India: Health & Safety

The Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”) marks a significant shift in the legal framework governing the employment of women during night hours. Section 43 of the OSH Code, which has been in force since November 21, 2025, permits women to be employed in all establishments and for all types of work, including before 6:00 a.m. and beyond 7:00 p.m., with their consent and subject to prescribed conditions relating to safety, holidays, working hours and other requirements.

The implementation of the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”) has significantly changed the labour-compliance landscape in Maharashtra (hereinafter referred to as the “State”). However, it should not be treated as a blanket replacement of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (“Maharashtra Shops Act”).

Welcome to the eighth edition of the e-Bulletin (Volume VIII) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co. This e-Bulletin covers regulatory developments, case law updates and insights into industry practices that impact businesses from a sector agnostic standpoint.

This comprehensive newsletter examines recent regulatory developments across labour laws, corporate compliance, safety standards, and environmental regulations in India. From the notification of new provident fund and pension schemes under the Code on Social Security, 2020, to updates on foreign investment regulations and payment system authorizations, the newsletter covers critical changes affecting businesses and organizations. Key highlights include safety alerts for industrial operations, FSSAI advisori

Welcome to the sixth edition of the e-Bulletin (Volume VIII) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co. This e-Bulletin covers regulatory developments, case law updates and insights into industry practices that impact businesses from a sector agnostic standpoint.

The recent sexual harassment allegations emerging from a prominent IT company in Nashik have triggered widespread concerns across corporate India and reignited a nationwide conversation around workplace safety, accountability and effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as the POSH Act.

In December 2025, a Division Bench of the Gauhati High Court comprising of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury delivered a significant judgment in Airports Authority of India & Ors. vs Praveen VS[1] (WA No. 149 of 2025). The Court clarified the scope of Section 10(4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), holding that conciliation under the Act bars only further inquiry by the Internal Complaints Committee (ICC) or Local Committee, and does not preclude an employer from initiating independent disciplinary proceedings under applicable Service Rules if circumstances so warrant.

India’s labour law framework has undergone significant transformation with the introduction of the new labour codes having been brought into force effective 21 November 2025 and relevant Rules from May 08, 2026.

The overlap between Central and State labour laws could be a source of complexity for employers in India. The constitutional principles suggest that central legislation ordinarily prevails over State laws on matters in the concurrent list. This issue came into focus pursuant to notification of the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”).