Impact Of The Industrial Relation Code 2020 On The Trade Union In India: A Critical Study

Abstract

In 2020, India implemented a complete overhaul of its labour laws concerning trade unions, industrial discourse, and employees' rights with the Industrial Relation Code. The purpose of this research paper is to critically analyze the most significant elements of the Code, as they pertain to: recognizing trade unions; providing fixed terms to employment contracts; establishing standing orders; defining what constitutes unfair labour practices; providing workers with the right to strike; and providing a requirement of social dialogue within the provisions of the Drafting Legislation. The study will examine how these provisions will impact the registration of trade unions, the ability of trade unions to collectively bargain, the nature of contractualisation in the workforce and how flexible the labour market can be. The decline in political representation by employees and the increasing power imbalance between employers and employees is evident by the rising number of informal employees and the declining participation of developing groups in trade unions. For these reasons, the recommendations provided to Central, State and Employers' Representatives include increasing membership of informal workers in trade unions; improving grievance resolution systems; and increasing the use of employment generation skills training programs. These measures will act to improve the partnership between employers and employees, while also being in addition to the Industrial Relation Code.