India: Employment and HR

The webinar, ‘Investing in India – Industrial Relations’, hosted by Khaitan & Co, explained to foreign investors and their advisors why industrial relations matter in India, along with guidance on the key applicable legislations and the practical challenges for foreign investors.

On May 8, 2026, the Ministry of Labour and Employment notified the Model Standing Orders, 2026 (“Model Standing Orders 2026”) under Section 29(1) of the Industrial Relations Code, 2020 (“IR Code”). The notification supersedes the earlier Industrial Employment (Standing Orders) Central Rules, 1946 insofar as they related to model standing orders, and prescribes separate model standing orders for the mining, manufacturing and services sectors.

In a recent ruling, the Division Bench of the Bombay High Court, Nagpur Bench (“Bombay HC”) in Dr. Meenakshi Muthiah v. State of Maharashtra1, observed that the right to maternity leave is an integral facet of a woman’s fundamental right to life under Article 21 of the Constitution of India,1950 (“Constitution”) and cannot be curtailed by service bonds, contractual obligations, or administrative instructions. The Bombay HC emphasised that maternity leave cannot be treated as a break in service and that penalising a woman for availing maternity leave would undermine the dignity of motherhood and the constitutional mandate of social justice.