MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION
NewDelhi,the8thMay,2026
G.S.R. 342(E).—Whereas, the draft of the Industrial Relations (Central) Rules, 2025, as required under sub-section (1) of section 99 of the Industrial Relations Code, 2020 (35 of 2020) were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R. 930(E), datedthe 30th December, 2025 inviting objectionsandsuggestionsfromallpersonslikelytobeaffectedtherebywithinaperiodofthirtydaysfromthedateon which copies of the Gazette containing the said notification were made available to the public;
Andwhereas,thesaiddraftnotificationweremadeavailabletothepubliconthe30thDecember,2025;
And whereas,objections and suggestions receivedfrompersons andstakeholdershavebeen duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by section 99 of the Industrial Relations Code, 2020 (35 of2020)andinsupersessionoftheIndustrialDisputes(Central)Rules,1957,insofarastheyrelatetoPartIIandParts V to VIII; and the Industrial Employment (Standing Orders) Central Rules, 1946, in so far as they relate to these rules except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-
CHAPTERI PRELIMINARY
1. Shorttitleandcommencement.––(1)TheserulesmaybecalledtheIndustrialRelations(Central)Rules,2026.
(2)TheyshallcomeintoforceonthedateoftheirpublicationintheOfficialGazette.
2. Definitions.––(1)Intheserules,unlessthecontextotherwiserequires,––
(a) “Code”meanstheIndustrialRelationsCode,2020(35of2020);
(b) “electronically”means
any information submitted by email or uploading on the official portal or
digital payment in any mode for the purposes of the Code;
(c) “Form”meanstheformssetforthintheScheduletotheserules;
(d) “section”meansasectionoftheCode.
(2) Words and expressions used in these rules which are not defined, but are defined in the Code, shall have their respective meanings assigned to them in the Code.
1.
References
of certainauthorities and officers of industrial establishments under the Code.– (1)The
reference
totheCentralGovernmentortheGovernmentofIndia,inrelationtoanindustrialdisputeinrespectofaUnionterritory
without legislature, shall be construed as a reference to the Administrator of
such Union territory, for which the appropriate Government is the Central
Government; and the reference to the Chief Labour Commissioner (Central),
Deputy Chief Labour Commissioner (Central), Regional Labour Commissioner
(Central) and the Assistant Labour Commissioner(Central)shallbeconstruedasreferencetotherespectiveappropriateauthority,appointedinthatbehalf
by the Administrator of that Union territory.
(2)Forthepurposesoftheserules,withreferencetoclause(m)ofsection2oftheCode,itisherebyspecifiedthat—
(a)
inrelationtoanindustry,notbeinganindustryreferredtoinsubclause(ii)thereof,carriedonbyorunder
the authority of a Ministry or Department of the Central Government or a State
Government, the officer-in-charge of the industrial establishment shall be the
employer in respect of that establishment; and
(b)
in relation to an industry concerning railways,
carried on by or under the authority of a Ministry or Department of the Central
Government,—
(i) theGeneralManagerthereofshallbetheemployerinrespectofregularrailwayservantsotherthan
casuallabourinthecaseofanestablishmentofaZonalRailway;
(ii)
the Officer-in-charge of the establishment shall be
the employer in respect of regular railway servantsother than casuallabourin
thecaseofan establishmentindependentofaZonalRailway;and
(iii)
the District Officer-in-charge or the Divisional
Personnel Officer or thePersonnel Officer, as the
casemaybe,shallbetheemployerinrespectofcasuallabouremployedonZonalRailwayoranyother
railway establishment independent of a Zonal Railway.
2.
Memorandum
of settlement.– (1)Thesettlement arrived at in the course of conciliation
proceedings or a written
agreementbetweentheemployerandworkerarrivedatotherwisethaninthecourseofconciliationproceedingshallbe
in Form I.
(2) Thesettlementshallbesigned,––
(a)
by the employer or by his authorised agent, or where
the employer is an incorporated company or other body corporate, by the agent,
manager or other principal officer of such company or such other body
corporate; and
(b) onbehalfofworkers,byanyofthefollowingofficebearersofTradeUnion,namely:–
(i)
thePresident;or
(ii)
theVice-President;or
(iii)
theSecretary(includingtheGeneralSecretary);or
(iv)
theJointSecretary;or
(v)
anyotherofficebeareroftheTradeUnionauthorisedinthisbehalfbythePresidentandSecretaryofthe
Union;or
(vi)
five representatives of workers duly authorised in this behalf at the
meeting of the workers held for the purpose.
(3)
In case of an industrial dispute between individual
worker and employer, the settlement shall be signed by the employer and the
worker concerned.
(4)
Where the settlement is arrived at in the course of
conciliation proceedings, the conciliation officer shall send a report thereof
to the Central Government together with a copy of the memorandum of settlement
signed by the parties to the dispute.
(5)
Where a settlement is arrived at between an employer
and his worker otherwise than in the course of conciliation
proceedings,thepartiestothesettlementshalljointlysendacopythereofelectronicallyorbyspeedposttotheconcerned
Deputy Chief Labour Commissioner (Central) and to the conciliation officer.
(6)
Theconciliationofficer
shallfileallsettlementseffectedunderthisruleinrespectofindustrialdisputesinthearea
within his jurisdiction in the register maintained electronically or otherwise.
(7)
Theregisterreferredtoinsub-rule(6),shallcontainthedetailsincludingserialnumber,nameoftheindustry,parties
tothesettlement,dateofsettlement,remarksandwhethersettlementwasarrivedataftertheinterventionofconciliation
officer or by mutual negotiation:
Providedthatsignatureoftheconciliationofficerontheagreementshallnotbenecessarywheretheagreement for settlement is arrived at outside conciliation:
ProvidedfurtherthatnothinginthisruleshallprohibitasettlementbetweenaworkerorworkersorTrade
UnionandanemployeronmutuallyagreedtermsandsuchsettlementmaybeinaformatotherthaninFormI.
CHAPTER II
BI-PARTITEFORUMS
3.
Works
Committee and its constitution.– (1) Every employer to whom an
order made by the Central Government under sub-section (1) of section 3 of the
Code relates, shall forthwith proceed to constitute a Works Committee
(hereinafterinthischapterreferredtoasthe“Committee”) topromotemeasuresforsecuringandpreservingamityand
good relations between the employer and workers and, to that end, to comment
upon matters of common interest or concern, as specified in these rules.
(2)
(i) The number of members constituting the Committee
shall be fixed so as to afford representation to the various categories, groups
and class of workers engaged in, and to the sections, shops or departments of
the industrial establishment.
(ii) ThetotalnumberofmembersoftheCommitteeshallnotexceed twenty.
(iii) ThenumberofrepresentativesoftheworkersintheCommitteeshallnotbelessthanthenumberofrepresentatives
of the employer therein:
Provided that the industrial establishment in which women workers are employed shall have adequate representation of women workers in the Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment.
(3) Therepresentatives of
theemployer intheCommittee shallbenominated by theemployerandshall, asfarasmay
be possible, be officials in direct touch with, or associated with the working
of the industrial establishment.
(4) WheretheworkersoftheindustrialestablishmentaremembersofaregisteredTradeUnionorTradeUnions,the
employershallrequestsuchregisteredTradeUnionorTradeUnionstoinformhiminwritingasto––
(a) numberoftheworkerswhoaremembersofsuchregisteredTradeUnionorTradeUnions;and
(b) if the employer has reason
to believe that the information furnished to him by the registered Trade Union
or Trade Unions is false, he may, after informing such registered Trade Union
or Trade Unions, refer the matter to the Regional Labour Commissioner
(Central), who shall, after hearing the parties, decide the matter and
hisdecision shall be final.
(5) Onreceiptoftheinformationundersub-rule(4),theemployershallprovideforthechoosingoftheworker’s representative of the Committee in the following manner, namely:––
(a) in the case of a negotiating
union under sub-section (2) or sub-section (3) of section 14 of the Code, such
negotiating union shall nominate the worker’s representatives of the Committee;
(b) inthecaseofthenegotiatingcouncilundersub-section(4)ofsection14oftheCode,everyregisteredTrade
UnionrepresentinginthenegotiatingcouncilshallbenominatedintheCommitteeinproportiontothenumberof
workers of the industrial establishment who are members of such Trade Union;
(c) where there is no recognised
negotiating union or negotiating council referred to in clauses (a) and (b),
the workers of the industrial establishment shall elect amongst themselves the
worker’s representatives of the Committee:
Provided that the employer may, deploy an electronic platform for conducting the election process over an informationtechnologyapplication,onlineplatformorsuchotherplatformtoenabletheelectionoftherepresentatives of workers to the Committee under this clause:
ProvidedfurtherthatwherearegisteredTradeUnionfailstofurnishtheinformationundersub-rule(4)within onemonthofthedateonwhichitissocalledfor,then,suchTradeUnionshallforthepurposeofthisrulebetreatedas if it did not exist:
Provided also that where any reference has been made by the employer under sub-rule (4), the process of choosingtheworker’srepresentativerelatingtheretoshallbeheldonreceiptofthedecisionoftheconcernedRegional Labour Commissioner (Central).
(6) Theemployermay,ifhethinksfit,directthattheworkersshallvoteeitherbygroups,
sections,shopsordepartments.
(7)
Any worker, of not less than nineteen years of age and
with a service of not less than one year in the industrial
establishmentmay,ifnominated
asprovidedinthisrule,beacandidateforelectionasaworker’srepresentativeofthe Committee:
Providedthatsuchservicequalificationshallnotapplytothefirstelectioninanindustrialestablishmentwhich has been in existence for less than a year.
Explanation. —For thepurposes of this sub-rule, aworker whohas put incontinuousservice fornot lessthan one year in two or more industrial establishments belonging to the same employer shall be deemed to have satisfied the service qualification specified therein.
(8)
All workers who are not less than eighteen years of
ageand who have put in not less than six months’ continuous service in the
industrial establishment shall be entitled to vote in the election of worker’s
representative of the Committee.
Explanation.— For the purposes of this sub-rule, a worker who has put in continuous service of not less than six months in two or more industrial establishments belonging to the same employer shall bedeemed to have satisfied the service qualification specified therein.
(9)
(i)Theemployershallgiveaminimumtimeperiodofthreeworkingdaysforfilingofnominationalongwithother
requisitedetailswhilefixingadateastheclosingdateforreceivingnominationsfromcandidatesforelectionasworker’s
representatives of the Committee.
(ii)
The date fixed by the employer for holding the
election referred to in clause (i) shall not be earlier than three days and not
later than fifteen days after the closing date for receiving nominations.
(iii)
Thedateofelectionfixedunderclause(i)shallbenotified
seven daysinadvanceandsuch noticeshallspecifythe number of seats to be elected
and shall be affixed on the notice board or electronic notice board of the
industrial establishment and given adequate publicity amongst the workers.
(10)
(i)Everynominationforelectionasworker’srepresentativeoftheCommitteeshallbemadeonanominationpaper
to be provided by employer and the copies thereof shall be supplied by the
employer to the workers requiring them.
(ii)Eachnominationpaperreferredtoinclause(i)shallbesignedbythecandidatetowhomitrelatesandattestedbyat least two other voters belonging to the group, section, shop or department, which the candidate seeking election shall represent, and shall be delivered to the employer.
(11)
(i)Onthedayfollowing
thelastdayfixedforfilingnominationpapers,thenomination papersshallbescrutinised
by the employer in the presence of the candidates and the attesting persons and
those nominations which are not valid shall be rejected.
(ii) Anominationpapershallbeheldtobenotvalidunderclause(i),if––
(a) thecandidatenominatedisineligibleforbeingacandidateundersub-rule(7);or
(b) therequirementsofsub-rule(10)havenotbeencompliedwith:
Provided that where a candidate or an attesting person is not able to be present at the time of scrutiny, the candidatemay send a duly authorised nominee for this purpose.
(12)
Anycandidatewhosenominationforelectionhasbeenacceptedmaywithdrawhiscandidaturewithinforty-eight
hours of the completion of scrutiny of the nomination papers.
(13) (i)Incasethenumberofcandidateswhohavebeenvalidlynominatedforelectionasworker’srepresentative of
theCommitteeisequaltothenumberofseats,thecandidatesassuchshallbeforthwithdeclaredasdulyelected.
(ii)Where, in any industrial establishment, the number of candidates validly nominated for election as worker’s representative of theCommittee ismorethanthenumberofseatsallotted to it, votingshalltakeplace on thedayfixed for election.
(14) (i)The Committee shall have among its office-bearers, a Chair person, Vice-Chairperson, Secretary and Joint-Secretary.
(ii) TheChairpersonoftheCommitteeshallbenominatedbytheemployerfromamongsttheemployer’srepresentatives
of the Committee and he shall, as far as possible, be the head of the
industrial establishment.
(iii) TheVice-ChairpersonshallbeelectedbythemembersoftheCommitteerepresentingtheworkers,from amongst themselves:
ProvidedthatintheeventofequalityofvotesintheelectionoftheVice-Chairperson,themattershallbedecided by a draw of lot.
(iv) TheSecretaryandJoint-SecretaryoftheCommitteeshallbeelectedeveryyear.
(v) The Committee shall elect
the Secretary and Joint Secretary and where the Secretary is elected from
amongst the representatives of the employers, the Joint Secretary shall be
elected from amongst the representatives of the workers and vice versa:
ProvidedthatthepostoftheSecretaryorJointSecretary,asthecasemaybe,shallnotbeheldbyarepresentative of either the employer or the workers for three consecutive years:
Provided further that the employer’s representatives shall not take part in the election of the Secretary or Joint Secretary, as the case may be, and the representatives of the workers shall be entitled to vote in elections for the post of Secretary or Joint Secretary:
Provided also that in the event of equality of votes in an election under this sub-rule, the matter shall be decided by a draw of lot.
(15) (i)ThetermofofficeofthemembersoftheCommitteeotherthanamemberchosentofillacasualvacancy,shall
be three years.
(ii) Every member chosen to fill
a casual vacancy shall hold office for the remaining period of the term of his predecessor.
(iii) In case any member fails to
attend three consecutive meetings of the Committee without obtaining leave from
the Committee, his membership shall be forfeited.
(16) Intheeventofworker’srepresentative
ceasing tobeamember under clause(iii)ofsub-rule(15)orceasing to be employed in
the industrial establishment or in the event of his resignation, death or
otherwise, his successor shall be
choseninaccordancewiththeprovisionsofthisrulefortheremainingperiodoftheCommitteefromthesamegroupto
which the member vacating the seat belonged.
(17) The Committee shall have the right to co-opt persons employed in the industrial establishment having particular or special knowledge of a matter under discussion in a consultative capacity and such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.
(18) (i)TheCommitteemaymeetasoftenasnecessarybutnotlessoftenthanonceinthreemonths.
(ii)TheCommitteeshallatitsfirstmeetingregulateitsownprocedure.
(19) (i) The employershall
provide aplace for holdingmeetingsof theCommittee andprovide allnecessary
facilities for carrying out the work of the Committee.
(ii) TheCommitteeshallordinarilymeetduringworkinghoursoftheindustrialestablishmentconcernedonanyworking day and the representatives of the workers shall be deemed to be on duty while attending the meeting.
(iii) The Secretary of the
Committee may with the prior approval of the Chairperson, put up notice
regarding the functions of the Committee on the notice board of the industrial
establishment.
(20) TheemployershallsubmitthedetailsoftheconstitutionandthefunctioningoftheCommitteeasapartofunified
annual return provided in the rules made in this behalf under the Occupational
Safety, Health and Working Condition Code, 2020 (37 of 2020).
(21) The Central Government, or the officer authorised in its behalf, may after making such inquiry as it or he may deem fit,dissolve any Committee atany time,by an orderfor reasonstoberecorded in writing, on being satisfied that theCommitteehasnotbeenconstitutedinaccordancewiththeprovisionsoftheserulesorthatnotlessthantwo-thirds of the number of representatives of the workers have without any reasonable justification failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function:
Provided that where the Committee is dissolved under this sub-rule, the employer may, and if so required by the Central Government or, as the case may be, by such officer, shall take steps to re-constitute the Committee in accordance with these rules.
4. GrievanceRedressalCommittee.–(1)TheGrievanceRedressalCommittee(hereinafter
inthisChapterreferredto
asthe“GrievanceCommittee”)inanindustrialestablishmentemployingtwentyormoreworkers,shallconsistofequal
number of members representing the employer and workers, which shall not exceed
ten members.
(2)
The representatives of the employer in the Grievance Committeeshall be
nominated by the employer and shall, as far as may be possible, be officials in
direct touch with or associated with the working of the industrial
establishment, preferably the heads of major departments of the industrial
establishment.
(3) TherepresentativeofworkersoftheGrievanceCommitteeshallbechoseninthefollowingmanner,namely:––
(a) wherethereisanegotiatingunionundersub-section(2)orsub-section(3)ofsection14oftheCode, such
negotiatingunionshallnominatetheworker’srepresentativesoftheGrievanceCommittee;
(b) inthecaseofanegotiatingcouncilundersub-section(4)ofsection14oftheCode,everyregisteredTrade UnionrepresentinginthenegotiatingcouncilshallbenominatedintheGrievanceCommitteeinproportiontothe number of workers of the industrial establishment who are members of such Trade Union;
(c) wherethereisnorecognisednegotiatingunionornegotiatingcouncilreferredtointheclauses(a)and(b),
the workers of the industrial establishment shall choose amongst themselves the
worker’s representatives of the Grievance Committee:
Provided that the employer may, deploy an electronic platform for choosing worker’s representatives under this clause, over an information technology application, online platform or such other like platform:
Provided further that there shall be adequate representation of women workers in the Grievance Committee and such representation shallnot beless than the proportionof women workers to the total workers employed in the industrial establishment.
(4) ThetermofthemembersoftheGrievanceCommitteeshallbethreeyears.
(5) Wherethere isno recognised negotiating union ornegotiating council and if any dispute arises regarding choosing oftheworker’srepresentativetotheGrievanceCommittee,themattermaybereferredtotheconcernedRegionalLabour Commissioner (Central), who shall, after hearing the parties, decide the matter, whose decision shall be final.
5. Application to Grievance Committee.– (1) Any aggrieved worker may file an
application stating his grievance
beforetheGrievanceCommittee,alongwithname,designation,workercodeortoken
number,departmentwhereheis posted, length of his service in years, category of
worker, address for correspondence, contact number, details of grievance and
the relief sought therefor.
(2) Theapplicationreferredtoinsub-rule(1)maybesentelectronicallyorotherwise.
(3) The application referred toin sub-rule (1) shall be filed within one year from the dateon which the cause of action arose.
6.
Applicationtoconciliationofficer.–AnyworkeraggrievedbythedecisionoftheGrievanceCommitteeorwhose
grievanceisnotresolvedbythesaidCommitteewithinthirtydaysofreceiptoftheapplication,mayfileanapplication
onlineondesignatedportaloftheMinistryofLabourandEmployment,orbyspeedpost,orinperson,withinaperiod
of sixty days from the date ofthe decision of the Grievance Committee or from
the date on which the period specified in sub-section (6) of section 4 of the Code expires, as the case may be, to the
conciliation officer through the Trade Union, of which he is a member:
Provided that in case of manual receipt of such application through speed post or in person, the conciliation officershallgetthesamedigitizedandentertheparticularsoftheapplicationintheonlinemechanismunderintimation to the Trade Union and worker.
TRADEUNIONS
7. Mannerofrecognitionofnegotiatingunionornegotiatingcouncil.-
(1) Mattersfornegotiation.-Thematterspertainingtoworkerswhichthenegotiatingunionorthenegotiatingcouncil,
asthecasemaybe,shallnegotiatewiththeemployeroftheindustrialestablishmentundersub-section(1)ofsection14
of the Code are specified, below: -
(i)
theclassificationofgradesandcategoriesofworkers;
(ii)
orderpassedbyanemployerunderthestandingordersapplicableintheindustrialestablishment;
(iii)
thewagesoftheworkersincludingtheirwageperiod,dearnessallowance,bonus,increment,customary
concession or privileges, compensatory and other allowances;
(iv)
hours of work of the workers, rest days, number of
working days in a week, rest intervals, working of shifts;
(v)
leavewithwagesand holidays;
(vi)
promotionandtransferpolicyanddisciplinaryprocedures;
(vii)
quarterallotmentpolicyforworkers;
(viii)
safety,healthandworkingconditionsandrelatedstandards;
(ix)
the matters pertaining to conditions of service and
terms of employment of the workers which are not covered in the foregoing
clauses; and
(x)
anyothermatterwhichisagreedbetweenemployeroftheindustrialestablishmentandnegotiatingunion
or negotiating council, as the case may be.
(2) CriteriaforrecognisingsingleregisteredTradeUnion.-undersub-section(2)ofsection14oftheCode.-Where there is only one
registered Trade Union operating in an industrial establishment having its
membership not less than thirty per cent. of the total workers employed in the
industrial establishment, the employer of such industrial establishment shall
recognise such Trade Union as the sole negotiating union of the workers.
(3) Manner of verification of membership of Trade Unions under sub-sections
(3) and (4) of section 14 of the Code.-(a)(i)TheCentralGovernmentshallappointaverificationofficer(hereinafterinthischapter,referredtoasthe
verification officer) for the purpose of verification of membership of the
Trade Unions in the industrial establishment who shall not have any interest
with any of the Trade Unions in the industrial establishment, whose membership
verification is to be carried out by him:
Provided that the process for recognition of the negotiating union or the negotiating council, as the case may be, shall commence three months before the expiry of the term of the existing recognition period of the negotiating union or the negotiating council, as the case may be, recognised by the employer under the Code.
(ii) Theverificationofficermayutilisetheservicesofotherofficerstoassisthimdependinguponthequantumofwork
of membership verification.
(iii) The verification officer
shall carry out the work of membership verification in the industrial
establishment within the time as determined by the Central Government.
(b) Theemployeroftheindustrialestablishmentshallbearalltheexpensesandmakearrangementsinconnectionwith
the verification of membership of Trade Unions under clause (a).
(c) The Trade Unions may submit
an application to the employer of the industrial establishment to accord status
of negotiatingunionor the representativesof negotiatingcouncilof the
workers,asthe casemay be,onfulfillmentofthe following conditions namely,-
(i) such Trade Union hasavalid registrationunderthe TradeUnionsAct, 1926(16of1926) and continuingassuch or has the registration under the Industrial Relations Code, 2020 (35 of 2020), as the case may be; and
(ii) theapplicationforrecognitionbytheTradeUnionisaccompaniedwithacopyoftheregistrationcertificate,acopy
of list of members, details of the membership subscription and a copy of latest
annual return of the Trade Union submitted to the Registrar of Trade Unions.
(d) (i)Incasethenegotiatingunionornegotiatingcouncil,isconstitutedundertheCode,theemployeroftheindustrial
establishmentshallinitiateactionbeforeexpiryofthetenureofnegotiatingunionornegotiatingcouncil,sufficientlyin
advance but not later than three months before the expiry of the tenure of
negotiating union or negotiating council, as the case may be.
(ii) The date of reckoning of verification of membership of the Trade Unions shall be fixed by the verification officer for the industrial establishment.
(iii) The employer of the establishment shall forward the documents and records submitted by Trade Unions, to the verification officer.
(iv) On receipt of the documents and records, the verification officer shall scrutinise the records and documents submitted by the Trade Union to ascertain the status of registration of Trade Unions and related matters.
(v) The verification officer shall hold meeting with representatives of employer of industrial establishment and all participating Trade Unions to decide the process of verification of the membership of Trade Unions through secret ballot.
(vi) The employer may, in consultation with the verification officer deploy an electronic process for conducting the election over an information technology application, online platform or like other platform.
(4) Verification of membership through secret ballot.- (a) The verification officer
shall convene meeting of representatives of all registered Trade Unions
functioning in the industrial establishment sixty days before the date of
actual voting to decide -
(i) thepublicationofvoterslist;
(ii) thedate,time,modeofvoting,placeof voting;
(iii) thedate,timeandplaceofcounting; and
(iv) othermodalitiesrelatingtosecretballot.
(b) Theverificationofficershallcause theminutesofthemeeting tobepreparedand signed by allparticipatingTrade Unions.
(c) AllparticipatingTradeUnionsshallbeallottedsymbolsinthesamemeeting.
(d) Incasenodecisioncouldbetakenregardingdate,time,modeofvoting,placeofvoting,allotmentofsymbols,date, time and place of counting and like other matters in the meeting, the decision of the verification officer shall be final and he shall publish the schedule, programme and procedure of such secret ballot election.
(e) Allworkerswhosenamesareborneonthemusterrolloftheindustrialestablishmentonthedateofreckoningshall be eligible to cast their vote.
(f) Thevoterslistshallbepreparedbytheemployeroftheindustrialestablishmentonthebasisofnamesoftheworkers borne on the muster roll referred to in clause (e) and the voters list shall contain the name, father’s name, designation, worker number or identity card number issued by the employer and place of posting of the worker.
(g) The final voter list shall be published by the employer after obtaining the approval of verification officer and be displayed at notice board at the main entrance and also on website, if any, of the industrial establishment within two daysoffinalisationofthelistandacopyofsuchvoterslistshallalsobesenttotheparticipatingTradeUnionsbyhand or by speed post or through electronic mode.
(h) Theverificationofficershalldisplaythelist ofthenameoftheparticipatingTradeUnionswiththesymbolallotted to themonthenoticeboardatthe mainentrance and website,ifany,oftheindustrialestablishmentwithin twodaysof finalisation of the list.
(i) Thevotingandcountingofvotesshallbeheldonthedate,timeandplacefixedbytheverificationofficerunderthe supervisionoftheverificationofficerandduringthecounting,agentsofallparticipatingTradeUnionsshallbeallowed to remain present.
(j) After final counting of votes, the result shall be declared by the verificationofficer which shall contain the name of all Trade Unions who participated in election, total number of votes polled and the number of votes cast in favour of each of the trade unions which participated in the election.
(5) Verification report.- The verification officer shall submit verification report along with the result sheet to the employer of industrial establishment.
(6) Recognition of Trade Union as negotiating union or constituents of
negotiating council.- (a) On the basis of
verificationreportsubmittedbyverificationofficer,theemployeroftheindustrialestablishmentshallgrantrecognition
to the Trade Union as a negotiating union or a constituent of negotiating
council.
(b) The recognition granted under clause (a), either as negotiating union or the negotiating council shall be valid for threeyearsfromthedateofrecognitionorconstitutionorsuchfurtherperiodnotexceedingfiveyears,intotal,asmay be mutually agreed by the employer and the Trade Union, as the case may be.
(7) Facilities provided by industrial establishment.- (a) In an industrial
establishment, where there is a negotiating union or negotiating council, as
the case may be, the employer of such industrial establishment shall provide the
following facilities namely: -
(i)
notice board for the purpose of displaying information
relating to activities of the negotiating union or negotiating council;
(ii)
venue and necessary facilities for holding discussions
by the negotiating union or negotiating council, as per the schedule and agenda
to be settled between employer of the industrial establishment and the
negotiating union or negotiating council;
(iii)
venue and necessary facilities for holding discussions
amongst the members of the negotiating union or constituents of negotiating
council;
(iv)
entranceoftheofficebearersofthenegotiatingunionornegotiatingcouncil,intheindustrialestablishment
for the purposes of ascertaining the matters relating to working conditions of
the workers;
(v)
employerofanindustrialestablishment,havingthreehundredormoreworkers,shallprovidesuitableoffice
accommodation with necessary facilities to the negotiating union or negotiating
council.
(b) TheemployeroftheindustrialestablishmentshalldeductsubscriptionofthemembersoftheTradeUnionon the basis of the written consent of the worker.
(c) Theofficebearersofthenegotiatingunionornegotiatingcouncilshallbetreatedondutywhileholding meetings with the employer.
(8) ApplicationforadjudicationofdisputebeforeTribunal.-Whereanydisputearisesbetween–
(i) oneTradeUnionandanother; or
(ii) oneormoreworkerswhoaremembersofTradeUnionandtheTradeUnionregardingregistration,
administration or management or election of office bearers of the Trade Union;
or
(iii) oneormoreworkerswhoarerefusedadmissionasmembersandtheTradeUnion; or
(iv)
wherethe disputeisinrespectof aTrade Union which isa
federationof Trade Unionsand office bearer authorised in this behalf by the
Trade Union,
theaggrievedworkerortheTradeUnion,asthecasemaybe,maymakeanapplicationinForm-IItotheTribunalhaving jurisdiction within a period of one year from the date on which the dispute arises, electronically or by speed post or in person.
CHAPTER IV
STANDINGORDERS
8. Model Standing Orders. - The Model Standing Orders for the purposes of the
Code in respect of industrial
establishmentsinminesector,manufacturingsectorandservicesectorshallbethosesetoutundertheModelStanding
Orders, 2026.
Forwarding of information to certifying officer.– (1) In case the employer adopts the Model Standing Orders of the CentralGovernmentreferredtoinsection29oftheCodewithrespecttomattersrelevanttohisindustrialestablishment or undertaking, the employershallinform theconcerned certifying officer electronically or in person orby speed post, the specific date from which the provisions of the Model Standing Orders have been adopted.
(2) TheModelStandingOrderadoptedundersub-rule(1)shallapplytotheindustrialestablishmentandtoallitsunits.
(3)
On receipt of information under sub-rule (1), the
certifying officer shall enter the details of the industrial establishment
which has adopted the Model Standing Order in the register specified in rule
17.
(4)
Where the certifying officer observes that the
industrial establishment, which has informed adoption of Model
StandingOrdersisengagedinactivitiesotherthanforwhichModelStandingOrdershavebeenadopted,hemay,within
a periodof thirty daysfrom such receipt of informationof Model StandingOrdersso
adopted,direct suchemployer to include or adopt certain provisions which are
relevant to his industrial establishment and indicate those relevant provisions
to comply the same within a period of thirty days from the date of the receipt
of such direction and send a compliance report in respect of those provisions
only which the certifying officer has so directed to get included.
(5)
If no observation is made by the certifying officer
within a period of thirty days of the receipt of the information specified in
sub-rule (1), the Model Standing Order shall be deemed to have been certified
by the certifying officer.
(6)
TheprovisionsoftheModelStandingOrdersadoptedinaccordancewiththeprovisionsoftheserulesshallcomein
force with effect from the date specified in sub-rule (1).
(7)
The certifying officer shall not raise any
observation, if the industrial establishment is engaged in activities which are
wholly covered by the activities of the industrial establishment to which the
standing orders apply.
9.
Choosing
ofrepresentatives ofworkers forissuing notice where thereis no Trade Union.– (1)Where
there is
noTradeUnionintheindustrialestablishmentorundertaking,thecertifyingofficershallcallameetingoftheworkers
to choose their representatives, to whom shall, upon their being chosen, issue
notice along with a copy of the standing order or modification, as the case may
be, in the language spoken and understood by the majority of the workers,
requiring comments or suggestions, if any, which the workers may desire to make
to the draft standing orders to be submitted within fifteen days from the date
of receipt of such notice.
(2)The Trade Union or negotiating union or constituent of negotiating council shall be given a copy of the draft standing orders or modification, as the case may be, in the language spoken and understood by the majority of the workers,forseekingtheircommentsorsuggestions,ifany,withinfifteendaysfromthedateofthereceiptofthenotice in this rule.
10.
Authentication
of certified standing order.– The certified standing orders or the modifications
in the standing ordersshallbeauthenticated bythecertifyingofficer
andshallbesentelectronically andahard copythereofbyspeed post, within seven
days from the date of such authentication to the employer and all the
registered Trade Unions or chosen representative of workers:
Provided that there shall not be any requirement of authentication under this rule in cases of deemed certification under sub-section (3) of section 30 of the Code and in cases where the employer hascertified adoption of Model Standing Orders.
11.
Statement
to accompany draft standing orders.- (1) The draft standing order
shall beaccompanied with a statementcontaining,thenameoftheindustrialestablishmentorundertakingconcerned,address,e-mailaddress,
contactnumberandthestrengthanddetailsofworkersemployedthereinincludingparticularsofTradeUnions,ifany,
towhichsuchworkersbelong.
(2) Thedraftmodificationinanexistingstandingordershallbeaccompaniedwithastatementcontainingtheparticulars
ofsuchstandingorderwhichisproposedtobemodifiedalongwithatabularstatementcontainingdetailsofeachofthe
provision of that standing order in force and the proposed modification therein
and reasons therefor.
(3)
The statement referred to in sub-rules (1) and (2)
shall be signed by a person authorised by the industrial establishment or
undertaking.
(4)
The Model Standing Orders, if modified, shall also
apply to all the units of the industrial establishment or undertaking.
12.
Conditionsfor
submission of draft standing ordersinsimilar establishment.–– In case
of group of employers engaged in similar industrial establishments, they may,
after consultation with the concerned Trade Union, submit a joint draft of
standing order under section 30 of the Code and the provisions of these rules
shall apply:
Provided that the joint draft of standing orders, in cases of group of employers engaged in similar industrial establishments, shall be drafted and submitted to the Additional Chief Labour Commissioner (Central), who shall, in consultation with the concerned certifying officers, certify such joint draft standing orders, after recording reasons therefor:
Provided further that the certifying officer shall give notice to the concerned parties and provide reasonable opportunity of being heard before certifying the standing orders.
13.
Disposal of
appeal.––(1) An employer or Trade Union or the negotiating union or
negotiating council, or where there is no negotiating union or negotiating
council in an industrial establishment or undertaking, any union or such
representative body of the workers of the industrial establishment or
undertaking,may preferan appeal against the order of the certifying officer
made under sub-section (5) of section 30 of the Code within sixty days of the
receipt of such order,and for that purpose draw up a memorandum of appeal in a
tabular form stating therein the provisions of
thestandingorderswhicharerequiredtobealteredormodifiedordeletedoraddedalongwiththereasonstherefor,and
file it electronically or in person with the appellate authority.
(2) Theappellateauthorityshallfixadateforthehearingoftheappealanddirectnoticethereoftobegiven,––
(a) wheretheappealisfiledbytheemployer,toTradeUnionorthenegotiatingunionornegotiatingcouncil,asthe
case may be, or where there is no negotiating union or negotiating council in
an industrial establishment or undertaking, any union or such representative
body of the workers of the industrial establishment or undertaking;
(b)
wheretheappealisfiledbyaTradeUnion
orthenegotiatingunionornegotiatingcouncil, totheemployerand the negotiating
union or the negotiating council or all other Trade Unions of the workers of
the industrial establishment, as the case may be, or where there is no
negotiating union or negotiating council in an industrial
establishmentorundertaking,anyunionorsuchrepresentativebodyoftheworkersoftheindustrialestablishment
or undertaking; and
(c) where the appeal is filed by
a representative body of the workers, to the employer and other Trade Unions of
the workers of the industrial establishment, or where there is no trade union
of the workers in an industrial establishment or undertaking, any other worker
who joins as a party to the appeal.
(3) Theappellantshallfurnisheachoftherespondentswithacopyofthememorandumofappealreferredtoinsub-rule
(1).
(4)
The appellate authority may, at any stage of the
proceeding call for any evidence, if it considers necessary for the disposal of
the appeal.
(5) Onthedatefixedundersub-rule(2)forthehearingoftheappeal,theappellateauthorityshalltakesuchevidenceas
itconsidersrelevant,ifproduced,andafterhearingtheparties,disposeoftheappeal.
14. Serving of order and text of standing orders. - (1) The order of the appellate authority shall be served electronicallyorotherwisewithinthreedaysofthedisposalofappealtotheemployerorTradeUnionorthenegotiatin
unionornegotiatingcounciloranyunionorrepresentativebodyoftheworkers,asthecasemaybe,bywhomtheappeal
hasbeen filed.
(2) Thetextofthestandingordersasfinallycertifiedordeemedtohavebeencertifiedoradoptedmodelstandingorders
under this Chapter, shall be maintained by the employer in Hindi, English and
local language.
(3)
The certified standing orders shall be displayed in
legible manner by the employer on the special board to be maintained for the
purpose at the entrance or near the entrance of the industrial establishment
through which majority of workers enter and may also be posted on the
designated portal/website, if any, of such industrial establishment.
15.
Register of
standing orders.–– (1) The certifying officer shall maintain
electronically,a register in Form-III of all finally certified standing orders
or deemed to have been certified or adopted Model Standing Orders, of all the
concerned industrial establishments, which shall contain details of –
(a)
theuniquenumberassignedtoeachstandingorder;
(b)
thenameofindustrialestablishment;
(c)
thenatureofindustrialestablishment;
(d)
the date of certification or deemed certification or date of adoption
of Model Standing Orders by each establishment or undertaking;
(e)
theareasofoperationoftheindustrialestablishment;and
(f)
such otherdetails asmay be relevant andhelpfulin retrieving the
standing ordersand create a data base of such of all standing orders.
(2)
The certifying officer shallfurnish a copy of the
certified standing orders or deemed certified standing orders referred to in
sub-rule (1) to any person applying therefor, on payment of tworupeesper page
of the certified standing orders or deemed certified standing orders, as the case
may be.
(3)
Thepaymentoffeeforgettingcertifiedstandingordersmayalsobemadeelectronically.
16.
Applicationformodificationofstandingorders.–(1)Theapplicationformodificationofexistingstandingorders
shall be submitted electronically or in person or by speed post.
(2)
Theapplicationspecified in
sub-rule(1)shallcontaintheparticularsofsuchstandingorderswhichareproposed to be
modified along with a tabular statement containing details of each of the
relevant provisions of standing order in force and proposedmodifications therein,reasonsthereof
and the detailsof registered TradeUnionsoperating therein.
(3)
The statement mentioned in sub-rule (2) shall be
signed by a person authorised by the industrial establishment or undertaking or
workers or a Trade Union or other representative body of the workers, as the
case may be, who has submitted such application for modification.
17.
Noticeforchange.–(1)Anyemployerintendingtoeffectanychangeintheconditionsofserviceapplicabletoany
workerinrespectofanymatterspecifiedintheThirdScheduletotheCode,shallgivenoticeinForm-IVelectronically
orbyspeedpostorinperson,tosuchworkerslikelytobeaffectedbysuchchangeandshallalsouploadsuchnoticeon
the designated portal, if any, of the industrial establishment.
(2)Thenoticementionedinsub-rule(1)shallbedisplayedconspicuouslybytheemployeronthenoticeboardoronthe
electronicnoticeboardatthemainentranceoftheindustrialestablishment:
Providedthat whenthere is a registeredTrade Unionor registeredTrade Unions or a negotiatingunionor negotiatingcouncil relatingtotheconcerned industrial establishment,a copyofsuchnoticeshall also beservedinthe
manner specified in sub-rule (1) on the secretary of such Trade Union or each of the secretariesof such Trade Unions, or secretary of the negotiating union or constituent of negotiating council, as the case may be.
CHAPTER VI
VOLUNTARYREFERENCEOFDISPUTESTOARBITRATION
18.
Form
ofarbitration agreementandmanner of signing by parties–– (1) The
employerand workersmay agree to refer any industrial dispute to arbitration by
entering into an arbitration agreement in Form- V.
(2)
Thearbitration agreementreferred
toinsub-rule(1)shallbesigned bythepartiesto thesaidagreementanditshall be
accompanied by the consent, either in writing or electronically, of arbitrator
or arbitrators.
(3) Thearbitrationagreementreferredtoinsub-rule(1)shallbesigned,-
(i)
in case of an employer, by the employer himself, or
when the employer is an incorporated company orotherbodycorporate,bytheagent,managerorotherofficerofthecompanyorcorporationauthorised
for such purpose;
(ii) inthecaseofworkers,bytheofficeroftheregisteredTradeUnionauthorisedinthisbehalforbyfive
representatives of the workers duly authorised in this behalf at a meeting of
the concerned workers held for such purpose; and
(iii) inthecaseofanindividualworker,bysuchworkerhimselforbyanofficeroftheregisteredTradeUnion,
ofwhichtheworkerisamember,orbyanotherworkerinthesameestablishmentdulyauthorisedbyhimin
this behalf.
Explanation.–-Forthepurposesofthisrule,theterm“officer”,–
(a)
in case of an association of theemployers, means any
officer of such association of the employersauthorised for such purpose; and
(b) incaseofaregisteredTradeUnion,meansanyofthefollowingofficersofsuchTradeUnionauthorised
for such purpose, namely:–
(i)
thePresident;or
(ii)
theVice-President;or
(iii)
theSecretary(includingtheGeneralSecretary);or
(iv)
aJointSecretary;or
(v)
any other officer of suchTrade Union authorised in thisbehalf by the
Presidentand Secretary of such Trade Union.
19.
Issuingofnotification.-WhereanindustrialdisputehasbeenreferredtoarbitrationandtheCentralGovernmentis
satisfied that the persons making the reference represent the majority of each
party, it shall issue a notification in this
behalfanduploaditonthewebsiteoftheMinistryofLabourandEmploymentfortheinformationoftheemployersand
workerswhoarenotpartiestothearbitration agreementbutareconcerned
inthedisputesothatthey may presenttheir case before the arbitrator or
arbitrators appointed for such purpose.
20. Choosing of representatives of workers where there is no Trade Union.– Where there is no Trade
Union to presentthecasebeforethearbitratororarbitrators,therepresentativeofworkersshallbechosenbyaresolutionpassed
by the majority of concerned workers in Form- VI authorising to represent the
case and the workers shall be bound by the acts of their representatives who have
been so chosen to represent before the arbitrator or arbitrators, as the case
may be.
CHAPTER VII
MECHANISMFORRESOLUTIONOFINDUSTRIALDISPUTES
21. Conciliationproceedings––(1)Wheretheconciliationofficerreceivesany––
(a) noticeofastrikeorlockoutgivenunderrule25orrule26;or
(b) applicationinrespectofanexistingindustrialdispute;or (c) informationregardingapprehensionofanindustrialdi spute, such officer shall––
(i)
in case of clause (a), enter the details on the designated portal and
hold conciliation proceedings and inform the concerned parties the date of
sitting for such purpose;
(ii)
incase of clause (b), enter the details on the designated portal and
examine the application and if such dispute pertains to the jurisdiction of
State Government,transfer the application to the concerned authority or
otherwise proceed with the application and hold the conciliation in respect
thereof; and
(iii)
in case of clause (c), enter the details on the designated portal and
issue fresh notice to the parties concerned declaring his intention to commence
conciliation proceedings.
(2) The employer’s
representative and the worker’s representative shall, on receipt of the notice
referred to in sub-rule
(1),submittheirrespectivestatementsinrespectofthesaiddisputeinthefirstmeetingoftheconciliationproceedings.
(3) Theconciliationofficershall,withoutdelay,ascertainthefactsandcircumstancesrelatingtothedisputeandenquire
into all matters affecting the merits and right settlement thereof and hold
conciliation proceedings between the parties to the dispute and may do all such
things as he thinks fit for the purpose of inducing the parties to come to a
fair and amicable settlement of the dispute.
(4) Ifnosettlementisarrivedatintheconciliationproceedingsreferredtoinsub-rule(3),theconciliationofficershall,
within seven days from the date on which the conciliation proceedings are
concluded, upload a report on designated
portaloftheMinistryofLabourandEmploymentandforwardacopythereofelectronicallyorbyspeedpostorinperson
to the parties to the dispute and to the Central Government.
(5) ThereportshallbemadeaccessibletothepartiesconcernedonthesaiddesignatedportalbytheMinistryofLabour
and Employment.
(6)
If settlement of the dispute or of any of the matters in dispute is
arrived at in the course of the conciliation proceedings, the conciliation
officer shall, apart from submitting a report to the Central Government or
anofficer duly authorised in thisbehalf by that Government along with amemorandum
of the settlements signed by the parties to the
dispute,alsouploadsuchreportandmemorandumofsettlementonthedesignatedportaloftheMinistryofLabourand
Employment.
(7) All evidences before the
conciliation officer, except the documentary evidence, shall be filed in the
form of an
affidavitandthepartiestothedisputeshallalsofiletheapplicationor,asthecasemaybe,filereplyorrejoinderthereof
in the form of an affidavit.
(8) The report referred to in
sub-rule (4) shall, inter alia,
contain the submissions of the employer, worker or Trade Union, as the case may
be, involved in the dispute and it shall also contain the efforts made by the
conciliation officer tobringthepartiestoanamicablesettlement,reasonsforrefusalofthepartiestoresolvethedisputeandtheconclusion
arrived at by the conciliation officer.
(9) Where any dispute is
notsettled during the conciliation proceeding, the concerned party may make an
application in Form II before the Tribunal electronically or by speed post or
by speed post with value added services-Registration or POD (Proof of
Delivery), within ninety days from the date of the report under sub-rule (5).
22. Application for recovery of dues.–– (1) Where any money is due from an employer to a
worker or a group of workers undera settlement oran award orunder theprovisions
ofChapter IXorChapter X of theCode, the worker or the group of workers, as the
case may be, may apply in Form -VII for the recovery of such money due:
Providedthatinthecaseofapersonauthorisedinwriting
bytheworker,orinthecaseofthedeathofthe worker, the assignee or heir of the
deceased worker shall make the application in Form VIII.
(2) Where any worker or a group of workers is entitled to receive from the employer any money or any benefit which iscapableofbeingcomputedintermsofmoney,theworkerorthegroupofworkers,asthecasemaybe,mayapplyto theTribunalhavingjurisdictioninFormIXforthedeterminationoftheamountdueor,asthecasemaybe,theamount atwhichsuchbenefitshouldbecomputedandsuchTribunalshalldecidetheapplicationwithinaperiodnotexceeding three months from the date on which the application is filed:
Provided that in the case of the death of a worker referred to in this sub-rule, the application shall be made in Form X by the assignee or heir of the deceased worker.
23. Noticeofstrike,personorpersonstowhomnoticebegivenandmannerofgivingsuchnotice.–(1)Thenotice of strike referred to in sub-section (1) of section 62 of the Code shall be given in Form-XI, to the employer of an industrialestablishment,whichshallbedulysignedbytheSecretaryoftheconcernedregisteredTradeUnionorwhere there is no registered Trade Union,by five elected representatives of the workers giving the notice relating to the concerned industrial establishment, endorsing the copy thereof electronically or by speed post to the concerned conciliation officer, Chief Labour Commissioner (Central) and the Secretary, Ministry of Labour and Employment.
(2) Thedate of receipt of
thenotice referred to in sub-rule (1) shall be the date of receiving the notice
for the purposes of clause (a) of sub-section (1) of section 62 of the Code.
(3) If the employer of an
industrial establishment receives any notice of strike from any person
employed, thenthe employer shall, within five days from the date of receiving
of such notice, intimate the same electronically to the concerned conciliation
officer and Chief Labour Commissioner (Central).
24. Notice of lock-out and authority.– (1) The notice of lock-out referred to in
sub–section (2) of section 62 shall be given in Form-XII by the employer of an
industrial establishment to the Secretary of every registered Trade Union
relating to such industrial establishment by speed post or electronically,
endorsing a copy thereof to the concerned conciliation officer, Chief Labour
Commissioner (Central) and the Secretary, Ministry of Labour and Employment electronically.
(2) The notice referred to in
sub-rule (1) shall be displayed conspicuously by the employer on the notice
board or on
electronicboardatthemainentrancetotheindustrialestablishmentandacopyofthesaidnoticemayalsobepostedon
the designated portal, if any, of such industrial establishment and the date of
receipt of such notice by the conciliation officer shall be the date of
receiving the notice for the purposes of clause (a) of sub-rule (1) of rule 23.
(3) If the employer gives to any person employed by him anotice of lock-out,he shall, within five days from thedate ofsuchnotice,informelectronicallythesametotheconcernedconciliationofficerandtheChiefLabourCommissioner (Central).
CHAPTER IX
LAY-OFF,RETRENCHMENTANDCLOSURE
25. Serviceofnoticebeforeretrenchment.–Ifanemployerdesirestoretrenchanyworkeremployedinhisindustrial establishment who has been in continuous service for not less than one year, such employer shall serve prior notice of retrenchment in Form-XIII to the Central Government and to the concerned Deputy Chief Labour Commissioner (Central) through e-mail or speed post, in the following manner, namely, ––
(a)
wherepriornoticeisgiventoaworkerunderclause(a)ofsection70oftheCode,noticeofsuchretrenchment
shall be served within three days from the date on which such notice is served
on the worker;
(b) where no prior notice is
given to the worker under clause (a) of section 70 of the Code, and he is paid
one month’s wages in lieu thereof, notice of such retrenchment shall be sent
within three days from the date on which such wages are paid; and
(c) where retrenchment is carried out under an agreement, which specifies a date for the termination of service, notice of such retrenchment shall be sent so as to reach the Central Government and a copy thereof to the Deputy Chief Labour Commissioner (Central), at least one month before such date:
Providedthatifthedateofterminationofserviceagreeduponiswithinthirtydaysoftheagreement,thenotice of retrenchment shall be sent to Central Government along with a copy thereof to the Deputy Chief Labour Commissioner (Central) concerned within three days of the agreement.
26. Re-employment to retrenched workers.– (1) The employer shall prepare a list of
all workers in the particular
categoryfromwhichretrenchmentiscontemplated,arrangedaccordingtotheseniorityoftheirserviceinthatcategory
and cause a copy thereof to be pasted on a notice board in a conspicuous place
in the premises of the industrial establishment, at least seven days before the
actual date of retrenchment.
(2) When any vacancy occurs in
an industrial establishment and there are workers of such industrial
establishment
retrenchedwithinoneyearpriortotheproposalforfillingsuchvacancies,theemployerofsuchindustrialestablishment
shall,ifsuchworkersarecitizensofIndiaandhavegiventheirwillingnessforemployment,givethempreferenceover
other on the basis of their seniority.
(3) Theemployershallarrangeforthedisplayonthenoticeboardinaconspicuousplaceinthepremisesoftheindustrial
establishment the detailsof vacancies, atleastfifteendaysbefore the dateon
whichsuchvacancies are tobefilled and shall also give information ofthose
vacancies by speed post or through e-mail to all the retrenched workers
eligible to
beconsidered,onthelatestaddressore-mailgivenbyeachofthematthetimeofretrenchmentoratanytimethereafter:
Provided that when the number of such vacancies is less than the number of retrenched workers, it shall be sufficient, if the information is given by the employer individually to the senior most retrenched workers in the list referred to in sub-rule (1) and the number of such senior-most workers being double the number of such vacancies:
Provided further that where duration of the vacancy is of less than one month there shall be no obligation on the employer to inform of such vacancy:
Provided also, that if a retrenched worker without sufficient cause being shown in writing to the employer, does not offer himself for re-employment on the date or dates specified in the information sent to him under this sub-rule, the employer shall not inform such worker of the vacancies that may be filled on any subsequent occasion.
(4) As soon as the provisions of
sub-rule (3) are complied, the employer shallalso inform the negotiating union
or the constituent of negotiating council or Trade Unions connected with the
industrial establishment, of the number of vacancies to be filled and names of
the retrenched workers to whom information has been sent under that sub-rule:
Provided that the provisions of this sub-rule shall not be complied with by the employer in any case where information is sent to every worker mentioned in the list prepared under sub-rule (1).
27. Service of notice for intended closure.- (1) If an employer intends to close down an industrial establishment, the employershallgivenoticeinForm-XIIIatleastsixtydaysbeforethedateofintendedclosuretotheCentralGovernment and a copy thereof to the concerned Deputy Chief Labour Commissioner (Central) by e-mail or speed post.
(2) A copy of the notice referred to in sub-rule (1) shall also be sent to the registered Trade Unions or authorised representatives of workers, as the case may be, operating in the Industrial establishments.
CHAPTER X
SPECIALPROVISIONSRELATINGTOLAY-OFF,RETRENCHMENTANDCLOSUREINCERTAIN ESTABLISHMENTS
28. Application for intended lay-off and manner of serving copy of such application to workers.– (1) An applicationshallbemadebytheemployerinForm-XIVtotheCentralGovernmentseekingpermissionforlay-offofa worker stating clearly therein the reasons for the intended lay-off and a copy of such application shall be served simultaneously to the worker concerned, electronically or in person or by speed post.
(2)Theapplicationreferredtoinsub-rule(1)shallalsobedisplayedconspicuouslybytheemployeronthenoticeboard or on electronic board at the main entrance of the industrial establishment.
29.
Application
to continue lay-off.– The employer shall, in case of an industrial
establishment being a mine, where the workers other than badli workers or casual workers have been laid-off for reasons of
fire, flood or excess of inflammable gas or explosion, within a period of
thirty daysfrom the date of commencement of such lay-off, make an application
in Form-XIV to the Central Government electronicallyandby speed post with a
copy to the concerned Deputy Chief Labour Commissioner (Central) for permission
to continue the lay-off–
(a) specifyingthenumberofdays;
(b) specifyingthenumberofworkerstobelaidoff;
(c) thetotalnumberofworkersemployedintheindustrialestablishment;
(d) thedateoflay-off;and
(e) thereasonsforcontinuationofsuchlay-off.
30. Review of order.–(1) The Central Government may, either on its own motion or on an
application made by the employer or any worker, review its order granting or
refusing to grant permission for the lay-off.
(2)
The employer or any worker concerned, along with the
order referred to in sub-rule (1), may make an application
withinthirtydaysfromthedateonwhich
theorderismadetotheCentralGovernmentforreviewing theorderandthat Government
shall, within two months from the date on which the application is made,
dispose of the same after providing the concerned parties, an opportunity of
being heard.
(3)
WheretheCentralGovernmentdecidestoreviewtheorderreferredtoinsub-rule(1)onitsownmotion,itmaytake
necessary steps within one month from the date on which the order is made and
after providing the concerned parties an opportunity of being heard, dispose of
such review within a period of two months from the date on which such decision
is taken.
31. Application for intended retrenchment and manner of serving copy of
such applicationto workers.– (1) An application shall be made in Form- XIV by the employer to the
Central Government electronically, stating clearly the reasons for the intended
retrenchment therein and a copy of such application shall be sent to the
concerned workers electronically, or in person, or by speed post.
(2) The application referred toin sub-rule (1) shall also be displayed conspicuously by theemployer on a notice board or on electronic board at the main entrance to the industrial establishment.
32.
Review of
order.–(1) The Central Government may, either on its own motion or
on an application made by the employer or any worker, review its order granting
or refusing to grant permission for the retrenchment.
(2)
The employer or any worker concerned, along with the
order referred to in sub-rule (1), may make an application within thirty days
from the date on which such order is made, to the Central Government for
reviewing that order and that Government shall within a period of two months
from the date on which such application is made, dispose of the application
after providing the concerned parties an opportunity of being heard.
(3)
Where the Central Government decides to review the
order referred to in sub-rule (1), on its own motion, it may take necessary
steps within one month from the date on which such order is made and after
providing the concerned parties an opportunity of being heard, dispose of such
review within a period of two months from the date on which such decision is
taken.
33.
Application
for intended closing ofindustrial establishment and manner of serving copy of
application to representatives of workers.– An employer who intends
to close down an industrial establishment, to which the
provisionsofChapterXoftheCodeapply,shallapplyinFormXIVtotheCentralGovernmentelectronicallyforprior
permission, at least ninety days beforethe date on which the intended closure
is to become effective, stating clearly therein the reasons for such intended
closure of the industrial establishment and simultaneously a copy of such
application shall also be sent to the representatives of the workers
electronically and in person, or by speed post.
34.
Review of
order.– (1) The Central Government may, either on its own motion
or on an application made by the employeroranyworker,review itsordergrantingor
refusing tograntpermission for the closing downofanindustrial establishment.
(2)
The employer or any worker concerned may make an
application along with the order referred to in sub-rule (1), within thirty
days from the date on which such order is made, to the Central Government for
reviewing that order and thatGovernmentshall,withintwomonthsfromthedateonwhichsuchapplicationismade,disposeofthatapplication
after providing the concerned parties an opportunity of being heard.
(3) WheretheCentralGovernmentdecidestoreviewtheorderreferredtoinsub-rule(1)onitsownmotion,itmaytake necessary steps within one month from the date on which the order is made, and after providing the concerned parties an opportunity of being heard, dispose of such review within a period of two months from the date on which such decision is taken.
35.
Worker
re-skilling fund.– (1) Every employer who has retrenched a worker in
industrial establishment, shall, within ten days from the dateof such
retrenchment, electronically transfer an amount equivalent to fifteen daysof
last drawnwagesofsuchretrenched
workerorworkersinthefund(nameoftheaccount)shallbedisplayedonthewebsite of the
Ministry of Labour and Employment and Chief Labour Commissioner (Central) to be
maintained by the Chief Labour Commissioner (Central) or the office of the
Deputy Chief Labour Commissioner(Central) or the office of the
RegionalLabourCommissioner(Central)ortheofficeoftheAssistantLabourCommissioner(Central),asthecasemay
be.
(2)
Thefundsoreceivedundersub-rule(1)shallbetransferredbytheofficeoftheChiefLabourCommissioner(Central)
or the office of the Deputy Chief Labour Commissioner (Central) or the office
of the Regional Labour Commissioner
(Central)ortheofficeoftheAssistantLabourCommissioner
(Central),electronicallytoeachoftheretrenchedworker account within forty-five
days of retrenchment to enable them to utilise that amount for his re-skilling.
(3)
The employer shall also submit the list containing the
name of the retrenched worker, the amount equivalent to fifteen days of wages
last drawn by such retrenched worker along with his bank account details, to
the office of the Chief Labour Commissioner (Central) or the office of the
Deputy Chief Labour Commissioner (Central) or the office of the Regional Labour
Commissioner (Central) or the office of the Assistant Labour Commissioner(Central),
as the case may be.
36.
Mannerofcompositionofoffence–(1)TheofficernotifiedbytheCentralGovernmentforthepurposesof
compounding of offences under sub-section (1) of section 89 (hereinafter referred to as the “compounding officer”) shall,send a notice to the accused in Form XV through the designatedportal of the Ministry of Labour and Employment.
(2)
The accused to whom thenotice is served under sub-rule
(1), may send the duly filled up application in Part III of FormXVtothecompoundingofficerelectronicallyanddepositthecompoundingamountelectronically,withinfifteen
days of the receipt of the notice.
(3)
Where the prosecution has already been instituted
against the accused in the court of competent jurisdiction, the accused may
make an application to such court to allow composition of the offence against
him and that court may, after considering the application, allow composition of
theoffence by the compounding officer in accordance with the provisions of
section 89 and procedure specified in this rule.
(4) Incasetheaccusediswillingtocompoundbysubmittingtheapplicationundersub-rule(2),thecompoundingofficer
shallcompoundtheoffenceand––
(a)
in case the offence is compounded before the
institution of prosecution, no complaint for prosecution shall be instituted
against the accused;
(b)
incasetheoffenceiscompoundedpendingproceedingundersection85oftheCode,thecompoundingofficer
shallinformthecompositiontotheofficerreferredtointhatsection,whoshall,aftersuchinformation,close
the proceeding in respect of such offence against the accused; and
(c)
in case the offence is compounded after the
institution of prosecution with the permission of the court, the compounding
officer shall treat the case as closed and inform the compounding of the
offence to the
competentcourtbywhichsuchcompositionwasallowedandafterreceivingsuchinformation,thecourtshall
discharge the accused.
CHAPTER XIII
MISCELLANEOUS
37. Protected workers.- (1) Every registered Trade Union connected with an industrial establishment, to which the provisions of the Code apply, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of such Trade Union who are employed in that establishment and who, in the opinion of such Trade Union shall be recognised as protected workers.
(2)
Anychangeintheincumbency ofanyofficeroftheTradeUnionreferredtoinsub-rule(1),shallbecommunicated
to the employer by such Trade Union within fifteen days of such change.
(3)
The employer shall, withinfifteen daysof the receipt
of the namesand addresses fromthe Trade Union under sub-rule (1) and subject to
the provisions of sub-section (3) and (4) of section 90 of the Code recognise
such workers as protected workers for the purposes of the said section and
communicate to such Trade Union in writing, the list of workers recognised as
protected workers for a period of twelve months from the date of such
communication.
(4)
Where the total number of names received by the
employer under sub-rule (1), exceeds the maximum number of protected workers
admissible for the industrial establishment under sub-section (4) of section
90, the employer shall recognise such maximum number of workers as protected
workers:
Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Trade Unions that the numbers of recognised protected workers in individual Trade Unions bear practicably the same proportion to one another as the membership figures of the Trade Unions; and the employer shall in that case inform in writing to the President or the Secretary of each of the concerned Trade Union, the number of protected workers allotted to it:
ProvidedfurtherthatwherethenumberofprotectedworkersallottedtosuchaTradeUnionunderthissub-rule falls short of the number of officers of such Trade Union seeking protection, then that Trade Union shall be entitled to select the officers to be recognised as protected workers and such selection shall be made by that Trade Union and communicated to the employer within five days of the receipt of written intimation of the employer in this regard.
(5)
Where a dispute arises between an employer and any
registered Trade Union in any matter connected with the recognition of
protected workers under this rule, such dispute shall be referred to the Deputy
Chief Labour Commissioner (Central) or Regional Labour Commissioner (Central)
or Assistant Labour Commissioner (Central) concerned, whose decision thereon
shall be final.
38.
Complaintbyaggrievedemployee.–(1)Everycomplaintofanaggrievedemployeeundersection91oftheCode
shall be made in Form-XVI electronically, or by speed post and shall be
accompanied by as many copies thereof for each of the opposite parties
mentioned in such complaint.
(2) Every complaint under sub-rule (1) shall be verified by the aggrieved employee making the complaint or by the authorised representative of such employee to the satisfaction of the conciliation officer, arbitrator, Tribunal or the National Industrial Tribunal, as the case may be, acquainted with the facts of the case.
39.
Authorisationofworkerforrepresentinginproceeding.–WheretheworkerisnotamemberofanyTradeUnion,
anymemberoftheexecutiveorotheroffice-bearerofanyTradeUnionconnectedwithorbyanyotherworkeremployed
intheindustryinwhichtheworkerisemployed,maybeauthorisedinForm-VIbysuchworkertorepresenthiminany
proceeding relating to a dispute in which that worker is a party.
40.
Authorisation
of employer for representing in proceeding.– Where an employer is not
a member of any associationofemployers,anofficerofanyassociationofemployersconnectedwith,orbyanyotheremployerengaged
in, the industry in which the employer is engaged, may be authorised in Form-VI
to represent him in any proceeding relating to a dispute in which that employer
is a party.
41.
Partiesboundbyactsofrepresentative.-Apartyappearingthrougharepresentativeshallbeboundbytheactsof
that representative.
42. Enquiry.–(1)Onreceiptofacomplaintofanoffencecommittedundersub-sections(3),(5),(7),(8),(9),(10),(11)
and(20)ofsection86andsub-section(7)ofsection89,thecomplaintshallbeenquiredintobyanofficernotbelowthe
rankofUnderSecretarytotheGovernmentofIndia,appointedbytheCentralGovernmentforsuchpurposeundersub-section
(1) of section 85 (hereinafter referred to as the “enquiry officer”).
(2) On receipt of the complaint, the enquiry officer shall call upon the person or persons through notice to be sent electronically, or by speed post and upload a copy of the same on the designated portal of the Ministry of Labour and Employment, to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the complainant of the date so specified.
(3) Whereapartysodesires,hemayrequestinwritingtotheenquiryofficertoissuenoticeintheenquiryonlybypost andalsoincaseswheretheenquiryofficer feelsthatnoelectronicmeansofcommunication areavailabletotheparties concerned, he may send such notice by speed post.
(4) Incasethepersontowhomnoticehasbeenissuedundersub-rule(2),thepersonorhisrepresentativefailstoappear on the specified date, the enquiry officer may proceed to hear and determine the complaint ex-parte.
(5) In case the complainant
fails to appear on the specified date without any information to the enquiry
officer on two consecutive dates, the enquiry officer may dismiss the
complaint:
Provided thatnotmorethanthreeadjournmentsmay begiven onthejointapplication bythecomplainantand the opposite party:
Providedfurtherthattheenquiryofficershallathisdiscretionpermithearingthepartiesoranyoftheparty,as
thecasemaybe,throughvideoconferencing.
(6) The authorisation to appear
on behalf of any person under sub-section (2) of section 85 of the Code shall
be given by a certificate or electronic certificate, as the case may be, which
shall be presented to the enquiry officer during the hearing of the complaint
and shall form part of the record.
(7) Any person who intends to
appear in the proceeding on behalf of the complainant shall present before the
enquiry officer and submit a brief statement in writing explaining the reason
for his appearance.
(8) The enquiry officer shall
record an order on the statement referred to in sub-rule (7) permitting the
person referred
tointhatsub-ruletoappearintheproceedingonbehalfofthecomplainant,andinthecaseofrefusingsuchpermission,
the enquiry officer shall include reasons for the same and incorporate it in
the record.
(9) The complaint or other documents relevant to the complaint may be presented in person to the enquiry officer at anytimeduringhoursfixedbytheenquiryofficerormaybesenttohimelectronicallyorbyspeedpostandtheopposite party shall have the right to reply to the complaint and such other documents.
(10) Theenquiryofficershallendorseorcausetobeendorsedoneachdocument,thedateofitspresentationorreceipt, as the case may be, and if the documents are submitted electronically, no such endorsement shall be necessary.
(11)
Theenquiryofficermayrefusetoentertainacomplaint,ifconsidersthatthecomplaintisincompleteandmay
request the complainant to rectify the defects within the time specified for
such purpose:
Provided that if the enquiry officer observes that it is not possible to rectify the defects in the complaint, he may at once return such complaint indicating the defects.
(12) Wherethecomplaintispresentedafterrectificationofthedefects,thedateofsuchre-presentationshallbedeemed
to be the date of presentation for the purpose of sub-section (1) of section 85
of the code.
(13) Theenquiryofficermay,aftergivingthecomplainantanopportunityofbeingheard,refusetoentertainacomplaint, if satisfied for reasons to be recorded in writing, that—
(a) thecomplainantisnotentitledtopresentthecomplaint;or
(b) thecomplainanthasfiledthecomplaintbeyondsixmonthsfromthedateonwhichtheoffencecomplained is committed;
(c) the complainant fails to
comply with the directions given by the enquiry officer under sub-section (2)
of section 85 of the Code.
(14) Theenquiryofficershall,inallcasesmentiontheparticularsatthetimeofpassingofordercontainingthedetails,
suchas,thedateofcomplaint,nameandaddressofthecomplainant,nameandaddressoftheoppositepartyoropposite
parties, section-wise details of the offence committed, plea of the opposite
party, findings and brief statement of the evidence taken including cross
examination, reasons and penalty imposed with his signature, date and place.
(15) The enquiry officer shall, in respect of the procedure be guided by the provisions of the Code of Civil Procedure, 1908 (5 of 1908), with such alterations as the enquiry officer may deem fit, not affecting their substance, for adapting them to the matter before him except where they are in conflict with the express provisions of the Codeor these rules.
(16) The enquiry officer shall,
after the case has been heard, pass an order or give directions on the same day
or on a future date to be fixed for this purpose.
(17) Any person, who is either a complainant or an opposite party or any person permitted under sub-rule (8) shall be entitled to inspect any complaint or any other document filed with the enquiry officer.
43. Expenses of witness.– Every person who attends or otherwiseappears on receiptof asummon as a witness before anyproceeding,shallbeentitledtoanallowancefortheexpensesonthesameratesasapplicabletowitnessesinacivil court in the State where such enquiry, adjudication or arbitration, as the case may be, is being conducted.
44. Publicationforcommunication.–Forthepurposesofcommunicationtoeffectserviceofmessagesanddocuments undertheserules,theCentralGovernment,theNationalIndustrialTribunal,theIndustrialTribunal,everyemployerfor whichtheCentralGovernmentistheappropriateGovernment,everyTradeUnion,negotiatingunionortheconstituents ofnegotiatingcouncilandeveryauthorityreferredtointheserules,shallspecifytheire-mailidorwebsiteorportalor any or all of them, as the case may be, in their respective letter-heads.
45. Maintenance of records, registers, forms, notice and display board.– (1) All records, registers, forms, notices, display boards and other documents which are required to be maintained under these rules shall be maintained in electronic manner in the required format or containing the information as is required.
(2)Therecordsandotherdocumentsreferredtoinsub-rule(1)shallcomplywiththerequirementofretentionofrecords and shall be produced or shown as and when required bythe concerned authority specified in this behalf under the Code.
46. Appointment of Commissioner.- For the purposes of computing the money value of a
benefit referred to in sub-section (2) of section 59 of the Code, the Tribunal
may appoint ––
(a) personwithexperienceintheparticularindustry,trade,businessorfieldencompassingthequestionreferredtoinsub-section(2)ofthesaidsection;or
(b) personwhohadbeenajudgeofacivilcourt; or
(c) stipendiarymagistrate;or
(d) RegistrarorSecretaryofaTribunalconstitutedunderanyCentralActoraTribunaloraNationalIndustrial
TribunalconstitutedundertheCode.
47. Fee for Commissioner, etc.- (1) The Tribunal shall, after consultation with the
parties, estimate the probable duration of enquiry by the Commissioner referred
to in rule 48 and fix the fee and other incidental expenses incurred.
(2) The Tribunal shall direct
the payment of fee and other incidental expenses to the Commissioner, within
specified time, by such party or parties and in such proportion, as it may deem
fit.
(3) The Commissioner shall not
submit his report until the receipt of deposit of fee referred to in sub-rule
(2) is filed before the Tribunal:
Provided that the Tribunal may, for reasons to be recorded in writing, direct that any further sum or sums be deposited within such time or extend the time for depositing and by such parties as it may deem fit.
(4) TheTribunalmay,atanytime,forreasonstoberecordedinwriting,varytheamountofthefee.
(5) TheTribunalmaydirectthatthefeeshallbedisbursedtotheCommissionerinsuchinstalmentsandonsuchdateas
it may deem fit.
(6) The undisbursed balance, if
any, of the sum deposited under this rule shall be refunded to the respective party
or parties who deposited the sum in the same proportion as that in which it was
deposited.
48. Time for submission of report.- (1) Every order for the appointment of
Commissionershall indicate a date, allowing sufficient time for the
Commissioner to submit the report.
(2) If, for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, the commissioner shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the Tribunal shall, after consideration, pass suitable orders on such application:
ProvidedthattheTribunalmay,ifitdeemsfitforsufficientcause,grantextensionoftimewherenoapplication for such extension has been received from the Commissioner.
SCHEDULE
FORM-I
[Seerule4]
(MEMORANDUMOFSETTLEMENTARRIVEDATINTHECOURSEOFCONCILIATIONPROCEEDINGS OR OTHERWISE)
Namesof parties:
….......................................................................... Representingemployer(s);
…..................................................................... Representingworker(s);
Shortrecitalofthecase
………………………………………………………..
Termsofsettlement
……………………………………………………….
Signatureofthe parties
Witnesses:
(1)
(2)
*Signatureofconciliationofficer
In case the settlement is arrived at between the employer and his workers otherwise than in the course of conciliation proceeding the copy of the memorandum shall be marked to the concerned Deputy Chief Labour Commissioner (Central).
FORM-II
[Seesub-rule(8)ofrule9/sub-rule(9)ofrule23]
(APPLICATION TO TRIBUNAL)
BeforetheCentralGovernment Industrial Tribunal--------------------------------------------------------------------------- (placeof the
IndustrialTribunalhavingjurisdictionwheredisputearises)
(A) Nameandaddressofapplicant(s)
Versus
(B) Nameandaddressofoppositeparty(ies)
Brief facts of the dispute (statement regarding specific issues of dispute may be mentioned) which are connected with andrelevanttothedisputeundersub-section(1)ofsection22/sub-section(6)ofsection53*oftheIndustrialRelations Code, 2020 (35 of 2020).
Prayer:
The applicant(s) pray(s) that instant application may be admitted for adjudication and request(s) to pass appropriate award in the matter.
Nameandsignatureoftheworker(s)or OfficerofTradeunionraisingthedispute/Partyindispute*
(*strikeoffwhichisnotapplicable)
FORM III
(Seerule17)
(REGISTERFORCERTIFIEDSTANDINGORDERS) PART- I
IndustrialEstablishment
|
Uniqueand continuous
number |
Name of the industrial
establishment |
Nature of the industrial
establishment |
The areas of operationofthe industrial establishment |
Whetherstanding order is (a)
modelstanding order, or (b) deemedstanding orderor (c)
certifiedstanding order |
Date of adoption or date
of deemed authenticationordate of certification / authenticationof standing order |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
Dateof filing appeal |
Dateand natureof decision |
Amendment made on appeal,ifany |
Date of the dispatch of the copy of
standingordersassettledonappeal |
Anyotherrelevantdetail |
|
(7) |
(8) |
(9) |
(10) |
(11) |
PART-II
Enclosethecertifiedcopyofthestandingorderselectronically.
FORM-IV
(Seerule19)
(NOTICEOFCHANGEOFSERVICECONDITIONS)
Nameofemployer................................................................................................
Address...............................................................................................................
Datedthe............................................dayof.................................20..............
In accordance with sub-section (1) of section 40 of the Industrial Relations Code, 2020 (35 of 2020),I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from ............. in the conditions of service applicable to workersin respect of the matters specified in the Third Schedule to the said Code.
Signature.....................
Designation.................
ANNEXURE
(Specifythechange/changesintendedtobeeffected)
Copyforwardedto:
1.
TheSecretaryofregisteredTradeUnion,ifany/Secretary,negotiatingunion/constituentofnegotiating
council.
2.
ConcernedDeputyChiefLabourcommissioner(Central).
FORM-V
(Seerule20)
(AGREEMENTFORVOLUNTARYARBITRATION)
Between
…...................... Nameofthepartiesrepresentingemployer (s)
And
…............................ Nameofthepartiesrepresentingworker
Itisherebyagreedbetweenthepartiestoreferthefollowingdisputetothearbitrationof............................................. [herespecify
thename(s)andaddress(es)ofthearbitrator(s).
(i)
Specificmattersindispute.
(ii)
Detailsofthepartiestothedisputeincludingthenameandaddressoftheestablishmentorundertaking
involved.
(iii)
NameoftheworkerincasehehimselfisinvolvedinthedisputeorthenameoftheUnion,ifany,representing
the worker or workersin question.
(iv)
Totalnumberofworkersemployedintheundertakingaffected.
(v)
Estimatednumberofworkersaffectedorlikelytobeaffectedbythedispute.
*Wefurtheragreethatthemajoritydecisionofthearbitratorsshallbebindingonusincasethearbitrator(s)
areequallydividedintheiropiniontheyshallappointanotherpersonasumpirewhoseawardshallbebindingonus.
Thearbitrator(s)shallmakehis(their)awardwithinaperiodof............................................ (specifytheperiodagreed
upon by the parties) from thedate of publication of this agreement in the Official Gazette by the CentralGovernment or within such further time as is extended by mutual agreement between us in writing. In case, the award is not made within the period afore mentioned, the reference to the arbitration shall stand automatically cancelled and shall be free to negotiate for fresh arbitrator.
Signatureofthepartiesrepresentingemployer/anyofficeroftheTradeUnion/Representingworker/workers. Witnesses:
1. ..................................
2. ..................................
Copyto:(i)Theconciliationofficer[Enterofficeaddressoftheconciliationofficerfortheareaconcerned].
(ii)TheSecretarytotheGovernmentofIndia,MinistryofLabourandEmployment.
FORM-VI
(Seerules22,41and42)
(AUTHORISATION BY WORKER, GROUP OF WORKERS, EMPLOYER OR GROUP OF EMPLOYERS TO BE REPRESENTED IN PROCEEDING BEFORE THE AUTHORITY)
Inthematter of:. (mentionthenameoftheproceeding)
................................................. workers
Versus.............................................................................................................................. employer
I/weherebyauthoriseShri/Shrimati/Kumari....................................... torepresentme/usintheabovematter.
Datedthis......................dayof..............................20..........
Signatureofperson(s)nominatingtherepresentative(s) Address
Accepted.
Signatureofrepresentative(s)
Address
FORM-VII
(Seerule24)
(APPLICATIONUNDERSECTION59(1)OFTHEINDUSTRIALRELATIONSCODE,2020)FORRECOVERY OF MONEY
To,
(1) TheSecretarytotheGovernmentofIndia,MinistryofLabourandEmployment,NewDelhi.
(2) TheDeputyChiefLabourCommissioner(Central)............................... (hereinsertthenameoftheregion).
Sir,
I/WehavetostatethatIam/weareentitledtoreceivefromM/s...................................asumofRs................................. (in
words)onaccountof..................... undertheprovisionsofChapterIXandXoftheIndustrialRelationsCode,2020(35 of
2020)/intermsoftheawarddatedthe....................givenby...................../intermsofthesettlementdatedthe
.....................arrivedat betweenthesaidM/s.........................andtheirworkerthrough........................................... thedulyelected
representatives.
I/WefurtherstatethatI/weservedthemanagementwithademandnoticebyspeedposton....................................... for
the said amount which the management has neither paid nor offered to pay to me/us eventhough a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed.
I/Werequestthatthesaidsummaykindlyberecoveredfromthemanagementundersub-section(1)ofsection 59 of the Industrial Relations Code, 2020 (35 of 2020) and paid to me/us as early as possible.
Signatureofthe applicant(s)
Date:.
ANNEXURE
(Specifythedetailsoftheamount(s)claimed.)
FORM-VIII
(Seerule24)
[APPLICATION BYAPERSONAUTHORISEDBYAWORKERORBYTHEASSIGNEEORHEIROFA DECEASED WORKER UNDER SECTION 59(1) OF THE INDUSTRIAL RELATIONS CODE, 2020]
To
(1) TheSecretarytotheGovernmentofIndia,MinistryofLabourandEmployment,NewDelhi.
(2) TheDeputyChiefLabourCommissioner(Central)........................... (hereinsertthenameofthe region).
Sir,
IShri/Shrimati/Kumari.........................statethatShri/Shrimati/Kumari.........................is/wasentitledto
receivefromM/s.................................asumofRs................................. (inwords)onaccountof....................................... underthe
provisionsofChapterIXandXoftheIndustrialRelationsCode,2020(35of2020)/intermsoftheawarddated the............................givenby...................../intermsofthesettlement,datedthe.................................................................................................................................................................... arrivedatbetweenthesaid
M/s.....................andtheirworkerthrough........................... thedulyelected representatives.
IfurtherstatethatIservedthemanagementwithademandnoticebyspeedposton..................................... forthesaid
amountwhichthemanagementhasneitherpaidnorofferedtopaytomeeventhoughafortnighthassinceelapsed.The details of the amount have been mentioned in the statement hereto annexed.
Irequestthatthesaidsummay kindlyberecoveredfrom themanagementunder sub-section (1)ofsection59 of the Industrial Relations Code, 2020 (35 of 2020), and paid to me as early as possible.
Ihavebeendulyauthorisedinwritingby.....................(hereinsertthenameoftheworker)tomakethis
applicationandtoreceivethepaymentoftheaforesaidamountduetohim.
Iamtheassignee/heirofthedeceasedworkerandentitledtoreceivethepaymentoftheaforesaidamountdue
tohim.
Station......................... Signatureoftheauthorisedperson/assignee/heirs Date…………….........
Address.........................
ANNEXURE
(Specifythedetailsoftheamountclaimed.)
FORM-IX
(Seerule24)
[(APPLICATIONTOTRIBUNALUNDERSECTION59(2)OFTHEINDUSTRIALRELATIONSCODE,2020 BY WORKER)]
BeforetheCentralGovernmentIndustrialTribunalat.……….
.............................................................between.................................... and.
.........................................................................................
(1) Nameoftheapplicant(s)……………………………………………………………………….
(2) Nameoftheemployer………………………………………………………………………….
The petitioner(s) .................... a worker of ......................M/s............................................ of
.........................................Thepetitioner(s)undersigned,worker/workersof........................................... is/areentitledtoreceive
fromthesaidM/s........................................... themoney/benefitsmentionedinthestatementheretoannexed.
ItisprayedthattheTribunalmaybepleasedtodeterminetheamount/amountsduetothepetitioner(s).
Signatureorthumbimpression(s)oftheapplicant(s)
Address(es)……………………………………………………..
Place......................................................
Date.........................................................
ANNEXURE
(Specifythedetailsofthemoneydueorthebenefitsaccruedtogetherwiththecasefortheiradmissibility.)
FORM-X
[Seerule24]
(APPLICATIONUNDERSECTION59(2)OFTHEINDUSTRIALRELATIONSCODE,2020BYASSIGNEE/ HEIR OF DECEASED WORKER)
BeforetheCentralGovernmentIndustrialTribunalat.......................................... Between
(i) Nameoftheapplicant/applicants……………………………………………….
(ii) Nameoftheemployer …………………………………………………………………..
Iam/Wearetheassignee(s)ofthedeceasedworkerandam/areentitledtomakeanapplicationonhisbehalf.
Shri/Smt...................formerworkerofM/s....................................... of......................... isentitledtoreceivefromthe
said M/s............................... themoney/benefitsmentionedinthestatementheretoannexed;
ItisprayedthattheTribunalbepleasedtodeterminetheamount/amountsduetothedeceased worker.
NameandAddressofworker..........................
Signatureofthe assignee/heirs
Address(es)……………………………………………………..
Place......................................................
Date.........................................................
ANNEXURE
(Specifythedetailsofthemoneydueorthebenefitsaccruedtogetherwiththecasefortheiradmissibility).
FORM-XI
(Seerule25)
[NOTICEOFSTRIKEBYUNION(NAMEOFUNION)/GROUPOFWORKERS]
NameofUnion...................................................................................... /
Nameoffiveelectedrepresentativesofworkers……………………………………………..
Datedthe...............dayof................20............
To
(Thenameoftheemployer). Dear Sir/Sirs,
Inaccordancewiththeprovisionscontainedinsub-section(1)ofsection62oftheIndustrialRelationsCode, 2020 (35 of 2020)I/We hereby give you notice that Ipropose to call astrike / we propose to go on strike on
………..20...... ,forthereasonsexplainedintheAnnexure.
Five representatives of the workers duly elected at a meeting held on ............................... (date), vide resolution attached.]
Copyto:
ANNEXURE
StatementoftheCase.
(1) Conciliationofficer............. [EntertheofficeaddressoftheAssistantLabourCommissioner(Central)/
RegionalLabourCommissioner(Central)/DeputyChiefLabourCommissioner(Central)oftheconcerned area.]
(2) ChiefLabourCommissioner(Central)NewDelhi
(3) Secretary,MinistryofLabourandEmployment,NewDelhi
FORM-XII
(Seerule26)
(NOTICEOFLOCK-OUTGIVENBYEMPLOYEROFINDUSTRIALESTABLISHMENT) Name of employer ..........................................................................................................
Address..........................................................................................................................
Datedthe...............dayof................20...................
Inaccordancewiththeprovisionsofsub-section(2)ofsection62oftheIndustrialRelationsCode,2020(35 of 2020) ,I/we hereby give notice to all concerned that it is my/our intention to effectlock out in..,..........................................................department(s),section(s)ofmy/ourestablishmentwitheffect from for the reasons explained in the Annexure.
Signature.....................................................
Designation............................................
ANNEXURE
|
1. |
Statementofreasons |
Copyforwardedto:
(1) TheSecretaryoftheRegisteredUnion,if any
(2) Conciliationofficer............. [EntertheofficeaddressoftheAssistantLabourCommissioner(Central)/
RegionalLabourCommissioner(Central)/DeputyChiefLabourCommissioner(Central)oftheconcerned area.]
(3) ChiefLabourCommissioner(Central)NewDelhi
(4) Secretary,MinistryofLabourandEmployment,NewDelhi
FORM-XIII
(Seerules27and 29)
(NOTICEOFRETRENCHMENT/CLOSURETOCENTRALGOVERNMENTUNDERCHAPTERIXOFTHE INDUSTRIAL RELATIONS CODE, 2020)
(Tobesubmittedonline.Incaseofexigenciestobesubmittedonpaperintheprescribed format) Name of industrial establishment /undertaking/ employer.........................................
LabourIdentificationNumber.......................................................................................
Dated.................
(Note:Theintimationforclosure/retrenchmenttotheappropriategovernmentshallbeservedsixtydaysandthirtydays
beforecommencementofclosure/retrenchmentrespectively) To,
TheSecretarytotheGovernmentofIndia, Ministry of Labour and Employment
NewDelhi
1. *(Retrenchment)(a)Undersection70(C)oftheIndustrialRelationsCode,2020(35of2020),I/we*herebyintimate
youthatI*/we*havedecidedto
retrench..................................workers**outofa
totalof…….Workers**with effect from...................... (DD/MM/YYYY)
or
*(Closure) (b) Under section 74(1) of the Industrial Relations Code, 2020 (35 of 2020), I / we* hereby intimate youthatI*/we*havedecidedtoclosedown,................................................................................................................................. (nameoftheindustrialestablishmentor
undertaking) with effectfrom......................... (DD/MM/YYYY). The number ofworkerswhose services would be terminated on account of the closure of the undertaking is..... (number of workers)
2.
The reason for retrenchment / closure is ………………………
………………………………………………………………………………………………………………………
………………………………………..………
3.
*Theworker(s)*concernedweregivenonthe............................... (DD/MM/YYYY)onemonth’snoticeinwritingas
requiredundersection70(a)*/section75(1)*oftheIndustrialRelationsCode,2020(35of2020).
or
*Theworker(s)concernedhavebeengivenonthe…......................... (DD/MM/YYYY)onemonth’spayinlieuofthe
noticeasrequiredundersection70(a)*/section75(1)*oftheIndustrialRelationsCode,2020(35of2020).
4.
* I*/We* hereby declare that the worker(s) concerned have been*/will
be* paid all their dues along with the compensation due to them under section
70* / section 75* of the Industrial Relations Code, 2020 (35 of 2020) before or
on the expiry of the notice period.
or
*I/We* hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/Employer, and thatI*/we* will pay all the dues along with the compensation due to them under concerned laws.
5.
(Retrenchment)I/we*herebydeclarethattheworker(s)concernedhavebeen*/willbe*retrenchedincompliance
to the section 71 and section 72 of the Industrial Relations Code, 2020 (35 of
2020).
6.
I*/we*herebydeclarethatnocourtcaseispendingbeforeanyCourtinthematter,andifyes,thedetailsthereof
have been Annexed.
7.
I*/we* hereby declare thatthe above information given by me*/us* in
this notice and the Annexures enclosed
herewithtrue,I*/we*am*/are*solelyresponsibleforitsaccuracyandnofacts/materialshasbeensuppressedin
the matter.
Yoursfaithfully,
(Nameofemployer/***authorisedrepresentative
withseal)
(*Strikeoffwhichisnotapplicable.)
(**Indicatenumberinfiguresandwordsboth)
(***Copyofauthorisationletterissuedbytheemployershallbeenclosed) Copy to :
(1) DeputyChiefLabourCommissioner(Central)oftheconcernedarea.
(2) TotheRegisteredUnions/AuthorisedRepresentativesofWorkersoperatingintheestablishmentsorundertakings.
FORM-XIV
(Seerules30,31,33and35)
(APPLICATION FOR PERMISSION TO LAY-OFF/CONTINUATION OF LAY-OFF/ RETRENCHMENT/ CLOSURE TO THE CENTRAL GOVERNMENT UNDER CHAPTER X OF THE INDUSTRIAL RELATIONS CODE, 2020)
(Tobesubmittedonline.Incaseofexigenciesonpaperinthespecifiedformatbelow)
Name of industrial establishment or undertaking or employer..................................... LabourIdentificationNumber.........................................................................................
Dated.................
(Note:TheapplicationtotheCentralGovernmentshallbeservedasindicatedbelow: Lay-off : at least 15 days before the intended Lay-off
ContinuationofLay-off–atleast15daysbeforetheexpiryofearlierlay-off Retrenchment – at least 60 days before the intended date of retrenchment Closure – at least 90 days before the intended date of closure)
To,
TheSecretarytotheGovernmentofIndia, Ministry of Labour and Employment
NewDelhi
1.
*(Lay-off) (a). Under section 78(2) of the Industrial
Relations Code, 2020 (35 of 2020), I*/we* hereby apply for “permissiontolay-off……….workers**outoftotalof workers**employedinmy*/our*establishment
(detailsto begiven
inAnnexure-I)with effect from............... (DD/MM/YYYY)for
the reasons explainedinAnnexure-
I. .
or
*(Continuation of lay-off) (b) Under section 78(3) of the Industrial Relations Code, 2020 (35 of 2020), I*/we*herebyapplyforpermissiontocontinuetheLay-off.........workers**outoftotalof................................................................................................................................................................... laidoffworkers**in
my*/our*establishment(detailstobegiveninAnnexure-I)witheffectfrom............................. (DD/MM/YYYY) forthe
reasonsexplainedinAnnexure-I.
or
*(Retrenchment)(c)Undersection79(2)oftheIndustrialRelationsCode,2020(35of2020),I*/we*herebyapply for permission for intended retrenchment of................. workers out of total of …….. workers** employed in my*/our*establishment(detailstobegiveninAnnexure-I)witheffectfrom.......................................................................................................................................................... (DD/MM/YYYY) forthe
reasonsexplainedinAnnexure-I.
or
*(Closure)(d)Undersection80(1)oftheIndustrialRelationsCode,2020(35of2020),I/we*herebyinformyou thatI*/we*intendedtoclosedowntheundertaking....................................................................................................................................... (nameoftheindustrialestablishment
orundertakingoremployer)(detailstobegiveninAnnexure-I)witheffectfrom......................... (DD/MM/YYYY)for the
reasonsexplainedinAnnexure-I..Thenumberofworkerswhoseserviceswouldbeterminatedonaccountofthe closure of the undertaking is................... (number of workers).
* (Lay-off/ContinuationofLay-off)Theworker(s)concernedweregivenon............................... (DD/MM/YYYY)noticein
writingasrequiredundersection78(2)*/section78(3)*oftheIndustrialRelationsCode,2020(35of2020).
or
*(Retrenchment/Closure)Theworker(s)concernedweregivenon..................... (DD/MM/YYYY)threemonth’snotice
inwritingasrequiredundersection79*/section80*oftheIndustrialRelationsCode,2020(35of2020).
or
*(Retrenchment/Closure)Theworker(s)havebeengivenon................... (DD/MM/YYYY)threemonth’spayinlieuof
noticeasrequiredundersection79*/section80*oftheIndustrialRelationsCode,2020(35of2020).
2.
Thedetailsofaffectedworker(s)isatAnnexureII.
3.
(Retrenchment) I*/we* hereby declare that the workers concerned will be
retrenched incompliance to the section 71 and section 72 of the Industrial
Relations Code, 2020 (35 of 2020).
4.
*I/We*hereby declare thatthe worker(s) concerned have been*/willbe*paid
allthe duesand compensation due to them under section 67, read with section
78(10)*/ section 79* / section 80* of the Industrial Relations Code, 2020 (35
of 2020) before or on the expiry of the notice period.
or
*I/We hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/Employer, and thatI*/we* will pay all the dues along with the compensation due to them under concerned laws.
5.
I/ we* hereby declare that no court case is pending before any Court in
the matter, and if yes, the details thereof have been annexed herewith.
6.
I/we herebydeclarethatthe aboveinformationgivenbyme/us*in thisnotice
and enclosuresis/are*true,I/we am/ are solely responsible for its accuracy and
no facts/ materials has been suppressed in the matter.
Thepermissionsoughtformaypleasebegranted.
Yoursfaithfully,
(Nameofemployer/***authorisedrepresentative
withseal)
(*Strikeoffwhichisnotapplicable.)
(**Indicatenumberinfiguresandwordboth)
(***Copyofauthorisationletterissuedbytheemployershallbeenclosed)
ANNEXURE I
(Pleasegiverepliesagainsteachitem)
|
1. |
Name of the undertaking with complete postal
address, email, mobile and land line. |
|
|
2. |
Statusof
undertaking— (i)WhetherCentralpublicsector/Statepublicsector/likeother, (ii)Whetheraprivatelimitedcompany/partnershipfirm/partnership firm (ii) Whether the undertaking is
licensed/registered and if so, name of licensing/ registration authority and
licence/registration certificate numbers. |
|
|
3. |
(a)CorporateIdentificationNumber |
|
|
(b)GoodsandServiceTaxIdentificationNumber(GSTIN) |
|
|
4. |
(i) Annualproduction,itemwiseforprecedingthreeyears- (ii) Productionfigures,month-wise,fortheprecedingtwelvemonths, |
|
|
5. |
Auditreportofthelegalentitythatowntheestablishment/undertakingincluding
Balance sheets, profit and loss accounts for the last three years. |
Tobe annexed |
|
6. |
Namesoftheinter-connectedcompaniesorcompaniesunderthesame
management. |
|
|
7. |
Reasonsfortheintendedlay-off/continuationoflay-off/retrenchment/closure |
|
|
8. |
Details of lay-off/
retrenchment resorted to in the last three years including the periods of
such lay-offs/ retrenchmentthe number of workers involved in each such
lay-off/ Retrenchment / continuation oflay off |
|
|
9. |
Anyotherrelevantdetailswhichhavebearingonlay-off/continuationoflay
off/ retrenchment/ closure. |
|
ANNEXURE II
(Detailsofaffectedworkers)
|
Sl. No |
UAN/ CMPFO |
Nameofworker |
Category(highly
skilled / skilled/ semi-skilled / unskilled) |
Datefromwhichin
servicein/with the said establishment /undertaking/ employer |
Wageason
date of application |
Remark |
|
1 |
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
3 |
|
|
|
|
|
|
FORM-XV
[Seerule38]
(NOTICETOTHEEMPLOYER/PERSONWHOCOMMITTEDANOFFENCEFORTHEFIRSTTIME)
The Compounding Officer, hereby informs you that the allegation has been made against you for violation of various provisions of this Code as per the details given below:––
PART-I
1. Nameandaddressoftheoffenderemployer/person- ……………………………..
2. Addressoftheestablishment…………….………………………………………….
4. Particularsoftheoffence…………………………………………………………………………
5. SectionoftheCodeunderwhichtheoffenceiscommitted
……………………………………………………………..
6. Compoundingamounttobepaidtowardscompositionofthe
offence………………………………………………………………….
PART–II
You are advised to deposit the above mentioned amount within fifteen days from the date of receipt of thisnoticeforcompoundingoftheoffencereadwithrule38,alongwithanapplicationdulyfilledinPart–IIIofthisnotice.
In case you fail to deposit the said amount within the time so specified, no further opportunity shall be given to you and necessary steps shall be taken for filing of prosecution under section 87 of the Code.
(Signatureofthecompoundingofficer)Date: Place:
PART–III
1. Nameofapplicant(nameoftheemployer/personwhocommittedtheoffenceundertheIndustrialRelationsCode
2020 (35 of 2020) to be mentioned……………………………………………………..
2. Addressoftheapplicant…………….………………………………………….
3. Particularsoftheoffence
……………………………………………………………………………………………………………………………
………………………………………………………………………………………………………..
4. SectionoftheCodeunderwhichtheoffencehasbeencommitted
……………………………………………………………..
5. Detailsofthecompoundingamountdeposited(electronicallygeneratedreceipttobe
attached)………………………………………………………………….
6. Detailsoftheprosecution,iffiledfortheviolationofabovementionedoffencesmaybegiven
…………………………………………..
7. Whethertheoffenceisfirstoffenceortheapplicanthadcommittedanyotheroffencepriortothisoffence,if
committed, then, full details of the offence
……………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
…………………………………………………………………..
8. Anyotherinformationwhichtheapplicantdesirestoprovide
……………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
…………………………………………………………………..
Applicant
(Nameandsignature)Dated: Place:
Form-XVI
(Seerule40)
(COMPLAINTUNDERSECTION91OFTHEINDUSTRIALRELATIONSCODE,2020)
BeforetheConciliationofficer/Arbitrator/Tribunalor,NationalIndustrialTribunal ,
Inthematterof:...................................ReferenceNo…………………………………….
A. ..................... Complainant(s);
Versus
B. ..................... OppositeParty(ies).
Address:
The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been guilty of a contravention of the provisions of section 90 of the Industrial Relations Code, 2020 as shown below:
(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the
managementischallenged.)
The complainant(s) accordingly prays/pray that theConciliation officer/ Arbitrator/ Industrial Tribunal or National IndustrialTribunalmaybepleasedtodecidethecomplaintsetoutaboveandpasssuchorderorordersthereonasitmay deem fit and proper.
Thenumberofcopiesofthecomplaintanditsannexurerequiredunderrule40aresubmittedherewith. Dated this............day of............20....... Signature of the complainant(s)
Verification
Idosolemnlydeclarethatwhatisstatedinparagraph..................... aboveistruetomyknowledgeandthatwhatisstatedin
paragraphs........ aboveisstateduponinformationreceivedandbelievedbymetobetrue.Thisverificationissignedby
meat....................on............dayof....................20.....................
Signatureorthumbimpressionofthepersonverifying
Uploaded by
Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New
Delhi-110064 and Published by the Controller of Publications, Delhi-110054. KUMER CHAND Digitally signed by KUMER
MEENA
Date:2026.05.08 14:23:38
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