Compliance or Collapse: The Legal Burden on Indian Employers under the New Labour Codes

  • Nipun Jain
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  • Nipun Jain

    Advocate at Punjab, India

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Abstract

The enactment of India’s four consolidated Labour Codes—on Wages, Social Security, Industrial Relations, and Occupational Safety—was heralded as a landmark step towards rationalizing and modernizing the country’s labour law regime. While these reforms aim to simplify compliance and enhance worker welfare, they simultaneously impose a complex and often disproportionate burden on employers, particularly those in the MSME and start-up sectors. The new codes mandate an expanded range of compliance obligations without providing corresponding legal safeguards or procedural protections for employers, who often remain exposed to bureaucratic discretion, penal liability, and operational disruption. This article critically examines the asymmetrical nature of these legal reforms, arguing that the Labour Codes prioritize worker rights at the cost of employer viability and business continuity. The paper explores how the statutory framework lacks provisions for addressing employer grievances, protecting against vexatious claims or strikes, and offering clear dispute resolution pathways. Drawing comparative lessons from jurisdictions like the UK, Canada, and Singapore, the article proposes a balanced labour governance model that recognizes the rights and realities of employers, thereby ensuring regulatory fairness, industrial peace, and sustainable compliance.

Keywords

  • Employer Rights
  • Compliance Burden
  • Labour Governance
  • Regulatory Asymmetry

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1518 - 1533

DOI: https://doij.org/10.10000/IJLMH.1110578

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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