The Industrial Employment (Standing Orders) Act, 1946 and Chapter IV of The Industrial Relations Code, 2020: Analysing the Legislative Framework and Highlighting the Practical Paradoxes

Abstract

The purpose of writing this paper is to legally analyze the legislative framework of the Industrial Employment (Standing Orders) Act, 1946 (“IESO Act”) and Chapter IV of the Industrial Relations Code, 2020 (“new IRC legislation”). After analyzing the legislative framework, this paper aims to critique the practical challenges with implementation of provisions of the Acts. Furthermore, this paper will also delve into the paradoxical nature of the Acts which aim to further employee protection against arbitrary employer actions with regards to the conditions of service but in reality, it just maintains “status quo” and doesn’t effectively bridge employer and employee relations. Lastly, this paper will outline possible solutions to these glaring issues under the Act by keeping the workers interests as a priority. This paper contributes to the field by presenting a policy-oriented approach by proposing actionable reforms that are imminent in order to ensure worker protection from employer arbitrariness. The paper will strongly argue that unless these reforms aren’t adopted in the new IRC legislation, the legacy of the paradox will continue to subsist. Therefore, this paper will serve as a critical intervention arguing that a reform of the standing orders is crucial in ensuring industrial harmony and protection of workers from arbitrary employer actions.