SET:LL:Industrial Relations Code 2020 [announced
on 22.11.2025]:notes prepared on 28112025
Topic : Industrial Relations Code (for G S
Papers) {Prepared on 28 .11.2025 }
For Study purpose only
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TOPIC : Industrial Relations Code : for UPSC(CSE)(Prelims) Exams. 2026
[THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.]
QUESTIONS & ANSWERS
Question: Industrial Relations Code (IR Code) has been prepared after amalgamating, simplifying and rationalizing the relevant provisions of which of the following ?
(a) Trade Unions Act, 1926,
(b) the Industrial Employment (Standing Orders) Act, 1946 and ( c) the Industrial Disputes Act, 1947
(d)All the above
Ans : d
Question: The Industrial Relations Code acknowledges the fact that survival of workers depends upon survival of industry. In this backdrop, it simplifies laws related to what ?
Ans : Trade unions, conditions of employment in industrial
establishment or undertaking, investigation and settlement of industrial disputes.
Question: What is Fixed Term Employment (FTE) ?
Ans :The concept of Fixed Term Employment (FTE) has been
introduced, which allows engagement of workers through a direct written contract between the employer and the employee for a specified duration. Such workers are entitled to all benefits, including working hours, wages, allowances, and statutory benefits, on par with permanent employees.
It is a win-win situation for employee and employer as this provision is expected to reduce excessive contractualization and offer cost efficiency to employers.
Question: What is Re-skilling Fund ?
Ans : To train retrenched employees, this fund has been set up from the contribution to be made by an industrial establishment for an amount equal to 15 days' wages for every worker retrenched. This is in addition to retrenchment compensation. The amount will be credited to the workers account within 45 days of retrenchment.
Question: How to get Trade Union Recognition ?
Ans :. Trade unions that previously lacked formal recognition now have a clear pathway to legal recognition. A union with 51% membership in an establishment can be categorised as a Negotiating Union with exclusive rights to represent workers in collective bargaining and grievance redressal. In case this threshold is not met, Negotiating Council shall be constituted comprising representatives of all trade unions with at least 20% membership.
Question: What is the Expanded Worker Definition?
Ans : To ensure that more workers have access to basic labour rights, an inclusive definition of ‘worker’ has been established. Pursuant to Section 2(zr) of Industrial Relations Code, 2020, the definition of ‘worker’ has been expanded to include sales promotion employees, working journalists, and supervisory employees earning up to ₹18,000 per month, thereby extending statutory labour protections
to a wider segment of the workforce.
Question: What is the broader definition of industry ?
Ans : It includes all systematic employer-emplooyee activities , regardless of profit or capital, widening access to labour protections. As per Section 2(p) of Industrial Relations Code, 2020, the term “industry” now encompasses any systematic activity carried on by cooperation between employer and worker, regardless of whether capital is invested or profit is intended, thereby bringing non-profit and low-capital activities within its ambit.
Question: What is the Higher Threshold for Lay-off/Retrenchment/ Closure ?
Ans : The code establishes that the industrial establishment, employing 300 or more workers, shall require prior permission from the appropriate Government, for lay-off, retrenchment, or closing down its industrial establishment. The threshold has been increased from 100 to 300, with flexibility for States to enhance this limit further.
Question: What about women’s representation as per IR Code 2020?
Ans :The Code provides for adequate representation of women in the Grievance Redressal Committee, not less than in proportion to their
presence in the workforce in the industrial establishment. Thus, ensuring gender-sensitive dispute resolution and promoting equality and safety at the workplace.
Question: What about the Standing Orders Threshold limit ?
Ans :To reduce the compliance burden for the establishments, the provisions relating to the requirement of certified standing orders shall apply only to industrial establishments employing 300 or more workers (previously 100) on any day in the preceding 12 months.
Question: Is there provision for work from home ?
Ans : As per the code, it is permitted in service sectors by mutual consent , improving flexibility .
Question: Industrial Tribunals consist of whom ?
Ans : Industrial Tribunals: Two-member tribunals consisting of judicial and administrative member for quicker dispute resolution.
Question: Whether Direct Tribunal Access is permitted ? Ans : Parties may approach tribunals directly after failed conciliation
within 90 days.
Question: What is the notice period for strikes/lockouts ?
Ans : Notice for Strikes/Lockouts: Mandatory 14-day notice for all establishments to promote dialogue and minimize disruptions.
Question: What is the expanded definition of strike ?
Ans : Expanded Definition of Strike includes ‘mass casual leave also within the ambit to prevent flash strikes and ensure lawful action. Question :What about Decriminalization & Compounding about offences ?
Ans : Minor offences made compoundable with monetary penalties, promoting compliance over prosecution.
Question: What about digital processes ?
Ans : It enables electronic record-keeping , registration , and communication for transparency and efficiency.
============================================ Question: What is the definition of wage ?
Ans: A single, consistent definition of wages has been applicable across all labour codes. The Industrial Relations Code, 2020 provides the 50% ceiling on
exclusions to ensure that statutory benefits such as gratuity, retrenchment compensation, and social security contributions are calculated on a fair and substantial portion of actual earnings, preventing employers from artificially
splitting wages to reduce obligations. Legally, this aligns with the principle of beneficial construction in social welfare legislation, giving courts a clear statutory basis to protect workers’ entitlements and reducing ambiguity that previously led to disputes.
—------------------------------------------------------------------------------- Question: What are the highlights of the Industrial Relations Code , 2020 ?
Ans :
(1)The Industrial Relations Code, 2020 is designed to consolidate & amend the laws regarding trade Unions, retrenchment, industrial disputes and simplifying compliance by providing uniform definitions.
(2) The Code seeks to promote industrial harmony by balancing worker protection with business flexibility and facilitating ease of Doing Business. (3)With the introduction of The Industrial Relations Code, 2020 the number of rules has been reduced from 105 to 51, number of forms from 37 to 18 and number of registers from 3 to zero, thereby reducing the overall compliance burden to spur employment.
(4)The Industrial Relations Code, 2020 creates a balanced and progressive framework that benefits workers, employers, and the economy alike. It is pro-labour, ensuring fair representation, job security, and quicker dispute resolution.
(6)At the same time, it is pro-employment, simplifying compliance and promoting flexible hiring.
(7)With pro-women measures encouraging equal representation and working flexibility, it fosters inclusive participation.
=============================================== Question: What is the ‘average pay’ as per IR Code 2020?
Ans :As per Section 2(d) , the "Average pay" means the average of the wages payable to a worker,—
(i) in the case of monthly paid worker, in three complete calendar months; (ii) in the case of weekly paid worker, in four complete weeks; (iii) in the case of daily paid worker, in twelve full working days,
preceding the date on which the average pay becomes payable, if the worker had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a worker during the period he actually worked;
Question: What is an award as per IR Code 2020 ?
Ans :As per Section 2 (e) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Industrial Tribunal referred to in section 44 or National Industrial Tribunal referred to in section 46 and includes an arbitration award made under section 42;
Question: What is banking company as per IR Code 2020 ?
Ans : As per section 2 (f) "banking company" means a banking company as defined in section 5 of the Banking Regulation Act, 1949 and includes the Export-Import Bank of India, the Industrial Reconstruction Bank of India, the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989, the Reserve Bank of India, the State Bank of India, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980; Question: What is ‘closure’ as per IR Code 2020 ?
Ans : As per section 2 (h) "closure" means the permanent closing down of a place of employment or part thereof;
Question :Who is the conciliation officer as per IR Code ?
Ans : As per section 2(i) "conciliation officer" means a conciliation officer appointed under section 43;
Question : Who is an employee as per IR Code 2020 ?
Ans : As per section 2 (l) "employee" means any person (other than an apprentice engaged under the Apprentices Act, 1961) employed by an industrial establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union
Question : Who is an employer as per IR Code 2020 ?
Ans : As per section 2 (m) "employer" means a person who employs, whether directly or through any person, or on his behalf or on behalf of any person, one or more employee or worker in his establishment and where the establishment is carried on by any department of the Central Government or the State Government, the authority specified by the head of the department in this behalf or where no authority is so specified, the head of the department, and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—
(i) in relation to an establishment which is a factory, the occupier of the factory as defined in clause (n) of section 2 of the Factories Act, 1948 and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the said Act, the person so named;
(ii) in relation to any other establishment, the person who, or the authority
which has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director;
(iii) contractor; and
(iv) legal representative of a deceased employer;
Question: What is fixed term employment (FTE) ?
Ans : As per section 2 (o) "fixed term employment" means the engagement of a worker on the basis of a written contract of employment for a fixed period: Provided that— (a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent worker doing the same work or work of similar nature;
(b) he shall be eligible for all statutory benefits available to a permanent worker proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute; and
(c) he shall be eligible for gratuity if he renders service under the contract for a period of one year
Question: What is an industry as per IR Code 2020 ?
Ans : As per section 2 (p) "industry" means any systematic activity carried on by co-operation between an employer and worker (whether such worker is employed by such employer directly or by or through any agency, including a
contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,—
(i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, but does not include —
(a) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or
(b) any activity of the appropriate Government relatable to the sovereign functions of the appropriate Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or
(c) any domestic service; or
(d) any other activity as may be notified by the Central
Government Question: What is an industrial dispute as per IR Code 2020 ?
Ans : As per section 2 (q) "industrial dispute" means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person and includes any dispute or difference between an individual
worker and an employer connected with, or arising out of discharge, dismissal, retrenchment or termination of such worker
Question: What is lay- off as per IR Code 2020 ?
Ans : As per section 2 (t) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason, to give employment to a worker whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.
Explanation.—Every worker whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:
Provided that if the worker, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:
Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second
half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;
Question : What is lock out as per IR Code 2020 ?
Ans : As per section 2 (u) "lock-out" means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;
Question: What is "National Industrial Tribunal" as per IR Code 2020?
Ans : As per Section 2 (y) "National Industrial Tribunal" means a National Industrial Tribunal constituted under section 46;
Question :What is negotiating union or negotiating council as per IR Code 2020 ?
Ans : As per section 2 (z) "negotiating union or negotiating council" means the negotiating union or negotiating council referred to in section 14;
Question : What is retrenchment as per IR Code 2020 ?
Ans : As per section 2 (zh) "retrenchment" means the termination by the employer of the service of a worker for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include—
(i) voluntary retirement of the worker; or
(ii) retirement of the worker on reaching the age of superannuation; or (iii) termination of the service of the worker as a result of the non-renewal of the
contract of employment between the employer and the worker concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or
(iv) termination of service of the worker as a result of completion of tenure of fixed term employment; or
(v) termination of the service of a worker on the ground of continued ill-health; Question: What is settlement as per IR code 2020 ?
Ans :As per section 2 (zi) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and to the conciliation officer;
Question: What is ‘standing orders’ as per IR Code 2020 ?
Ans : As per section 2 (zj) "standing orders" means orders relating to matters set-out in the First Schedule
Question: What is ‘strike’ as per IR Code 2020 ?
Ans : As per section 2 (zk) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding, of any number of persons who are
or have been so employed to continue to work or to accept employment and includes the concerted casual leave on a given day by fifty per cent. or more workers employed in an industry;
Question: What is Trade Union as per IR Code 2020 ?
Ans : As per section 2 (zl) "Trade Union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workers and employers or between workers and workers, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions:
Provided that the provisions of Chapter III of this Code shall not affect — (i) any agreement between partners as to their own business; or
(ii) any agreement between an employer and those employed by him as to such employment; or
(iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft;
Question:What is Trade Union dispute as per IR Code 2020 ?
Ans : As per section 2 (zm) "Trade Union dispute" means any dispute relating to Trade Union arising between two or more Trade Unions or between the members of a Trade Union inter se;
Question : What is unfair labour practice as per IR Code 2020 ?
Ans : As per section 2 (zo) "unfair labour practice" means any of the practices specified in the Second Schedule;
Question: What is unorganised sector as per IR Code 2020 ?
Ans : As per section 2 (zp) "unorganised sector" shall have the same meaning as assigned to it in clause (l) of section 2 of the Unorganised Workers' Social Security Act, 2008;
Question : What is wages as per IR Code 2020 ?
Ans : As per section 2 (zq) "wages" means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,— (i) basic pay; (ii) dearness allowance; (iii) retaining allowance, if any,
but does not include—
(a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the
value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; or (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:
Provided that, for calculating the wage under this clause, if any payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed to be remuneration and shall be accordingly added in wages under this clause:
Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wage.
Explanation.—Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such
employee;
Question: Who is worker as per IR Code 2020 ?
Ans : As per section 2 (zr) "worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists as defined in clause (f) of section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976, and for the purposes of any proceeding under this Code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person—
any such person—
(i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who is employed in a supervisory capacity drawing wages exceeding eighteen thousand rupees per month or an amount as may be notified by the Central Government from time to time:
Provided that for the purposes of Chapter III, "worker"— (a) means all persons employed in trade or industry; and (b) includes the worker as defined in clause (m) of section 2 of the Unorganised Workers' Social Security Act, 2008.
=============================================== CHAPTER II
(BI-PARTITE FORUMS)
Question: What is Works Committee as per IR Code 2020 ?
Ans : As per Section 3. (1) In the case of any industrial establishment in which one hundred or more workers are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute a Works Committee, in such manner as may be prescribed, consisting of representatives of employer and workers engaged in the establishment: Provided that the number of representatives of workers in such Committee shall not be less than the number of representatives of the employer. (2) The representatives of the workers shall be chosen, in such manner as may be prescribed, from among the workers engaged in the establishment and in consultation with their Trade Union, if any, registered in accordance with the provisions of section 9. (3) It shall be the duty of the Works Committee to promote measures for securing and preserving amity
and good relations between the employer and workers and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters
Question: What is ‘Grievance Committee’ as per IR Code 2020 ?
Ans : As per Section 4. (1) Every industrial establishment employing twenty or more workers shall have one or more Grievance Redressal Committees for resolution of disputes arising out of individual grievances. (2) The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers to be chosen in such manner as may be prescribed. (3) The chairperson of the Grievance Redressal Committee shall be selected from among persons representing the employer and the workers alternatively on rotational basis every year. (4) The total number of members of the Grievance Redressal Committee shall not exceed ten:
Provided that there shall be adequate representation of women workers in the Grievance Redressal Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment.
(5) An application in respect of any dispute referred to in sub-section (1) may be filed before the Grievance Redressal Committee by any aggrieved worker in such manner as may be prescribed within one year from the date on which the cause of action of such dispute arises.
(6) The Grievance Redressal Committee may complete its proceedings within thirty days of receipt of the application under sub-section (5).
(7) The decision of the Grievance Redressal Committee on any application filed under sub-section (5) shall be made on the basis of majority view of the Committee, provided more than half of the members representing the workers have agreed to such decision, otherwise it shall be deemed that no decision could be arrived at by the Committee.
(8) The worker who is aggrieved by the decision of the Grievance Redressal Committee or whose grievance is not resolved in the said Committee within the
period specified in sub-section (6), may, within a period of sixty days from the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub-section (6) expires, as the case may be, file an application for the conciliation of such grievance to the conciliation officer through the Trade Union, of which he is a member, in such manner as may be prescribed.
============================================= CHAPTER III
TRADE UNION
Question:What is the criteria for registration of a trade union as per IR Code 2020 ?
Ans : As per section 6. (1) Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Code with respect to registration, apply for registration of the Trade Union under this Code. (2) No Trade Union of workers shall be registered unless at least ten per cent. of the workers or one hundred workers, whichever is less, engaged or employed in the industrial establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration. (3) Where an application has been made under sub-section (1) for registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application. (4) A registered Trade Union of workers shall at all times continue to have not less than ten per cent. of the workers or one hundred workers, whichever is less, subject to a minimum of seven, engaged or employed in an industrial establishment or industry with which it is connected, as its members.
Question: What is the immunity from civil suits for certain cases for a registered trade union as per IR Code 2020 ?
Ans : As per section 16. (1) No suit or other legal proceeding shall be maintainable in any civil court against any registered Trade Union or any
office-bearer or member thereof in respect of any act done in contemplation or furtherance of an industrial dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.
(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union
Question : What is the immunity from certain criminal cases in furtherance of objects of trade union as per IR Code 2020 ?
Ans : As per section 17. No office-bearer or member of a registered Trade Union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal Code in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in section 15, unless such agreement is an agreement to commit an offence.
============================================== CHAPTER IV
STANDING ORDERS
Question: Application of Standing Order under Chapter IV of IR Code 2020 is to
whom ?
Ans : As per section 28. (1) The provisions of this Chapter shall apply to every industrial establishment wherein three hundred or more than three hundred workers, are employed, or were employed on any day of the preceding twelve months.
(2) Notwithstanding anything contained in sub-section (1), the provisions of this Chapter shall not apply to an industrial establishment in so far as the workers employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government, apply
====================================== CHAPTER V
NOTICES
Question: How a notice is to be given for change in the conditions of service as per IR Code 2020 ?
Ans : As per section 40 No employer, who proposes to effect any change in the conditions of service applicable to any worker in respect of any matter specified
in the Third Schedule, shall effect such change,—
(i) without giving to the workers likely to be affected by such change a notice in such manner as may be prescribed of the nature of the change proposed to be effected; or
(ii) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change— (a) where the change is effected in pursuance of any settlement or award;
(b) where the workers likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Services Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply;
(c) in case of emergent situation which requires change of shift or shift working, otherwise than in accordance with standing orders, in consultation with Grievance Redressal Committee;
(d) if such change is effected in accordance with the orders of the appropriate Government or in pursuance of any settlement or award
========================================== CHAPTER VI
VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION
Question: What is the procedure for voluntary reference of disputes to arbitration as per IR Code 2020 ?
Ans : As per section 42
(1) Where any industrial dispute exists or is apprehended and the employer and the workers agree to refer the dispute to arbitration, they may, by a written agreement, refer the dispute to arbitration, and the reference shall be to such person or persons as an arbitrator or arbitrators as may be specified in the arbitration agreement.
(2) Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Code.
(3) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.
(4) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer. (5) Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workers
who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators:
Provided that—
(i) where such industrial dispute is the industrial dispute other than the termination of individual worker by way of discharge, dismissal, retrenchment or otherwise, the workers shall be represented before the arbitrator,—
(a) where there is negotiating union or negotiating council, by the negotiating union or negotiating council, as the case may be; or
(b) where there is no negotiating union or negotiating council, by the Trade Union; or
(c) where there is no Trade Union, by such representatives of the workers chosen in such manner as may be prescribed;
(ii) where such industrial dispute relates to termination of individual worker by way of discharge, dismissal, retrenchment or otherwise, the concerned workers shall be represented in person or through a representative authorised by him. (6) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. (7) Where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (5), the appropriate Government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on
the date of the reference. (8) Nothing in the Arbitration and Conciliation Act, 1996, shall apply to arbitrations under this section
============================================ CHAPTER VII
MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES
Question: Who appoints a conciliation officer as per IR Code 2020 ?
Ans : As per section 43. (1) The appropriate Government may, by notification, appoint such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes. (2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period
Question: Give details about the industrial tribunal as per IR Code 2020 ?
Ans : As per section 44. (1) The appropriate Government may, by notification, constitute one or more Industrial Tribunals for the adjudication of industrial disputes and for performing such other functions as may be assigned to them under this Code and the Tribunal so constituted by the Central Government shall
also exercise the jurisdiction, powers and authority conferred on the Tribunal, as defined in clause (m) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 by or under that Act.
(2) Every Industrial Tribunal shall consist of two members to be appointed by the appropriate Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
(3) A bench of the Tribunal shall consist of a Judicial Member and an Administrative Member or single Judicial Member or single Administrative Member.
Question: Give details about the National Industrial Tribunal as per IR Code 2020 ?
Ans : As per section 46. (1) The Central Government may, by notification, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.
(2) A National Industrial Tribunal shall consist of two members to be appointed by the Central Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
(3) A person shall not be qualified for appointment as the Judicial Member of a National Industrial Tribunal unless he is, or has been, a Judge of a High Court. (4) A person shall not be qualified for appointment as Administrative Member of
a National Industrial Tribunal unless, he is or has been Secretary to the Government of India or holding an equivalent rank in the Central Government or State Government, having adequate experience of handling the labour related matters.
(5) The Judicial Member shall preside over a National Industrial Tribunal. ============================================= CHAPTER VIII
STRIKES AND LOCK-OUTS
Question: Give details about strikes by the employee as per IR Code 2020 ? Ans : As per section 62.
(1) No person employed in an industrial establishment shall go on strike, in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or (e) during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings; or (f) during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings, where a notification has been issued under sub-section (5) of section 42; or (g) during
any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
Question: Give details about prohibition of lock-out by the employer as per IR Code 2020 ?
Ans : As per section 62 (2) No employer of an industrial establishment shall lock-out any of his workers— (a) without giving them notice of lock-out as hereinafter provided, within sixty days before locking-out; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or (e) during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings; or (f) during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings, where a notification has been issued under sub-section (5) of section 42; or
(g) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
================================================= CHAPTER IX
LAY-OFF, RETRENCHMENT AND CLOSURE
Question: This chapter Section 67 to 69 will not apply to whom as per IR Code
2020 ?
Ans :As per section 65. (1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed intermittently. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final. Explanation.—In this section and in sections 67, 68 and 69, industrial establishment shall mean a— (i) factory as defined in clause (m) of section 2 of the Factories Act, 1948; or
(ii) mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952; or (iii) plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951.
================================================== CHAPTER X
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS
QUESTION: Give details about the establishment to which this chapter applies as per IR Code 2020 ?
Ans : As per section 77. (1) The provisions of this Chapter shall apply to an
industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workers, or such higher number of workers as may be notified by the appropriate Government, were employed on an average per working day in the preceding twelve months. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.
========================================== CHAPTER XI
WORKER RE-SKILLING FUND
QUESTION: Give details about worker re-skilling fund under IR Code 2020 ?
Ans : As per section 83. (1) The appropriate Government shall, by notification, set up a fund to be called the worker re-skilling fund (hereafter in this section referred to as "fund").
(2) The fund shall consist of— (a) the contribution of the employer of an industrial establishment an amount equal to fifteen days wages last drawn by the worker immediately before the retrenchment, or such other number of days as may be notified by the Central Government, for every retrenched worker in case of retrenchment only; (b) the contribution from such other sources as may be prescribed by the appropriate Government.
(3) The fund shall be utilised by crediting fifteen days wages last drawn by the worker to his account who is retrenched, within forty-five days of such retrenchment, in such manner as may be prescribed.
============================================= CHAPTER XII
UNFAIR LABOUR PRACTICES
Question: Give details about unfair labour practices as per IR Code 2020 ?
Ans : As per section 84. No employer or worker or a Trade Union, whether registered under this Code, or
not, shall commit any unfair labour practice specified in the Second Schedule.
===========================================
CHAPTER XIII
DEALS WITH OFFENCES AND PENALTIES
QUESTION: WHAT IS THE PENALTY AMOUNT UNDER IR CODE 2020 ?
ANS : AS PER SECTION 86. (1) An employer who contravenes the provisions of section 78 or section 79 or section 80 shall be punishable with fine which shall not be less than one lakh rupees, but which may extend to ten lakh rupees
(2) An employer who after conviction for an offence under section 78 or section
79 or section 80 again commits the same offence under section 78 or section 79 or section 80, then, he shall for the second or subsequent offence be punishable with fine which shall not be less than five lakh rupees, but which may extend up to twenty lakh rupees or with imprisonment for a term which may extend to six
months, or with both.
(3) An employer who contravenes the provisions of section 67 or section 70 or section 73 or section 75 shall be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. (4) An employer who after conviction for an offence under section 67 or section 70 or section 73 or section 75 again commits the same offence under section 67 or section 70 or section 73 or section 75, then, he shall for the second or subsequent offence be punishable with fine which shall not be less than one lakh rupees, but which may extend to five lakh rupees or with imprisonment for a term which may extend to six months, or with both.
(5) Any person who commits any unfair labour practice as specified in the Second Schedule shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to two lakh rupees.
(6) Any person who after conviction for any unfair labour practice again commits the same offence, then, he shall, for committing the second or subsequent offence, be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to five lakh rupees or with imprisonment for a term which may extend to three months, or with both.
(FOR FURTHER DETAILS PLEASE REFER TO THE IR CODE 2020) ========================================== CHAPTER XIV
DEALS WITH MISCELLANEOUS POINTS
============================================= FIERST SCHEUDLE
[See sections 2 (zj), 30 (1), (6) and 101 (1)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER IR CODE 2020 =============================================
THE SECOND SCHEDULE
[See sections 2 (zo), 84, 86 (5) and 101(1)]
UNFAIR LABOUR PRACTICES
I) ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS: 16 ASPECTS ARE MENTIONED
II) ON THE PART OF WORKERS AND TRADE UNIONS OF WORKERS: 8 ASPECTS ARE MENTIONED
======================================== THE THIRD SCHEDULE [See sections 40 and 101 (1)]
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN Note: 11 Aspects are mentioned
=============================================
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