Impact of New Labour Codes on Startups and New-Age Companies
Khusbu Agrawal
Khusbu Agrawal (the “Valuer”) is a Fellow Member of the Institute of Company Secretaries of India (ÏCSI) having membership No. F11833. The Valuer is registered with the Insolvency and Bankruptcy Board of India (Registration No. IBBI/RV/03/2021/14393) to undertake the Valuation of Securities and Financial Assets of the Companies. She has more than 8 years of experience in Corporate law, merger & acquisitions. She has also done LLB, Master’s in Commerce and Master’s in journalism & Mass Communication. Further, Ms. Khusbu Agrawal has done post qualification course i.e. Certificate Course on Intellectual Property Rights conducted by ICSI. She is a qualified Independent Director and Social Auditor.
India’s labour law landscape is undergoing one of the most significant transformations since Independence. The consolidation of numerous fragmented labour statutes into four comprehensive Labour Codes represents a structural shift in how employment relationships are regulated. While the stated objective of these reforms is to simplify compliance and enhance ease of doing business, their implications are particularly nuanced for startups and new-age companies. These entities, characterised by lean teams, rapid scaling, flexible work arrangements, and evolving business models, experience the Labour Codes not merely as legal reforms but as operational inflection points.
Unlike traditional enterprises, startups often operate in conditions of uncertainty—uncertain revenues, dynamic workforce sizes, and fluid organisational structures. The new Labour Codes, therefore, have a dual impact: they introduce long-term clarity and standardisation, while simultaneously imposing short-term compliance and cost challenges that startups must strategically navigate.
Structural Simplification Versus Compliance Reality
At a conceptual level, the consolidation of multiple labour laws into unified codes promises simplicity. Startups, which typically lack large legal or HR departments, stand to benefit from a reduced legislative maze. The shift from numerous Acts to fewer Codes allows founders to understand employment obligations more holistically, rather than law by law.
However, simplification of statutes does not automatically translate into ease of compliance. The Labour Codes are framework laws, and their practical implementation depends heavily on rules notified by both the central and state governments. For startups operating across multiple states or employing remote workers nationwide, this creates a layered compliance structure. Instead of tracking dozens of Acts, startups must now monitor evolving state-specific rules under each Code, which can be equally demanding in the short term.
Redefinition of “Employee” and Its Startup Implications
One of the most consequential aspects of the new Labour Codes is the expanded and clarified definitions of “employee” and “wages.” Startups frequently engage individuals as consultants, gig workers, interns, or fixed-term employees to retain flexibility and manage cash flows. The revised wage definition, which caps allowances and mandates a higher basic wage component, directly impacts payroll structuring strategies commonly used by new-age companies.
For startups, this change increases statutory contribution liabilities under the provident fund and gratuity frameworks. Compensation models designed to maximise take-home pay through allowances may now require restructuring, potentially increasing overall employment costs. While this enhances social security coverage for workers, it forces startups to revisit cost projections, hiring plans, and long-term sustainability models.
Fixed-Term Employment and Workforce Agility
Startups thrive on agility, and the formal recognition of fixed-term employment under the new Codes aligns well with their operational needs. Fixed-term contracts allow startups to hire talent for specific phases—product development, market entry, or fundraising cycles—without the long-term obligations associated with permanent employment.
Importantly, fixed-term employees are now entitled to statutory benefits on a pro-rata basis, including gratuity. While this ensures fairness, it also introduces additional cost layers that startups must factor into short-duration hiring decisions. The balance between flexibility and cost efficiency becomes a strategic HR consideration rather than merely a legal one.
Industrial Relations Code and Termination Thresholds
The Industrial Relations Code introduces revised thresholds for government approval in cases of layoffs, retrenchment, and closure. For startups experiencing volatile growth patterns, this has mixed implications. On one hand, higher thresholds provide breathing room for smaller enterprises to restructure without excessive procedural delays. On the other hand, startups crossing these thresholds—often sooner than expected due to rapid scaling—may suddenly find themselves subject to stringent industrial relations obligations.
This creates a “compliance cliff” effect. A startup that grows from 80 to 120 employees may face a fundamentally different regulatory regime overnight. Strategic workforce planning, therefore, becomes critical. Hiring decisions must be aligned not only with business needs but also with regulatory thresholds to avoid unintended compliance burdens.
Social Security Expansion and Cash Flow Pressure
The Code on Social Security significantly broadens the scope of coverage, including provisions for gig workers and platform-based employment—categories central to many new-age business models. While the intent is progressive, its financial implications for startups are substantial.
Mandatory contributions toward the provident fund, Employees’ State Insurance, and potentially new social security schemes increase fixed costs. For venture-funded startups prioritising growth over immediate profitability, this can strain cash flows. Early-stage companies, in particular, may face difficult trade-offs between expanding teams and conserving capital. Over time, however, structured social security systems may reduce attrition and improve workforce stability, indirectly benefiting startups through lower replacement costs.
Occupational Safety Code and Remote Work Realities
The Code on Occupational Safety, Health, and Working Conditions introduces uniform standards for workplace safety and welfare. While traditionally associated with factories and physical establishments, its relevance to startups cannot be underestimated. Even technology-driven companies operating from co-working spaces or hybrid offices must comply with registration, safety, and welfare provisions.
The rise of remote and hybrid work models further complicates compliance. Startups must reinterpret workplace safety obligations in the context of home offices and distributed teams. This pushes founders to adopt formal HR policies, documentation practices, and risk assessments earlier in the company’s lifecycle than was previously common.
Cultural Shift from Informality to Institutionalisation
Perhaps the most profound impact of the Labour Codes on startups is cultural rather than legal. India’s startup ecosystem has long thrived on informality—handshake agreements, flexible roles, and evolving job descriptions. The new Labour regime nudges startups toward institutionalisation: documented policies, structured payrolls, defined grievance mechanisms, and compliance calendars.
While this may appear burdensome initially, it contributes to long-term credibility. Startups seeking global investors, cross-border listings, or strategic acquisitions will find that alignment with formal labour standards enhances valuation and due diligence outcomes. Labour compliance, once seen as a cost centre, increasingly becomes a component of governance maturity.
Strategic Way Forward for Startups
To navigate the Labour Codes effectively, startups must adopt a proactive rather than reactive approach. Early investment in HR compliance frameworks, payroll restructuring, and employment documentation can prevent costly corrections later. Founders should integrate labour law considerations into business planning, funding projections, and scaling strategies.
Engaging professional advisors, leveraging compliance technology, and maintaining adaptability as rules evolve will be critical. The Labour Codes are not static; their interpretation will continue to develop through notifications and judicial guidance. Startups that treat compliance as a dynamic process rather than a one-time exercise will be better positioned to thrive.
Conclusion
The new Labour Codes mark a decisive shift in India’s employment regulation framework, with far-reaching implications for startups and new-age companies. While they introduce immediate compliance challenges and cost pressures, they also offer long-term benefits through clarity, standardisation, and workforce security. For startups, the real impact lies not in the text of the code but in how strategically they respond. Those that adapt early, align growth ambitions with regulatory realities, and embed compliance into their organisational DNA will find that labour law reform, rather than being an obstacle, can become a foundation for sustainable and responsible growth.
For any clarifications or queries, please feel free to reach out to us at:
admin@fintracadvisors.com
Disclaimer
The material presented on this blog is intended solely for informational purposes. The opinions expressed here are solely those of the respective authors and do not necessarily reflect the views of Fintrac Advisors. No warranties are made regarding the completeness, reliability, or accuracy of this information. Any actions taken based on the information presented in this blog are solely at the reader’s risk, and we will not be liable for any losses or damages resulting from its use. Seeking professional expertise for such matters is strongly recommended. External links on this blog may direct users to third-party sites beyond our control. We do not take responsibility for their nature, content, or availability.


