspects in detail in our ERGO dated 9 October 2025 which may be accessed here.
Certain states introduce guidelines concerning employment of female workers during night shifts
In the past one month, the governments of Puducherry and Meghalaya have issued notifications concerning the guidelines to be adhered to as regards employment of women workers during night shifts. Set out below is a short summary of these updates:
- Puducherry: The government of Puducherry through a notification dated 6 October 2025 has set out certain guidelines to be adhered by factories located in Puducherry under Section 66 of the Factories Act, 1948 (restrictions on employment of woman workers) and have prohibited employers from engaging women workers from 10 PM to 5 AM.
- Meghalaya: The government of Meghalaya through a notification dated 26 August 2025 has exempted shops and commercial establishments from the applicability of Section 6 (closing of shops) and Section 8 (restrictions on employment of woman workers) of the Meghalaya Shops and Establishment Act, 2003, allowing women to work in night shift (i.e., after 7 PM) and for the establishment to be open 365 days of the year, until 31 December 2025. These conditions, among others, include the employer to:
The conditions for employing women employees in night, among others, includes the obligation on the employer to ensure safety and security of the women workers, specifically as regards the employees reaching home after their shift.
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