Flexible staffing model needs stronger labour safeguards

flexible staffing
India’s flexible staffing industry has slowed as labour-code uncertainty and weak global conditions make firms more cautious about hiring.

India’s flexible staffing industry has hit a pause. The Indian Staffing Federation’s latest report says employment generated by the sector fell 0.5% in the October-December quarter of FY26 from the previous quarter, the first sequential contraction since January-March FY25. Industry executives attribute the slowdown partly to economic caution and partly to uncertainty around the rollout of the four labour codes: the Code on Wages, the Industrial Relations Code, the Occupational Safety, Health and Working Conditions Code, and the Code on Social Security.

Global conditions have reinforced that caution. Slower growth and softer private-sector momentum have made companies less willing to expand headcount. That matters because flexible staffing is not a marginal hiring channel any longer. It has become a large formal-employment pipeline, with logistics, BFSI and manufacturing together accounting for 38% of the formal contract workforce, and more than 55% of flexi staffing concentrated in five states: Maharashtra, Karnataka, Uttar Pradesh, Tamil Nadu and Telangana.

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Flexible staffing and formal job creation

Flexible staffing has become an important channel for formal job creation in India. Companies hire workers through staffing agencies for fixed-term assignments across manufacturing, retail, logistics, banking, telecom and information technology. For employers, this offers flexibility in an uncertain market. For workers, it can mean entry into formal employment, with provident fund contributions, insurance and documented work experience.

That matters in a labour market where informality still dominates. Flexible staffing firms have, in effect, become intermediaries of labour formalisation. But the commercial logic should be stated plainly. Firms use this model not only to meet volatile demand, but also to manage payroll costs, statutory liabilities and workforce risk. That is why the policy question is sharper than it first appears: can firms retain flexibility without turning formalisation into a thinner version of employment security?

Labour codes, employment categories and worker vulnerability

That concern is not unique to India. Across economies, the spread of temporary, contract and gig work has revived the debate over precarious employment. The familiar risks remain: weaker job security, lower bargaining power and transfer of business risk from firms to workers. In India, where labour-law enforcement has long been uneven, those risks are harder to dismiss.

The structure of flexi-staffing sharpens the problem. Workers are employed by staffing firms but work at client companies. Responsibility for wages, benefits and working conditions can become blurred. When disputes arise, workers may be left to navigate the gap between contractor and principal employer.

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The categories also need clearer separation than the draft allowed. Flexible staffing is not the same as gig work. Under the current labour-code framework, fixed-term employees are treated as employees and are eligible for pro-rata gratuity on expiry of the contract, while contract labour remains governed through the principal employer-contractor relationship under the OSHWC Code. Gig and platform workers enter through a different route, under the social-security framework, not the standard employer-employee model. Lumping them together obscures both the rights available and the risks involved.

Labour-code rollout and state-level uncertainty

The new labour codes attempt to address some of this. The Code on Social Security expands the categories of workers eligible for welfare measures and permits dedicated funds for gig and platform workers. But legislation is easier to draft than to enforce. The four codes took effect on 21 November 2025, yet the compliance architecture is still settling. The Centre issued draft rules at the end of December 2025, and official FAQs say old rules continue until final notification of the new ones where applicable. That leaves employers dealing with a transition that is legally live but administratively incomplete.

This is not a minor implementation detail. Labour is administered through states as much as through the Union government, and firms hire across multiple jurisdictions. Uneven rule-making, different administrative readiness and uncertainty over timelines matter as much as the codes themselves. The hiring pause reflects that practical difficulty, not just abstract regulatory anxiety.

Compliance systems and labour inspection

India’s labour inspection system has long managed to be both intrusive and ineffective: intrusive for compliant firms, ineffective against serious violations.

What is needed is less discretion and better traceability. Electronic wage payments, digital attendance records and integrated compliance systems would make it easier to verify provident fund contributions, insurance coverage and wage payments. The logic already exists in official design. The labour-code compliance framework aims to replace multiple returns with a single electronic return, reduce forms and registers, and route reporting through unified systems such as the Shram Suvidha portal and the Labour Identification Number.

But digitisation is not enforcement. Data trails do not act on their own. EPFO, ESIC, labour departments and inspectors need interoperable systems, audit triggers and penalties that are actually used. Without that, compliance will shift from paper to screen without becoming more credible.

Contracts, benefits and career mobility

Transparency in contracts matters just as much. Many flexi-workers enter employment with limited understanding of their rights. Standardised contracts should clearly state wages, tenure, leave entitlements and grievance procedures. Staffing agencies should also disclose contributions to the Employees’ Provident Fund Organisation and coverage under the Employees’ State Insurance framework.

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Formalisation, however, cannot be judged by PF and insurance alone. The harder question is whether flexi-workers see wage progression, skill formation and any path to conversion into permanent roles. A labour market that formalises entry but offers no mobility may still produce churn rather than security. That is the point at which a formal job begins to resemble an organised form of insecurity rather than a step upward.

Joint liability and employer responsibility

Client firms cannot assume that outsourcing employment outsources accountability. In many jurisdictions, labour law imposes joint liability on contractors and principal employers for wage defaults and safety breaches. India’s framework contains elements of that principle, but enforcement remains uneven. The OSHWC Code also makes clear that contract labour in core activities is not an unrestricted category; it is allowed in specified circumstances, including intermittent work or sudden increases in volume that require time-bound completion.

Flexible staffing usually grows when businesses want to hire but do not want to commit. The present slowdown reflects both regulatory uncertainty and weaker global demand. India will not sustain employment growth by adjusting labour rules alone. It will need stronger private investment, especially in manufacturing and services sectors that can absorb labour at scale.

India needs labour-market flexibility. But flexibility without enforceable safeguards can become another route to insecurity. The flexible staffing model will endure only if regulation protects workers without making compliance opaque or arbitrary.

Once the labour-code regime settles, firms will adjust and hiring may recover. When that happens, the real test for policymakers will be whether the next phase of growth deepens formalisation, raises job quality and clarifies responsibility across the staffing chain, or merely expands a larger, better-documented pool of vulnerable work.

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