The Ministry of Law and Justice enacted the Industrial Relations Code (Amendment) Act, 2026, modifying the repealing provisions of the Industrial Relations Code, 2020. The amendment was published in the Gazette of India on 16 February 2026 and carries retrospective effect from 21 November 2025.
Background
The Industrial Relations Code, 2020 is one of four labour codes enacted by Parliament to consolidate and replace 29 pre-existing central labour statutes. The Code subsumes the Industrial Disputes Act, 1947, the Trade Unions Act, 1926, and the Industrial Employment (Standing Orders) Act, 1946 into a single legislative framework governing trade unions, industrial disputes, standing orders, and conditions of employment in industrial establishments.
The implementation of the labour codes has been a protracted process. While the codes received Presidential assent in 2020, their operationalisation has been staggered, with the Central and State Governments notifying different provisions at different times. The repealing provisions — which specify when the older statutes cease to have effect — are a critical component, as they determine the date from which the new regime governs and the old regime falls away.
The amendment addresses specific issues identified in the repealing and savings provisions of the 2020 Code, ensuring that the transition from the legacy statutes to the new Code proceeds without creating a regulatory vacuum or unintended gaps in worker protections.
Key Provisions
The Industrial Relations Code (Amendment) Act, 2026 introduces the following changes:
Modified repealing provisions: The amendment revises the repealing clauses of the Industrial Relations Code, 2020 to address transitional issues arising from the staggered implementation of the Code's provisions.
Retrospective effect: The amendments are deemed to have come into force on 21 November 2025, despite the Gazette publication date of 16 February 2026. This retroactive application is designed to eliminate any period of legal uncertainty between the intended implementation date and the formal legislative correction.
Gazette publication: The Act was published in the Gazette of India on 16 February 2026, with the legislative process concluding during the Budget session of Parliament.
Continuity of proceedings: The amendment ensures that proceedings initiated under the repealed statutes are not rendered invalid or jurisdictionally defective by reason of the transition to the new Code.
Implications for Practitioners
Labour law practitioners and employers should take immediate note of the retrospective effective date of 21 November 2025. Any industrial disputes, trade union actions, or standing order matters arising after that date may need to be assessed under the amended provisions rather than the original text of the 2020 Code.
Human resource departments and compliance teams in industrial establishments should review their internal policies and procedures to ensure alignment with the modified repealing provisions. The transitional arrangements are particularly relevant for employers who have pending disputes or proceedings under the legacy statutes that were still in force as of November 2025.
Trade union advisors should examine whether the amendment affects any rights or proceedings that were crystallised between November 2025 and February 2026. Retrospective legislation that alters substantive rights can be challenged on constitutional grounds, though amendments to procedural or transitional provisions face a lower standard of judicial scrutiny.