Industrial Relations Code (Amendment)
Bill, 2026 Passed by Parliament
Parliament has passed the Industrial Relations Code
(Amendment) Bill, 2026. This bill aims to clarify the ambiguity surrounding the
repeal of previous labor laws after the implementation of the Industrial
Relations Code, 2020. According to the government, this amendment will address
practical difficulties in the interpretation and implementation of industrial
laws.
Other Related Information
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This bill to amend the
Industrial Relations Code, 2020 was introduced on February 11, 2026.
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The Lok Sabha and Rajya
Sabha passed the Industrial Relations Code (Amendment) Bill, 2026 on February
12, 2026.
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This bill clarifies that
the three previous Acts replaced by the Industrial Relations Code, 2020 will be
deemed repealed from November 21, 2025.
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The government states
that the amendment aims to prevent future legal complications related to the
repeal provisions.
Key Provisions of the Amendment
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The Bill replaces Section
104(1) of the Industrial Relations Code, 2020.
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Section 104(1) of the
Industrial Relations Code, 2020 outlines the repeal and saving provisions,
which specified that the Central Government may notify the repeal of the Trade
Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the
Industrial Disputes Act, 1947.
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The amendment clarifies
that the repeal took effect by 'commission of law' from the date notified under
Section 1(3) of the IR Code (i.e., November 21, 2025), and not through
executive delegation.
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It also eliminates the
possibility of confusion that the power of repeal was vested in the executive.
Industrial Relations Code, 2020
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This is a major labor law
reform that consolidates and replaces the following three central laws:
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The Trade Unions Act,
1926: which dealt with the registration and recognition of trade unions.
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The Industrial Employment
(Standing Orders) Act, 1946: which regulated the conditions of employment in
industrial establishments.
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The Industrial Disputes
Act, 1947: which governed the investigation and settlement of industrial
disputes.
Key Features of the Industrial Relations
Code, 2020
Expansion of Definitions
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Worker: To ensure that
more workers have access to basic labor rights, an inclusive definition of
'worker' has been introduced. The definition of worker now explicitly includes
sales promotion employees, working journalists, and supervisory staff earning
up to ₹18,000 per month.
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Strike: Its definition
has been expanded to include “mass casual leave” taken by 50% or more of the
workers on a single day.
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Fixed-Term Employment
(FTE): It formally introduces time-bound contracts where workers are entitled
to the same wages and benefits as permanent employees, including pro-rata
gratuity after one year of service.
Higher Compliance Thresholds
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Standing Orders: Only establishments
with 300 or more workers (increased from 100) are required to prepare formal
standing orders governing the terms of employment.
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Layoffs and
Retrenchments: Establishments with 300 or more workers are now required to
obtain prior permission from the government for layoffs, retrenchments, or
closures.
Trade Union Recognition
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It provides for a
“Negotiating Union” or “Negotiating Council.” A union with 51% membership gains
sole bargaining rights; if no union achieves this, a council is formed consisting
of unions with at least 20% membership.
Worker Re-Skilling Fund
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A new requirement for
employers to contribute an amount equivalent to 15 days' wages for each
retrenched worker to help them upgrade their skills for future employment.
Dispute Resolution
- Two-member industrial tribunals (one judicial and one administrative member) will be established in place of single-member tribunals.
- A 60-day notice period for strikes and lockouts has now been made mandatory in all industries, including public utilities.