On November 21, 2025, the government of India announced the implementation of four labour codes—on wages, industrial relations, social security, and safety and working conditions. Among other aspects, the new codes deserve to be analysed in the context of improving women’s labour force participation.
While India has historically grappled with low female workforce participation and persistent gender gaps, recent years have seen a positive shift. As per the Periodic Labour Force Survey, female labour force participation has increased to 41.7 percent in 2023-24 from 23.3 percent in 2017-18. However, the quality of employment has remained a challenge with self-employment increasing among women to 67.4 percent.
The challenge before policy makers is not just about the number of jobs to be created for women, but also the quality of jobs that respond to their aspirations, dignity and occupational mobility. It implies that several fundamental labour rights of women at work must be protected and promoted through formal, documented and fair employment relations.
The codes make an impressive start with the introduction of new features like mandatory appointment letters, universally-assured wages, flexible work timings, increased wage, safety and health for all workers, universal social security, updated threshold level for statutory compliances and others. Now, these provisions need to be analysed to assess how far they contribute in promoting institutionalisation of gender justice and equality at the workplace.
The four codes collectively lay out a legal ecosystem where not only effective representation of women is protected but also their skill, competency and role are duly recognised. Representation and participation of women at micro structures like bipartite works and grievance redress committees to national and regional advisory bodies are carefully crafted. Though the codes allow representation of women at these forums, that in the negotiating councils envisaged under the industrial relations code is equally important and can be considered while implementing the code.
For example, mandatory appointment letters now include a ‘service record’ for women workers where their social security number, skill category, date of appointment and applicable wages are legal obligations for the employers to mention. Such provisions will also contribute in ensuring upward mobility for women.
The codes have also introduced night shifts for women, which can be a game-changer in expanding female participation. The provisions like pick-and-drop service, camera surveillance, dedicated telephone numbers for emergency, prevention of sexual harassment are crucial for women’s safety at the workplace.
Additionally, the Social Security (Central) Rules, 2026 mandate a register of women employees in Form XXII to be maintained by the employer. This register will cover all information pertaining to maternity entitlement and other employment details of the women employed. It is very crucial for protection of maternity rights of women (permanent or outsourced) as this right has remained most frequently violated with several women facing job loss when they had claimed it.
Are we ready for enforcement?
No doubt, the codes have ushered in a new era of workplace governance from the gender perspective. Effective enforcement of these provisions would certainly attain most elusive goals to ensure an ecosystem of recognition to women’s contribution in India’s growth story and help address the persistent concentration of women in undocumented, low-paid and low-skilled employment.
Several documents like the report by the Committee on the Status of Women (1974), National Perspective Plan for Women (1988-2000) and the National Policy for the Empowerment of Women (2001) had noted that any growth is impossible without addressing these challenges. However, an important question arises: to what extent is our labour governance system prepared to address gender-specific concerns? If our enforcement mechanism is not re-aligned with these goals, all these statutory transformations shall remain only on paper.
The codes alter the premise of the labour inspectorate and commissionerate system into one of ‘educator and enabler’ as well. The onus to implement these laws hinges upon employers as well labour authorities. The codes introduce the concept of ‘inspector cum facilitator’ who have a larger role to play including awareness and sensitisation apart from routine role of inspection. This role is most crucial when the inspector examines the register of women employees or the occupational safety plan for women and transgenders.
To implement these laws effectively, the inspectorate needs to undergo behavioural and attitude change in dealing with gender-sensitive provisions enshrined under the codes. It implies not only an administrative tweak, rather demands a huge structural and philosophical re-alignment within the labour governance system itself.
The new codes see women not merely as ‘productive labour’, but as future leaders. They must be implemented with the spirit of protecting the well-being of women workers, rather than limiting their purview to protect conditions. While state governments are in the process of finalising their rules, it is important to revisit the provisions while keeping in view the ethos of the Constitution. This is the moment for coordinated action between government, industry, civil society and other stakeholders to undertake the joint responsibility of ensuring effective implementation of the codes in an inclusive, transparent and gender-responsive manner.
Ellina Samantroy | Coordinator, Centre for Gender and Labour, V V Giri National Labour Institute
Rohit Mani Tiwari | Labour commissioner, Thiruvanathapuram
(Views are personal)
