On December 31, 2025, the Ministry of Labour & Employment officially pre-published the draft rules for all four Labour Codes. While the headlines are screaming about salary structures, few are talking about the process itself.
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For HR leaders, understanding this specific phase of legislation is critical. We are currently in the "Pre-Publication Window." This is the final procedural step before the law becomes enforceable.
Following is a breakdown of what "Notification" actually means, how the 45-day window works, and the exact roadmap to the likely April 1, 2026 implementation.
1. The Mechanics: What Does "Pre-Publication" Mean?
In Indian administrative law (specifically under Section 23 of the General Clauses Act), before the government can enforce a new rule that affects the public, it must share a "Draft" version.
This is not the final law yet. It is a "Proposal."
The Objective: To invite objections and suggestions from stakeholders (Employers, Unions, and the General Public).
The Status: These rules are currently "open" for debate. They are not yet binding compliance requirements, but they signal the government's final intent.
2. The Feedback Countdown: 30 Days vs. 45 Days
Unlike previous notifications, the Ministry has set different timelines for feedback depending on the Code. Stakeholders must be vigilant about these two distinct deadlines:
The "30-Day" Deadline (Industrial Relations Code): For the Industrial Relations Code, 2020, the window is tighter. Stakeholders have only 30 days from the date of publication to submit objections. This is critical for manufacturing units and unions, as this Code governs strikes, lockouts, and Standing Orders.
Deadline: January 30, 2026 (Estimated).
The "45-Day" Deadline (Wages, OSH, Social Security): For the remaining three codes—Wages, Social Security, and OSH—the Ministry has provided a standard 45-day window.
Deadline: February 14, 2026 (Estimated).
HR Takeaway: Prioritize your review of the IR Code immediately. You have two weeks less to respond to critical changes regarding "Fixed Term Employment" and "Trade Union Disputes" compared to the Wage Code.
3. The Roadmap: From "Draft" to "Gazette"
What happens after the 45 days are over? Here is the procedural timeline we can expect:
Step 1: Review of Suggestions (Late Feb 2026) The Ministry will compile all feedback. A technical committee (often tripartite, involving unions and employer bodies) will review the validity of the objections. Minor tweaks might be made - for example, clarifying the "Retaining Allowance" definition.
Step 2: Legal Vetting (Early March 2026) The revised final draft goes to the Ministry of Law & Justice for "vetting" to ensure it doesn't contradict the parent Act (The Code on Wages, 2019).
Step 3: The "Final Notification" (Mid-March 2026) This is the game-changer. The government will publish the Final Rules in the Official Gazette.
Step 4: The "Appointed Date" (April 1, 2026) The notification will carry a specific date of enforcement. Given the financial year cycle, April 1 is the logical target.
4. The "Transition Period" Clause
A key procedural detail in the recent notification is the "Savings & Repeal" clause. The Ministry has clarified that until the Final Rules are gazetted, the existing rules (under the Minimum Wages Act, 1948, etc.) remain in force.
HR Takeaway: Do not switch your payroll software to the new logic today. We are in a transition phase. You must continue compliance under the old acts until the specific "Appointed Date" is notified.
5. Why This Notification is Different
We have seen draft rules before (in 2020 and 2021). Why is this one serious?
Consolidation: This notification covers all four codes simultaneously.
State Alignment: Several major industrial states have already pre-published their state-level rules, signaling a coordinated Centre-State rollout.
Conclusion
The "45-Day Window" is not just a formality; it is the final countdown. For HR professionals, this period should be used not just for reading the news, but for engaging with industry bodies (like CII, FICCI, or local Federations) to ensure our practical challenges are heard before the window closes in mid-February.
Disclaimer: The information provided in this article is for general informational purposes only and is based on the draft notification available as of the date of publication. It does not constitute legal advice or professional consultation. Readers are advised to consult with legal counsel or compliance experts before taking any business decisions based on the draft rules. The author or the platform assumes no liability for any actions taken based on this content.
By HR Mit - A HR Professional.
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