THE INDUSTRIAL RELATIONS CODE, 2020
When there is one enactment it is called as ‘Act’ whereas a combination of number of Acts and laws is called ‘Code’.
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The industrial relations code, 2020 (g&cc management services)
1. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
HR Compliance & Outsourcing Expert
G&CC Management Services Private Limited
Prepared by
Sachin Gupta (Founder & CEO)
HR Compliance & Outsourcing Experts
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2. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
EXISTING ACTS TO BE REPEALED:
NEW CODE REPLACING THE REPEALED ACTS EXISTING ACTS BEING REPEALED
• THE INDUSTRAL RELATIONS CODE, 2020
PRESIDENT’S ASSENT RECEIVED ON 28th
September, 2020
• THE TRADE UNIONS ACT, 1926
• THE INDUSTRIAL EMPLOYMENT
(STANDINGORDERS) ACT, 1946
• THE INDUSTRIAL DISPUTES ACT, 1947
Sustained good industrial relations are as important as is continuous breathing for life.
APPLICABILITY AND PURPOSE:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• IT EXTENDS TO WHOLE OF INDIA
• SUCH PROVISION
EXISTS
• TO REGULATE :-
• TRADE UNIONS
• CONDITIONSOF EMPLOYMENT IN INDUSTRIAL
ESTABLISHMENT OR UNDERTAKING
• INVESTIGATION AND SETTLEMENT OF INDUSTRIAL DISPUTES
Industrial relations is not a subject matter between employer and employee only.
Families of workers, employers’ ambitions, society’ssatisfaction and national growth and
development are simultaneously linked.
APPROPRIATE GOVERNMENT:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• CENTRAL GOVERNMENT : -
• NO SUCH PROVISION
• BESIDES OTHER BUSINESSES AS MENTIONED IN THE CLAUSE,
TELECOMMUNICATION, INSURANCE, BANKING COMPANIES
AND METRO RAILWAYS
• PSUs WHERE PAID-UP CAPITAL WITH CENTRAL GOVERNMENT
IS NOT LESS THAN 50% AND WILL CONTINUE TO BE SO EVEN
IF THE PAID-UP CAPITAL REDUCES LESS THAN 50%
• FOR CONTRCTORS WORKING IN ESTABLISHMENTS UNDER THE
CENTRALGOVERNMENTS
Right of workers to go on strike has been protected in the Code, along with interest of the
enterprise, by putting some conditions.
3. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
EMPLOYER
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• NEW INCLUSIONS : -
• NO SUCH PROVISION
• OCCUPIER IN A FACTORY
• AUTHORITY WITH ULTIMATE CONTROL IN AN ESTABLISHMENT
• CONTRACTOR
• LEGAL REPRESENTATIVE OF A DECEASED EMPLOYER
Fixed term employment is a good move.
EMPLOYEE
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• ANY PERSON (OTHER THAN APPRENTICE) EMPLOYED
BY AN INDUSTRIAL ESTABLISHMENT TO DO ANY
• SKILLED,
• SEMI-SKILLED,
• UNSKILLED,
• MANUAL,
• OPERATIONAL,
• SUPERVISORY,
• MANAGERIAL,
• ADMINISTRATIVE,
• TECHNICAL OR CLERICAL WORK…………
• PARTIAL
PROVISION EXISTS
The Code has made it easier for establishments employing upto 300 workers to lay-off workers
without prior permission of the appropriate authority.
4. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
WORKER
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• INCLUDES (OTHER THAN APPRENTICE) :-
• UNSKILLED, SKILLED, TECHNICAL, OPERATIONAL, CLERICAL,
SUPERVISORY
• PROVISION EXISTS
• WORKING JOURNALIST NO SUCH PROVISION
• SALES PROMOTION EMPLOYEE
• WHO HAS RAISED DISPUTE BEING DISMISSED,
DISCHARGED, RETRENCHED, TERMINATED
• SUCH PROVISION
EXISTS
• DOES NOT INCLUDE :- • NO SUCH
PROVISION• EMPLOYED IN MANAGERIAL AND ADMINISTRATIVE
CAPACITY
• EMPLOYED IN SUPERVISORY CAPACITY DRAWING
MONTHLY WAGES OF RS. 18,000, OR AS NOTIFIED
• IT IS RS. 10.000
• ‘WORKMAN’ OMITTED (SEMI-SKILLED IS MISING)
Establishment of Fund to re-skill workers with updated skill to be able to work better is a much
needed initiative for improvingquality and production.
FIXED TERM EMPLOYMENT
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• ENGAGEMENT OF A WORKER BY A WRITTEN CONTRACT FOR A
FIXED PERIOD, PROVIDED :–
• NO SUCH
PROVISION
• HIS HOURS OF WORK, WAGES, ALLOWANCES & OTHER BENEFITS
WILL NOT BE LESS THAN THAT OF A PERMANENT WORKER DOING
THE SAME OR SIMILAR NATURE OF WORK
• ELIGIBLE FOR ALL STATUTORY BENEFITS AVAILABLE TO A
PERMANENT WORKER, PROPORTIONATELY AS PER PERIOD OF
SERVICE RENDERED
• ELIGIBLE FOR GRATUITY EVEN IF RENDERS SERVICE FOR A YEAR
Statutory provisions for enhanced maternity benefits to women employees is a much needed
and welcome step.
5. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
INDUSTRY
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• ANY SYSTEMTIC ACTIVITY
• SUCH
PROVISION
EXISTS
• CARRIED ON BY COOPERATION BETWEEN
• EMPLOYER AND WORKER
• EMPLOYED DIRECTLY ORINDIRECTLY
• FOR PRODUCTION, SUPPLY OR DISTRIBUTION OF GOODS OR
SERVICES
• WITH A VIEW TO SATISFY HUMAN WANTS OR WISHES
(NOT WISHES OF SPIRITUAL OR RELIGIOUS NATURE)
• WHETHER OR NOT :-
• ANY CAPITAL HAS BEEN INVESTED
• SUCH ACTIVITY IS CARRIED ON WITH MOTIVE TO MAKE GAIN OR
PROFIT
Contractors employing more than 50 contract workers will have to issue appointment letters to
each worker.
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• EARLIER EXCLUSIONS OMITTED :-
• SUCH
PROVISION
EXIST
• AGRICULTTURAL OPERATIONS
• HOSPITALS OR DISPENSARIES
• EDUCATIONAL, SCIENTIFIC, RESEARCH OR TRAINING INSTITUTIONS
• NEW EXCLUSIONS :-
• NO SUCH
PROVISION
• INSTITUTIONS OWNED OR MANAGED BY ORGANISATIONS WHOLLY
OR SUBSTANTIALLY ENGAGED IN ANY CHARITABLE, SOCIAL OR
PHILANTHROPIC SERVICE
• ANY DOMESTICSERVICE
Codes provide for one common licence for factories, contract labour and beedi and cigar
establishments.
6. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
INDUSTRIAL DISPUTE:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• DISPUTE OR DIFFERENCE BETWEEN
• SUCH PRIVISION
EXISTS UNDER
TWO SEPARATE
CLAUSES U/S 2(k)
AND 2A
• EMPLOYERS AND EMPLOYERS
• EMPLOYERS AND WORKERS
• WORKERS AND WORKERS
• REG EMPLOYMENT, NON-EMPLOYMENT, TERMS OF EMPLOYMENT,
CONDITIONS OF LABOUR
• INCLUDES DISPUTE OR DIFFERENCE BETWEEN
• INDIVIDUAL WORKER AND EMPLOYER
• DISCHARGED, DISMISSED, RETRENCHED, TERMINATED
Inter-State migrant workers have been provided a better deal under the new Codes.
WAGES
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• INCLUDES :-
• SUCH PROVISION
EXISTS
• BASIC PAY
• DEARNESS ALLOWANCE
• RETAINING ALLOWANCE
• DOES NOT INCLUDE :-
• ANY BONUS
• VALUE OF ANY HOUSE-ACCOMMODATION
• ANY CONTRIBUTION TO PENSION OR PROVIDENT FUND
• CONVEYANCE ALLOWANCE
• ANY SOME PAID TO DEFRAY SPECIAL EXPENSES
Wages is one of the most contentious issues which directly affects the harmony and
productivity of any organisation.
7. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
WAGES
AS PER NEW INDUSTRIAL RELATIONS CODE, 2020 AS PER EXISTING ACTS
• HOUSE RENT ALLOWANCE • NO SUCH PROVISION
• AREMUNERATION UNDER AWARD OR SETTLEENT
• SUCH PROVISION EXIST
• ANY OVERTIME ALLOWANCE
• ANY COMMISSION
• ANY GRATUITY
• ANY RETRENCHMENT COMPENSATION, EX-GRATIA PAYMENY
• PROVIDED :-
• OTHER ALLOWANCES EXCEEDING 50%, OR AS NOTIFIED, OF ALL
REMUNERATION WILL BE TREATED AS WAGE
NO SUCH PROVISION
• ANY PAYMENT IN KIND EXCEEDING 15% OF ALL
REMUNERATION WILL BE TREATED AS WAGE
Wage is a yardstick which defines the prosperity level of the employees and their organisation.
VOLUNTARY REFERENCE OF INDUSTRIAL DISPUTE TO ARBITRATION:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• BY A WRITTEN AGREEMENT BETWEEN EMPLOYER AND
WORKERS, THE EXISTING OR APPREHENDED INDUSTRIAL
DISPUTE CAN BE REFERRED TO ARBITRATOR OR ARBITRATORS
• NO SUCH
PROVISION
• THE WRITTEN AGREEMENT FOR ARBITRATION WILL HAVE
PROVISION FOR APPOINTMENT OF AN UMPIRE, WHOSE AWARD
WILL PREVAIL IF OTHER TWO ARBITRATORS HAVE DIVIDED
AWARD
• A COPY OF THE WRITTEN AGREEMENT SHALL BE FORWARDED TO
THE APPROPRIATE GOVERNMENT AND THE CONCILIATION
OFFICER
Payment of wages through electronic mode or bank transfer etc. will bring in transparency
and right and timely payment of wages to workers.
8. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
VOLUNTARY REFERENCE OF INDUSTRIAL DISPUTE TO ARBITRATION:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• THE APPROPRIATE GOVERNMENT ON SATISFACTION THAT THE
INDUSTRIAL DISPUTE HAS BEEN REFERRED FOR ARBITRATION BY
THE MAJORITY REPRESENTATIVE PARTY, IT WILL ISSUE A
NOTIFICATION TO THIS EFFECT
• NO SUCH
PROVISION
• EMPLOYERS AND WORKERS WHO ARE NOT PARTIES TO THE
ARBITRATION AGREEMENT SHALL BE GIVEN OPPORTUNITY OF
PRESENTING THEIR CASE BEFORE THE ARBITOR(S)
Unorganized sector and new forms of employment such as gig and platform workers etc. has been
given special emphasis in the Codes.
INDUSTRIAL TRIBUNAL
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• TO CONSIST OF TWO MEMBERS :–
NO SUCH PROVISIN• ONE JUDICIAL MEMBER
• ONE ADMINISTRATIVE MEMBER
• JUDICIAL MEMBER WILL PRESIDE OVER THE TRIBUNAL
The Codes enable the provision for maintaining a database of migrant workers to help in
targeting, skill mapping and utilising government schemes effectively.
NATIONAL INDUSTRIAL TRIBUNAL
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• TO CONSIST OF TWO MEMBERS :–
• NO SUCH
PROVISIN
• ONE JUDICIAL MEMBER
• ONE ADMINISTRATIVE MEMBER
• JUDICIAL MEMBER WILL PRESIDE OF THE NATIONAL INDUSTRIAL
TRIBUNAL
PAN India licence for contractors for a period of five years is a noteworthy introduction.
9. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTE:
AS PER NEW INDUSTRIAL RELATIONS CODE, 2020 AS PER EXISTING ACTS
• ALL MATTERS IN THE LABOUR COURT AND TRIBUNAL UNDER THE ID
ACT, 1947
• NO SUCH
PROVISION
• SHALL BE TRANSFERRED TO
• TRIBUNAL UNDER THE CODE
• ALL MATTERS IN THE NATIONAL TRIBUNAL UNDER THE ID ACT, 1947
• SHALL BE TRANSFERRED TO
• NATIONAL INDUSTRIAL TRIBUNAL UNDER THE CODE.
• CONCILIATION OFFICER WILL NOT HOLD ANY PROCEEDING ON
MATTERS OLDER THAN 2 YEARS
By increasing threshold from 20 workers to 50 workers for seeking a contractor’s licence, small
businesses shall be largely benefitted by engaging more of contract workers.
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• DECISIONS OF TRIBUNAL OR NATIONAL INDUSTRIAL TRIBUNAL
SHALL BE BY CONSENSUS NO SUCH PROVSION
• APPROPRIATE GOVERNMENT MAY APPOINT ONE OR MORE
ASSESSORS OR EXPERTS TO ADVISE THE TRIBUNAL OR NATIONAL
INDUSTRIAL TRIBUNAL
Compulsory recognition of trade union (s) as Negotiating Union or Negotiating Council is a long
awaited reform in the field of participative and cooperative industrial relations.
GRIEVANCE REDRESSAL COMMITTEE:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• ROLE OF GRC IS WIDENED
• SIMILAR
PROVISION
EXIST
• DECISION BY GRC BY MORE THAN HALF MEMBERS, ELSE WILL BE
CONSIDERED AS NO DECISION IS TAKEN
• APPLICATION OF GRIEVANCE TO GRC WITHIN 1 YEAR
• GRC TO COMPLETE PROCEEDINGS WITHIN 30 DAYS
• TOTAL MEMBERS OF GRC INCREASED FROM 6 TO 10
The provision of insurance coverage has been extended to plantation workers, and free annual
health check-ups and a bipartite safety committee has been introduced for establishments such as
factories, mines and plantation sectors in places of hazardous working conditions.
10. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
RETRENCHMENT:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• OBLIGATION TO OFFER RE-EMPLOYMENT TO RETRENCHED
WORKER RESTRICTED TO 1 YEAR ONLY
• NO SUCH TIME LIMIT
• IN CASE OF INDUSTRIAL ESTABLISHMENT EMPLOYING 300 OR
MORE EMPLOYEES, IT IS OBLIGATORY TO OBTAIN PRIOR
PERMISSION FROM APPROPRIATE GOVERNMENT BEFORE
EFFECTING RETRENCHMENT
• IT IS OBLIGATORY IF
EMPLOYING FOR
100 OR MORE
EMPLOYEES
• EXCLUSION :-
• NO SUCH PROVISION• COMPLETION OF FIXED TERM EMPLOYMENT IS NOT
RETRENCHMENT
Mandatory 14 days notice period before going on strike is an effort to resolve the grievance of
workers or the matter of dispute on the negotiating table through mutual talk and deliberation.
STRIKE:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• FLASH STRIKE COMPLETELY PROHIBITED • REGULATES STRIKE IN
PUBLIC UTILITY SERVICES
• CONCERTED CASUAL LEAVE ON ANY DAYBY 50% OR
MORE WORKERS IN AN INDUSTRY WILL BE STRIKE
• NO SUCH PROVISION
Fixed term employees shall be extended all statutory benefits even for a short period of employment,
like a regular employee, viz., wages, EPF, ESI, bonus etc., including gratuity for working even for a
year only.
STRIKE AND LOCK- OUT:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• NO STRIKE OR LOCK-OUT :- • IT IS IN PUBLIC UTILITY SERVICES
• WITHOUT NOTICE, WITHIN 60 DAYS • IT IS WITHIN 6WEEKS
• WITHIN 14 DAYSOF GIVING NOTICE • IT IS SAME
• BEFORE THE EXPIRY OF DATE AS SPECIFIED • IT IS SAME
• DURING PENDENCY BEFORE TRIBUNAL OR
NATIONAL INDUSTRIAL TRIBUNAL
• IT IS AS PER EXISTING
PROVISIONS
• DURING PENDENCY BEFORE ARBITRATION
• DURING VALIDITY OF SETTLEMENT OR AWARD
Allowing women employees to work in all shifts, including in night shift, with all safety
stipulations, is a very progressive step forward.
11. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
STANDING ORDER
AS PER NEW INDUSTRIAL RELATIONS CODE, 2020 AS PER EXISTING ACTS
APPLICABLE TO INDUSTRIAL ESTABLISHMENTS WITH
300 OR MOREEMPLOYEES
• IT IS 100 OR MORE
EMPLOYEES
• EMPLOYER SHALL CONSULT THE TRADE UNION OR
RECOGNISED NEGOTIATING UNION OR MEMBERS OF
NEGOTIATING COUNCIL, ON THE DRAFT STANDING ORDERS,
• NO SUCH
PROVISION
• FORWARD THE SAME TO THE CERTIFYING OFFICER,
ELECTRONICALLY OR OTHERWISE, FOR CERTIFICATION
Concept of Negotiating Union is a positive step towards doing away of multiplicity of unions in
the organisation.
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• DRAFT STANDING ORDERS, OR MODIFICATION, IF NOT
CERTIFIED WITHIN 60 DAYS, IT SHALL BE DEEMED TO
HAVE BEEN CERTIFIED
• NO SUCH
PROVISION
• TEXT OF FINALLY CERTIFIED STANDING ORDERS
SHALL BE MAINTAINED IN SUCH LANGUAGE ……….
• WORD ‘ENGLISH’ AND
LANGUAGE UNDERSTOOD
BYMAJORITY WORKMEN
MENTIONED
• MODEL STANDING ORDERS WILL BE MADE BY THE
CENTRAL GOVERNMENT
• NO SUCH
PROVISION
Like EPF, now benefit of coverage under ESI scheme also will be available to small
establishments employing less than 10 employees, on voluntary basis.
CHANGE IN SERVICE CONDITIONS:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• IN EMERGENT SITUATION
• NO SUCH
PROVISION
• TO CHANGE SHIFT
• OTHER THAN AS PROVIDED IN STANDING ORDERS
• IT CAN BE DONE IN CONSULTATION WITH GRIEVANCE
REDRESSAL COMMITTEE
The Codes reaffirm that no worker will be allowed to work in an establishment for more
than 8 hours in a day, and for not more than 48 hours in a week.
12. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
OFFICE BEARER OF TRADEUNION:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• RETIRED OR RETRENCHED EMPLOYEE
• NO SUCH
PROVISION
• SHALL NOT BE CONSIDERED
• OUTSIDER
• TO BE THE
• OFFICE BEARER
• OF THE TRADE UNION
Spreadover of work in an establishment has been uniformly fixed at 12 hours.
RECOGNITION OF TRADE UNION:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• IF ONLY ONE TRADE UNION IN ESTABLISHMENT
• NO SUCH CENTRAL
PROVISION, EXCEPT
IN FEW STATES
• RECOGNISE THE TRADE UNION
• AS SOLE NEGOTIATING UNION OF WORKERS IN THE
ESTABLISHMENT
• IF MORE THAN ONE TRADE UNION IN THE ESTABLISHMENT
• TRADE UNION WITH 50% OR MORE VERIFIED MEMBERSHIP
SHALL BE RECOGNISED
Fixed term employment will give more flexibility to employers to meet short period
requirement of additional workforce.
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• IF MORE THAN ONE TRADE UNION
• NO SUCH CENTRAL
PROVISION
• AND NONE HAVE 50% OR MORE VERIFIED MEMBERSHIP
• ONE REPRESENTATIVE EACH FROM TRADE UNION WITH
25% VERIFIED MEMBERSHIP SHALL BE RECOGNISED TO
REPRESENT IN NEGOTIATING COUNCIL (MAX 5 REPS.)
• RECOGNITION OF TRADE UNION, OR NEGOTIATING COUNCIL
SHAAL BE -
• FOR A PERIOD OF 3 YEARS, OR
• MAXIMUM FOR 5 YEARS
Voluntary reference to Arbitration of any dispute is the new way forward for resolution of an
industrial dispute.
13. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
NEGOGIATINGUNION AND NEGOTIATINGCOUNCIL:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• NEGOTIATING UNION :-
• NO SUCH PROVISION
• WHETRE THERE IS ONLY ONE UNION REPRESENTING
THER WORKERS IN ANESTABLISHMENT
• NEGOTIATING COUNCIL :-
• WHERE THERE ARE MORE THAN ONE TRADE UNION IN THE
ESTABLISHMENT, AND EACH REPRESENTATIVE OF DIFFERENT
UNION REPRESENTS ITS RESPECTIVE WORKER-MEMBERS
(MINIMUM 25%)
Compounding of first offence committed by the establishment is a welcome provision.
WORKER RE-SKILLING FUND:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• TO CONSIST OF CONTRIBUTION FROM EMPLOYER EQUAL TO
15 DAYS' WAGES LAST DRAWN BY EACH WORKER
IMMEDIATELY BEFORE RETRENCMENT
• NO SUCH
PROVISION
• 15 DAYS LAST DRAWN WAGES WILL BE CREDITED IN
WORKER'S ACCOUNT WITHIN 45 DAYSOF HIS
RETRENCHMENT
• APPROPRIATE GOVERNMENT MAY PRESCRIBE
CONTRIBUTION FROM OTHER SOURCES
Introduction of Administrative Member along with the Judicial Member in the Tribunal and
National Industrial Tribunal may hopefully help in deciding the industrial disputes, not only
from judicial angle, but from real life practical angle also.
14. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
OFFENCES AND PUNISHMENT:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• GOVERNMENT MAY APPOINT AN OFFICER FOR HOLDING
ENQUIRY, AND WILL IMPOSE PENALTY ON THE OFFENDER
• NO SUCH PROVISION
• PUNISHMENT FOR DIFFERENT CONTRAVENTIONS UNDER
DIFFERENT PROVISIONS RANGE FROM -
• FINE FROM RS. 1,000 TO RS. 20,00,000
• AND OR IMPRISONMENT FOR PERIODS
• FROM 1 MONTH TO 6 MONTHS OR BOTH
Fixed term employment will be very much suitable for industries of seasonal character.
COMPOUNDING OF OFFENCES:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• THE GAZETTED OFFICER NOTIFIED FOR THE PURPOSE MAY
• NO SUCH PROVISION
• BEFORE OR AFTER INITIATION OF PROSECUTION
• ON AN APPLICATION FROM THE ACCUSED UNDER THIS CODE,
• COMPOUND THE OFFENCE ON PAYMENT OF 50% OF THE
MAXIMUM FINE AMOUNT FOR THE OFFENCE
• WHICH DOES NOT PROVIDE FOR IMPRISONMENT
ONLY OR FINE WITH IMPRISONMENT
• IN CASE OF PUNISHMENT WITH IMPRISONMENT UPTO 1 YEAR
OR WITH FINE
• THE OFFENCE MAY BE COMPOUNDED ON PAYMENT OF 75% OF
THE MAXIMUM FINE FOR THE OFFENCE
Inspector-cum-Facilitator has wider responsibility to advise employers and employees on various
matter of industrial life.
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• PROVIDED :- THE AMOUNT SO COMPOUNDED SHALL BE CREDITED
TO THE SOCIAL SECURITY FUND
• NO SUCH PROVISION
• ESTABLISHED U/S 141 OF THE SOCIAL SECURITY CODE, 2020
• THE FACILITY OF ABOVE COMPOSITION SHALL NOT BEAVAILABLE
• FOR SUBSEQUENT OFFENCE COMMITTED DURING NEXT 3 YEARS
Enhanced fines and penalty of imprisonment should act as a deterrent from flouting laws and
committing contraventions.
15. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THE INDUSTRIAL RELATIONS CODE, 2020
COMPOUNDING OF OFFENCES:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• IF THE APPLICATION FOR COMPOUNDING IS MADE
BEFORE INTIATION OF PROSECUTION
• NO SUCH
PROVISION
• THEN THE PROSECUTION WILL NOT BE INITIATED
• IF THE APPLICATION FOR COMPOUNDING IS MADE
AFTER INITIATION OFPROSECUTION
• THE OFFICER WILL INFORM THE ADJUDICATING
AUTHORITY AND THE PERSON WILL BE DISCHARGED
• ANY PERSON WHO FAILS TO COMPLY WITH THE ORDER
MADE U/SS (1)
• SHALL BE LIABLE TO PAY20% OF MAXIMUM FINE
PROVIDED, IN ADDITION TO THE FINE
Money realised from fine etc. will be utilised back for the benefit of industry and working
class through Social Security Fund.
SCHEDULES:
AS PER NEW INDUSTRIAL RELATIONS CODE,2020 AS PER EXISTING ACTS
• FIRST SCHEDULE – MATTERS TO BE PROVIDED IN THE
STANDING ORDERS UNDER THE CODE
• SUCH PROVISIONS
EXIST
• SECOND SCHEDULE – UNFAIR LABOUR PRACTICES
• THIRD SCHEDULE – SERVICE CONDITIONS FOR CHANGE OF
WHICH NOTICE IS REQUIRED TO BE GIVEN
All the four Codes are a positive initiative to do away with archaic labour laws and for
helping in doing ease of business in the lager interest of all the stake holders, viz., the
employer, the worker, the society and the nation as a whole.
16. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
Plot No. 75-C, Sector 18, Gurugram, Haryana
sachin@guptaconsultants.com
sanjay@guptaconsultants.com
contact@guptaconsultants.com
+91 9871004014
+91 8744079902
+91 124 4063 981
Contact Us
17. G&CC MANAGEMENT SERVICES PRIVATE LIMITED
Registered Office: B 2B/3 3rd
Floor Janak Puri New Delhi -110058 I Head Office: 540/18 Civil Lines Gurgaon -122001 Haryana
THANK YOU!