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Employer Flexibility Versus Worker Protection: A Critical Analysis Of The Industrial Relations Code, 2020




Atul Kumar Kharwar, Research Scholar, Department of Law, Central University of Punjab, Bathinda, Punjab

Dr. Ravinder Kaur, Assistant Professor, Department of Law, Central University of Punjab, Bathinda, Punjab


ABSTRACT


In India, the labour reform has been done by consolidating 29 laws into four new labour Codes. The purpose of these reforms is to simplify regulations, promote businesses, and create more jobs and also to provide protection of employment to workers. However, a debate has been stated whether this reform does balance between the needs of employers and the rights of workers. This research paper places these reforms in the context of the historical development of Indian labour jurisprudence, which has traditionally made balances between workers’ rights and regulatory body. Previous labour laws system was complex and of without proper enforcement but it provided significant institutional safeguards for workers.


The research paper does a critical analysis of the changes introduced by the Industrial Relations Code 2020. In the research paper, an attempt is made find whether the Code recalibrates the balance between employer flexibility and workers’ job security, and whether it affects collective bargaining and trade union autonomy. The paper also does a comparative doctrinal analysis of reform under the Code and previous laws such as the Industrial Disputes Act, 1947 and the Trade Unions Act, 1926.


Keywords: Labour Law Reforms, Industrial Relations Code 2020, Workers’ Rights, Trade Union, Collective Bargaining, Employment Protection.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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