Here are the salient features of the Industrial Relations Code, 2020:
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- Amalgamation of Acts:
- The code consolidates and amends three major labor laws: the Trade Unions Act, 1926; the Industrial Employment (Standing Orders) Act, 1946; and the Industrial Disputes Act, 1947.
- Applicability:
- The code is applicable to all industrial establishments employing ten or more workers, and it covers both organized and unorganized labor sectors.
- Trade Unions:
- The code provides for the recognition of trade unions and introduces provisions for registration and cancellation of registration.
- It outlines the rights and liabilities of registered trade unions, promoting orderly and effective collective bargaining.
- Industrial Disputes Resolution:
- The code simplifies the process of dispute resolution by introducing a two-tier mechanism—conciliation and arbitration—before resorting to strikes or lockouts.
- It specifies conditions for legal strikes and lockouts, including mandatory prior notice and restrictions on strikes during conciliation and arbitration proceedings.
- Standing Orders:
- The code simplifies the process of framing and certifying standing orders, which define the terms and conditions of employment.
- It allows employers to modify standing orders without seeking approval if changes are beneficial to workers.
- Layoffs and Retrenchment:
- The code introduces a uniform definition of “wages” and provides for the payment of compensation to workers in case of retrenchment.
- It outlines the conditions and procedures for retrenchment and closure of establishments.
- Fixed-Term Employment:
- The code allows for fixed-term employment contracts for all workers, providing flexibility to employers and job security to workers.
- Compensation for Unfair Labor Practices:
- The code introduces provisions for compensation in cases of unfair labor practices by employers or trade unions.
- Advisory Boards and Grievance Redressal:
- The establishment of Grievance Redressal Committees and National Industrial Tribunals is outlined to address disputes and grievances.
- Social Security:
- The code emphasizes the importance of social security for workers and mentions the possibility of framing schemes for provident funds, gratuity, and other welfare measures.
It’s essential to check for any amendments or updates to the Industrial Relations Code, 2020, as legal frameworks may evolve over time. Always refer to the latest official documents or legal sources for the most accurate and current information.