Vidhi Codex

The Industrial Relations Code, 2020

The Industrial Relations Code, 2020

General2020104 sections14 chapters

The Industrial Relations Code, 2020, consolidates India’s complex labor laws regarding trade unions, employment conditions, and industrial dispute resolution. It regulates crucial workplace practices including strikes, lock-outs, lay-offs, and worker retrenchment. This comprehensive Code applies to employers and workers across all Indian industrial establishments, covering both traditional permanent roles and new fixed-term contracts. It matters significantly because it simplifies multiple old laws into one framework to foster industrial peace, harmony, and economic progress. By standardizing internal grievance mechanisms and creating a worker re-skilling fund, it balances employer flexibility with modernized protections for the national workforce.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II BI - PARTITE FORUMS →

  1. 3Works Committee.
  2. 4Grievance Redressal Committee.

Chapter III TRADE UNIONS →

  1. 5Registrar of Trade Unions.
  2. 6Criteria for registration.
  3. 7Provisions to be contained in constitution or rules of Trade Union.
  4. 8Application for registration, alteration of name and procedure thereof.
  5. 9Registration of Trade Union and cancellation thereof.
  6. 10Appeal against non-registration or cancellation of registration.
  7. 11Communication to Trade Union and change in its registration particulars.
  8. 12Incorporation of a registered Trade Union.
  9. 13Certain Acts not to apply to registered Trade Unions.
  10. 14Recognition of negotiating union or negotiating council.
  11. 15Objects of general fund, composition of separate fund and membership fee of Trade Union.
  12. 16Immunity from civil suit in certain cases.
  13. 17Criminal conspiracy in furtherance of objects of Trade Union.
  14. 18Enforceability of agreements.
  15. 19Right to inspect books of Trade Union.
  16. 20Rights of minor to membership of Trade Union.
  17. 21Disqualification of office-bearers of Trade Unions.
  18. 22Adjudication of disputes of Trade Unions.
  19. 23Proportion of office-bearers to be connected with industry.
  20. 24Change of name, amalgamation, notice of change and its effect.
  21. 25Dissolution.
  22. 26Annual returns.
  23. 27Recognition of Trade Unions at Central and State level.

Chapter IV STANDING ORDERS →

  1. 28Application of this Chapter.
  2. 29Making of model standing orders by Central Government and temporary application.
  3. 30Preparation of draft standing orders by employer and procedure for certification.
  4. 31Certifying officers and appellate authority to have powers of civil court.
  5. 32Appeals.
  6. 33Date of operation of standing orders and its availability.
  7. 34Register of standing orders.
  8. 35Duration and modification of standing orders.
  9. 36Oral evidence in contradiction of standing orders not admissible.
  10. 37Interpretation, etc., of standing orders.
  11. 38Time limit for completing disciplinary proceedings and liability to pay subsistence allowance.
  12. 39Power to exempt.

Chapter V NOTICE OF CHANGE →

  1. 40Notice of change.
  2. 41Power of appropriate Government to exempt.

Chapter VI VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION →

  1. 42Voluntary reference of disputes to arbitration.

Chapter VII MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES →

  1. 43Conciliation officers.
  2. 44Industrial Tribunal.
  3. 45Finality of constitution of Tribunal.
  4. 46National Industrial Tribunal.
  5. 47Decision of Tribunal or National Industrial Tribunal.
  6. 48Disqualifications for members of Tribunal and National Industrial Tribunal.
  7. 49Procedure and powers of arbitrator, conciliation officer, Tribunal and National Industrial Tribunal.
  8. 50Powers of Tribunal and National Industrial Tribunal to give appropriate relief in case of discharge or dismissal of worker.
  9. 51Transfer of pending cases.
  10. 52Adjustment of services of presiding officers under repealed Act.
  11. 53Conciliation and adjudication of dispute.
  12. 54Reference to and functions of National Industrial Tribunal.
  13. 55Form of award, its communication and commencement.
  14. 56Payment of full wages to worker pending proceedings in higher Courts.
  15. 57Persons on whom settlements and awards are binding.
  16. 58Period of operation of settlements and awards.
  17. 59Recovery of money due from employer.
  18. 60Commencement and conclusion of proceedings.
  19. 61Certain matters to be kept confidential.

Chapter IX LAY-OFF, RETRENCHMENT AND CLOSURE →

  1. 65Application of sections 67 to 69.
  2. 66Definition of continuous service.
  3. 67Rights of workers laid-off for compensation, etc.
  4. 68Duty of an employer to maintain muster rolls of workers.
  5. 69Workers not entitled for compensation in certain cases.
  6. 70Conditions precedent to retrenchment of workers.
  7. 71Procedure for retrenchment.
  8. 72Re-employment of retrenched worker.
  9. 73Compensation to workers in case of transfer of establishment.
  10. 74Sixty days’ notice to be given of intention to close down any undertaking.
  11. 75Compensation to workers in case of closing down of undertakings.
  12. 76Effect of laws inconsistent with this Chapter.

Chapter X SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS →

  1. 77Application of this Chapter.
  2. 78Prohibition of lay-off.
  3. 79Conditions precedent to retrenchment of workers to which Chapter X applies.
  4. 80Procedure for closing down an industrial establishment.
  5. 81Duty of an employer to maintain muster rolls of workers.
  6. 82Certain provisions of Chapter IX to apply to industrial establishment to which this Chapter applies.

Chapter XI WORKER RE - SKILLING FUND →

  1. 83Worker re-skilling fund.

Chapter XII UNFAIR LABOUR PRACTICES →

  1. 84Prohibition of unfair labour practice.

Chapter XIII OFFENCES AND PENALTIES →

  1. 85Power of officers of appropriate Government to impose penalty in certain cases.
  2. 86Penalties.
  3. 87Cognizance of offences.
  4. 88Offences by companies.
  5. 89Composition of offences.

Chapter XIV MISCELLANEOUS →

  1. 90Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.
  2. 91Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings.
  3. 92Power to transfer certain proceedings.
  4. 93Protection of persons.
  5. 94Representation of parties.
  6. 95Removal of doubts in interpretation of award or settlement.
  7. 96Power to exempt.
  8. 97Jurisdiction of civil courts barred.
  9. 98Protection of action taken in good faith.
  10. 99Power of appropriate Government to make rules.
  11. 100Delegation of powers.
  12. 101Power to amend Schedules.
  13. 102Amendment of Act 7 of 2017.
  14. 103Power to remove difficulties.
  15. 104Repeal and savings.

Chapter VIll STRIKES AND LOCK– OUTS →

  1. 62Prohibition of strikes and lock-outs.
  2. 63Illegal strikes and lock-outs.
  3. 64Prohibition of financial aid to illegal strikes or lock-outs.

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