HR & Labour Laws Insights

New Labour Codes Made Easy

What Every Boss and Employee Must Know | Practical • Powerful • Exceptional

Issue 3/20, June 04, 2026 | Weekly Insights by DSB Law Group - Employment Laws Division

Compliances & Returns Under Various Sectors

Access the structural frameworks and direct links to compliance guidelines under the proposed models for individual ecosystems:

Sector Framework Action Link
Manufacturing SectorClick Here
Trading SectorClick Here
Service SectorClick Here
Establishments with Less Than 10 EmployeesClick Here
Retail SectorClick Here
"A law is valuable not because it is law, but because there is right in it."

Better Leave Encashment Benefits Across India

Will India's New Labour Code Change Employee Leave & Encashment Benefits Forever?

India is moving towards a major transformation in workplace laws through the Occupational Safety, Health and Working Conditions (OSH&WC) Code, 2020. The proposed labour reforms aim to standardise leave policies, simplify HR compliance, and create uniform employee benefits across states. Once fully implemented, the new framework could impact millions of employees, contract workers, factories, offices, and businesses throughout India.

Core Pillars: One Nation One Leave Framework • Better Employee Protection • Transparent Benefits

Key Highlights of the Proposed Labour Code

What Exactly is Changing?

01. Uniform Leave Accrual System

The proposed labour code introduces a standard rule where employees earn 1 day of leave for every 20 days worked. This aims to reduce confusion created by different state-level labour laws and company-specific practices.

02. 30-Day Carry Forward Rule

Employees may carry forward a maximum of 30 days of earned leave into the next year. Any leave accumulated above this threshold may become eligible for encashment.

03. Annual Leave Encashment

One of the most discussed reforms is annual leave encashment. Employees may receive cash benefits for unused leave beyond the prescribed limit, improving financial flexibility.

04. Protection Against Leave Denial

If an employer denies a leave request, the denied leave may continue accumulating beyond the standard 30-day cap. This provision is expected to strengthen employee rights.

05. Exit & Retirement Benefits

Unused earned leave must be compensated completely during instances of resignation, retirement, termination, or in the case of an employee's sudden demise, ensuring fair treatment metrics.

Why This Reform Is Important

Currently, leave laws in India vary significantly from state to state under individual state Shops & Establishments Acts and the legacy Factories Act, 1948. Some states allow higher leave accumulation while others impose stricter restrictions. The proposed labour code aims to create absolute consistency, fairness, and structural clarity for both employees and employers alike.

Who Will Benefit Under the New Rules?

The definitions structurally target operational security layers across the following workforce dynamics:

  • Factory workers
  • Contract employees
  • Fixed-term employees
  • Workers in industrial establishments
  • Employees explicitly covered under the legal definition of a 'worker'

Note: Managerial, administrative, and certain supervisory employees may not fall under the core definition of 'worker' depending entirely on specified salary thresholds and state-level implementation rules.

Challenges & Concerns:
  1. Some states currently allow higher leave accumulation limits of 45-60 days.
  2. Certain employees may feel the new 30-day limit reduces existing benefits.
  3. Implementation timelines differ because many states have not yet finalised rules.
  4. Companies may need to redesign HR policies, payroll systems, and employee handbooks immediately.

How Businesses & HR Teams Can Prepare

HR departments and employers should begin reviewing leave policies, payroll practices, employee contracts, and internal compliance tracking systems. Preparing early can help organizations smoothly transition once the labour codes become operational nationwide.

Current Status of Labour Code Implementation

Although Parliament has already passed the framework for the labour codes, full nationwide implementation is still pending because several states are yet to formally notify their final rules. Until the rollout is completed, most organizations continue following existing legacy labour laws and internal corporate HR policies.

What Employees Should Watch For:

"India's new labour code framework could reshape workplace leave policies for millions of employees. Understanding these reforms today will help employees and organisations stay prepared for tomorrow."

Fixed Term Employment

Fixed-term employment (FTC) is an employment contract in which an organization recruits an employee for a limited, predefined time period. Generally, it is mapped for a duration of one year; however, depending explicitly on functional necessity, the same can be renewed over iterative terms.

In an FTC model, the employee is not placed in the regular permanent employment framework of the company and is positioned exclusively to perform explicit, short-term tasks. In such events, the contract automatically terminates on a specific date or at the technical conclusion of a particular assignment.

Key Features of Fixed Term Employment

  • Employment for a limited duration
  • Written contractual agreements
  • Clearly defined start and end dates
  • Applicable for seasonal or project-based work
  • Performance and productivity oriented
  • Renewable under organizational requirements

Advantages & Disadvantages of FTC

For Employers (Advantages)

  • Flexible workforce management
  • Reduced long-term operational costs
  • Better project staffing capacities
  • Easier expansion during peak demand
  • Direct access to specialized professionals

For Employees (Advantages)

  • Opportunities for continuous skill enhancement
  • Professional networking exposure parameters
  • Diverse experience across industries
  • Easier entry pathways into competitive firms
  • Highly flexible career trajectory options

For Employers (Disadvantages)

  • High employee turnover rates
  • Continuous recruitment and onboarding training costs
  • Reduced overall employee brand loyalty
  • Core knowledge retention challenges

For Employees (Disadvantages)

  • Limited structural job security lines
  • Uncertain long-term career stability
  • Reduced access to long-term employee benefits
  • Psychological stress regarding future employment continuity

Concerns Regarding Fixed-Term Contracts

01. Impact on MSMEs

One of the main concerns of fixed-term employment impacts Small & Medium Enterprises (MSMEs), as they may not opt for formal fixed-term employment rules since they operate with thinner profit margins. Instead, their default choice often leans towards using unstructured contract workers to whom they can provide lower salary brackets.

02. Employer's Absolute Discretion

Under FTC frameworks, employers essentially receive a free hand to execute "hire & fire" operational strategies. Sometimes, this layout forces employees to bear the operational malpractices of employers, rendering unskilled laborers highly vulnerable to unscrupulous actions.

03. Unfair Working Conditions

In many instances, fixed-term workers are not provided with matching working environment conditions compared to permanent status workers. This proves structurally unfair for fixed-term workers who routinely deliver longer operational hours for lesser base compensation metrics.

04. Unfair Dismissal Risk

An FTC's non-renewal or structural expiry is considered a dismissal in the eyes of the law. This implies that any employee working under a fixed-term contract who achieves two or more years of uninterrupted service holds the legal eligibility to lodge a claim for unfair dismissal.

ESIC Patient Feedback System

Government Notification Framework: The Employees' State Insurance Corporation (ESIC) has launched a Centralized Online Patient Feedback System across all ESIC Hospitals and Dispensaries to transform healthcare services and ensure patient-centric healthcare tracking. The system enables Insured Persons (IPs) and direct beneficiaries to share feedback metrics regarding:

Cleanliness of Facilities
Behaviour of Healthcare Staff
Availability of Prescribed Medicines
Overall Service Experience

Key System Features:

Feedback Portals: Feedback can be submitted seamlessly via the SMS Feedback Link sent automatically after availing services, QR Codes made available across OPD premises, or directly via the official ESIC Patient Feedback Portal.