Labour Codes Encounter Compliance Challenges Due to State Law Overlaps
Labour Codes face friction from state law overlaps, says experts
Business Standard
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Experts warn that overlaps between India's Labour Codes and state-specific Shops and Establishments Acts could lead to compliance uncertainty for businesses, especially those operating in multiple states. Variations in working hours, leave, and overtime regulations complicate adherence to both central and state laws.
- 01Overlaps between Labour Codes and state laws create compliance uncertainty for businesses.
- 02State-specific regulations on working hours, leave, and overtime differ significantly.
- 03The Labour Codes came into effect in November 2025, but final rules are still pending.
- 04Industry associations are seeking clarifications from the labour ministry regarding these overlaps.
- 05Employers may adopt more conservative standards to mitigate legal risks.
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Experts are raising concerns about the compliance challenges posed by overlaps between India's Labour Codes and state-specific Shops and Establishments Acts. The Labour Codes, which establish a broad framework for employment regulations, differ in key areas such as working hours, leave entitlements, and overtime provisions compared to state laws. This discrepancy creates uncertainty for companies, particularly those operating across multiple states, as they must navigate varying standards. Pooja Ramchandani, a partner at Shardul Amarchand Mangaldas & Co., emphasized that the dual compliance requirement could lead to either excessive compliance costs or increased risks of non-compliance. The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) also overlaps with state laws, causing further confusion regarding worker classifications and entitlements. With the Labour Codes implemented in November 2025 but final rules still pending, businesses are left in a state of flux. Industry leaders, including Ankur Jain from PwC India, noted that while the Codes allow for a maximum of 48 working hours per week, some states enforce stricter limits, complicating work schedule planning. As companies await clarifications from the labour ministry, many are likely to adopt more employee-friendly policies to mitigate legal risks, even if it results in higher compliance costs in the short term.
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The overlapping regulations may lead to increased compliance costs for businesses, affecting their operational efficiency and potentially impacting employment practices.
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