Introduction
India’s labour regulatory framework has undergone its most significant overhaul in decades. By consolidating 29 central labour laws into four comprehensive Codes: the Code on Wages, the Code on Social Security, the Industrial Relations Code, and the Occupational Safety, Health and Working Conditions (OSH) Code, the government aims to modernize the ease of doing business. However, a critical question for legal practitioners and employers alike is whether these reforms truly serve the female workforce. Are these codes really gender-progressive, or do they merely repackage old challenges in new statutory language?
To answer this, we must look beyond the headlines and analyse the shift from “protective discrimination” to “conditional equality.”
1. The Shift from Prohibition to Permission: Night Shifts
Historically, Indian labour laws operated on a philosophy of “protectionism.” This meant barring women from working in certain industries or shifts (specifically night shifts) under the guise of safety. The OSH Code, 2020 fundamentally changes this stance.
It mandates that women shall be entitled to be employed in all establishments for all types of work, including night shifts (typically 7 PM to 6 AM), provided they give their consent. This is a significant legal shift. It removes the statutory barrier that previously prevented women from taking up high-paying roles in manufacturing, logistics, or IT that require 24-hour operations.
While legally progressive, the practicality lies in the “conditions.” Employers must provide adequate safety measures, working hours, and crèche facilities. The challenge for employers and businesses here is the burden of compliance. For smaller firms, the cost of providing private transport and security for a few female employees might outweigh the benefit of hiring them. Consequently, while the law permits night work, economic rationale might discourage it unless the government provides shared infrastructure.
2. Wage Parity: broadening the Scope
The Code on Wages, 2019 attempts to close the gender pay gap by prohibiting discrimination in matters of wages and recruitment. A change has been introduced in the legal terminology which allows for bridging the gender pay gap.
Previous laws mandated equal pay for “same work.” The new Code expands this to “work of a similar nature.” This is a substantive legal expansion of the definition. “Same work” allowed employers to pay women less by slightly altering their job titles or duties. “Work of a similar nature” implies that if the skill, effort, experience, and responsibility are comparable, the pay must be equal.
This provision attacks the root of systemic pay disparity where women are often clustered in lower-paying job titles despite doing work of equal value to their male counterparts. However, enforcing this requires transparent job evaluations, which are rare in the unorganized sector where the majority of women work.
3. Maternity and Social Security: Beyond the Factory Floor
The Code on Social Security, 2020 retains the progressive provision of 26-week maternity leave and expands the definition of “family” to include dependent parents-in-law, acknowledging the social reality of Indian households.
More importantly, it formally recognizes “gig workers” and “platform workers” for the first time. Given that the gig economy (beauty services, domestic work via apps, caregiving) is heavily feminized, this offers an umbrella of protection to millions of women who were previously invisible to the law.
The progressive intent here faces a “hiring penalty.” With the entire cost of maternity benefits borne by the employer (unlike in many Western nations where it is state-shared), many small and medium enterprises (SMEs) view hiring young women as a financial liability. Without a government-supported wage subsidy for maternity leave, this “progressive” law may inadvertently reduce female employability in the private sector.
4. Representation in Dispute Resolution
A less discussed but vital aspect is found in the Industrial Relations Code, 2020. It mandates that Grievance Redressal Committees (GRC) must have adequate representation of women, proportionate to their number in the workforce.
In dispute resolution, the presence of women on the panel is critical because it ensures that grievances, particularly those regarding harassment or gender-specific discrimination, are heard with necessary sensitivity and perspective.
5. The Informal Sector Gap
The litmus test for any gender-progressive law in India is its impact on the informal sector, where over 90% of working women are employed (agriculture, construction, domestic work).
The Codes promise universal minimum wages and social security. However, the mechanism for registering these workers and collecting contributions remains complex. For a female agricultural labourer or a domestic help, the new Codes offer a promise of “portability” of benefits, but without a simplified and accessible implementation mechanism, this promise remains aspirational.
Conclusion: Progressive Intent, Conditional Success
Are the labour codes gender progressive? Yes, in intent and legal structure. They dismantle the archaic “protectionist” approach that treated women as incapable of deciding their own working hours. They broaden the definition of equal work and recognize modern forms of employment like the gig economy.
However, from a practical standpoint, they are conditional.
- Safety Costs: If the cost of “safety” is privatized entirely to the employer, it becomes a tax on hiring women.
- Enforcement: Wage gaps will persist without robust inspection and a cultural shift in how “work of similar nature” is valued.
- State Support: Real progress requires the state to share the cost of social security (maternity), rather than placing it solely on business owners.
The Codes open up vast opportunities to diversify the workforce and legally employ women in roles previously barred. However, compliance policies must be drafted meticulously to ensure that “safety measures” do not become “exclusionary barriers.” The law has opened the door; it is now up to corporate policy and enforcement to walk through it.
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Women, Safety, and Equal Opportunity: Are the Labour Codes Gender Progressive?
Introduction India’s labour regulatory framework has undergone its most significant overhaul in decades. By consolidating 29 central labour laws into four comprehensive Codes: the Code
Sanjay Mishra is a seasoned legal professional and content contributor at LEGALLANDS LLP, bringing deep expertise in corporate law, taxation, and regulatory compliance. With years of experience advising businesses on legal structuring and operational governance, he provides pragmatic insights that blend statutory knowledge with business strategy.
At Legallands.com, Sanjay writes analytical articles on company formation, financial regulation, dispute resolution, and policy reforms, helping readers understand complex legal frameworks in a simplified, practical manner.
His work reflects a strong commitment to clarity, precision, and integrity in legal communication, empowering enterprises to make informed, compliant, and growth-oriented decisions.
Co-author: Prerna
