The Industrial Relations Code (Amendment) Act, 2026 has been notified following the assent of the President on 16 February 2026. The legislation was published in the Official Gazette as Act No. 1 of 2026 and is deemed to have come into force retrospectively from 21 November 2025.
The Amendment introduces a crucial change to Section 104 of the Industrial Relations Code, 2020, clarifying the mechanism for repeal of three foundational labour enactments and ensuring continuity of adjudicatory institutions during the transition phase.
Key Amendment to Section 104
The Amendment substitutes sub-section (1) of Section 104 and inserts a new sub-section (1A). Under the revised framework:
The following enactments will stand repealed from the date appointed in the notification issued under Section 1(3) of the Industrial Relations Code, 2020: The Trade Unions Act, 1926; The Industrial Employment (Standing Orders) Act, 1946; and The Industrial Disputes Act, 1947
This amendment removes ambiguity by explicitly linking the repeal of these statutes to the formal notification bringing the Code into effect.
Continuity of Tribunals and Authorities
Importantly, the newly inserted sub-section (1A) provides that notwithstanding such repeal, Tribunals and statutory authorities functioning under the repealed Acts shall continue to operate until corresponding Tribunals and authorities become functional under the Industrial Relations Code, 2020.
This transitional safeguard aims to prevent a legal vacuum and ensure that dispute resolution mechanisms remain uninterrupted during the shift to the Code-based regime.
Legal and Practical Significance
The Amendment has far-reaching implications for employers, trade unions, and industrial establishments:
- Clarity on Repeal Timeline – The repeal of legacy labour laws will not be automatic upon enactment but will depend on the operationalisation notification of the Code.
- Institutional Continuity – Ongoing industrial disputes, conciliation proceedings, and adjudications will not be rendered infructuous due to statutory repeal.
- Administrative Transition – Authorities under the old regime will continue functioning until new bodies under the Code are formally constituted and operational.
This legislative step reflects the Government’s attempt to streamline India’s industrial relations framework while addressing concerns regarding transitional uncertainty.
Retrospective Effect
Although published on 16 February 2026, the Act is deemed to have come into force from 21 November 2025. The retrospective clause may assume relevance in determining the validity of actions taken or notifications issued during the interregnum.
Broader Context
The Industrial Relations Code, 2020 forms part of the broader labour law consolidation exercise, which merged 29 central labour laws into four Codes. The present amendment fine-tunes the repeal and transition mechanism within the industrial relations framework.
With the Amendment now in force, attention will turn to the issuance of the notification under Section 1(3) of the Code, which will trigger the formal repeal of the three long-standing labour statutes and complete the shift to the new industrial relations regime.
The development marks another milestone in India’s evolving labour regulatory architecture, with stakeholders closely watching the operational rollout of the Code and its institutional framework.
Notification Details
Date: 16th February, 2026
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