TaxTMI 
TaxTMI 
Draft of Industrial Relations (Central) Rules, 2025
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....ions of the said Code have been brought into the force. Now therefore, the following draft rules, which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) of section 99 of the Industrial Relations Code, 2020 (35 of 2020) read with sub- section (2) of the said section and read with section 24 of The General Clauses Act, 1897 (10 of 1897) in supersession of the- (ii) The Industrial Disputes (Central) Rules, 1957; and (iii) The Industrial Employment (Standing Orders) Central Rules, 1946 except as respects things done or omitted to be done before such supersession, are hereby notified, as required by sub- section (1) of said section 99, for information of all persons likely to be affected thereby and notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of thirty days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public; Objections and suggestions, if any, may be addressed to Shri Govind Ram, Deputy Secretary to the Government of India, Ministry of Labour and Employment, IR(PL) Section, R....
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....trator of that Union territory. (2) For the purposes of these rules, with reference to clause (m) of section 2, it is hereby specified that- (a) in relation to an industry, not being an industry referred to in sub clause (ii) thereof, carried on by or under 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) the General Manager thereof shall be the employer in respect of regular railway servants other than casual labour in the case of an establishment of a Zonal Railway; (ii) the Officer-in-charge of the establishment shall be the employer in respect of regular railway servants other than casual labour in the case of an establishment independent of a Zonal Railway; and (iii) the District Officer-in-charge or the Divisional Personnel Officer or the Personnel Officer, as the case may be, shall be the employer in respect of casual labour employed on Zonal Railway or any ....
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....liation officer on the agreement shall not be necessary where the agreement for settlement is arrived at outside conciliation: Provided further that nothing in this rule shall prohibit a settlement between a worker or workers or Trade Union and an employer on mutually agreed terms and such settlement may be in a format other than Form I. CHAPTER II BI-PARTITE FORUMS 5. Works Committee, its constitution and matters related thereto .- (1) Constitution of Works Committee: Every employer to whom an order made by the Central Government under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee (hereinafter in this rule referred to as the 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 common interest or concern, in the manner specified in this rule. (2) Number of Members: (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)T....
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....e 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 information technology application, online platform or such other platform to enable as to how the representatives of workers shall be elected for the Committee under this clause: Provided further that where a registered Trade Union fails to furnish the information called for under sub-rule (4) within one month of the date on which it is so called for, then, such Trade Union shall for the purpose of this rule be treated as if it did not exist: Provided also that where any reference has been made by the employer under sub-rule (4), the process of choosing the worker's representative relating thereto shall be held on receipt of the decision of the concerned Regional Labour Commissioner (Central). (6) Electoral Constituencies: The employer may, if he thinks fit, direct that t....
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....vided by employer and the copies thereof shall be supplied by the employer to the workers requiring them. (ii)Each nomination paper referred to in sub-rule (10) shall be signed by the candidate to whom it relates and attested by at 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) Scrutiny of Nomination papers: (i) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinized by the employer in the presence of the candidates and the attesting persons and those nominations which are not valid shall be rejected. (ii) A nomination paper shall be held to be not valid under sub-rule (11), if- (a) the candidate nominated is ineligible for being a candidate under sub-rule (7); or (b) the requirements of sub-rule (10) have not been complied with: 88 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may send a duly authorized nominee for the purpose. (12) Withdrawal of Candida....
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....to fill a casual vacancy 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)The membership of any member, who fails to attend three consecutive meetings of the Committee without obtaining leave from the Committee, shall stand forfeited. (16) Vacancies: In the event of worker's representative ceasing to be a member under clause (iii) of sub-rule (15) or ceasing to be employed in the industrial establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule for the remaining period of the Committee from the same group to which the member vacating the seat belonged. (17) Power to Co-Opt: 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) Meetings: (i)The Committee may meet as often a....
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....rkers, shall consist of equal number of members representing the employer and workers, which shall not exceed ten. (2) The representatives of the employer in the Grievance Committee shall 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) The worker's representative of the Grievance Committee shall be chosen in the following manner, namely: - (a) where there is a negotiating union under sub-section (2) or sub-section (3) of section 14, such negotiating union or negotiating council, as the case may be, shall nominate the worker's representatives of the Grievance Committee; (b) in the case of a negotiating council under sub-section (4) of section 14, the nomination shall be in such manner that every registered Trade Union representing in the negotiating council shall be represented in the Grievance Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Union; (c) where there is no recognized negotiating union or negotiating ....
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....m the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub-section (6) of section 4 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 registered post or speed post or in person, the conciliation officer shall get the same digitized and enter the particulars of the application in the online mechanism under intimation to the Trade Union and worker. CHAPTER III TRADE UNIONS 9. Manner of Recognition of Negotiating Union or Negotiating Council .- (1). Matters for negotiation between negotiating union or negotiating council and employer for the workers employed in the industrial establishment under sub-section (1) of section 14 .- The matters pertaining to workers which the negotiating union or the negotiating council, as the case may be, shall negotiate with the employer of the industrial establishment under sub-section (1) of section 14 are specified, as below: - (i) classification of grades and categories of workers; (ii) order passed by an employer under the standing orders applicable ....
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....ication in the industrial establishment within the time as determined by the Central Government. (ii) The employer of the industrial establishment shall bear all expenses and make arrangements in connection with the verification of membership of trade unions under clause (i). (iii) (a) The Trade Unions which satisfy the following conditions may submit an application to the employer of the industrial establishment to accord status of negotiating union or the representatives of negotiating council of the workers, as the case may be, namely :- 91 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण such Trade Union has a valid registration under the Trade Unions Act, 1926 (16 of 1926) and continuing as such or has the registration under the Industrial Relations Code, 2020 (35 of 2020), as the case may be; and (b) The application for recognition made by Trade Union shall be accompanied with a copy of the registration certificate, a copy of list of members, details of the membership subscription and a copy of latest annual return of the ....
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....inal and he shall publish the schedule, program and procedure of such secret ballot election. (iii) All workers whose names are borne on the muster roll of the industrial establishment on the date of reckoning shall be eligible to cast their vote. (iv) The voters list shall be prepared by the employer of the industrial establishment on the basis of names of the workers borne on the muster roll referred to in clause (iii) and the voters list shall contain the name, father's name, designation, worker number/identity card number issued by the employer and place of posting of the worker. The final voter list shall be published by the employer after obtaining the approval of verification officer and shall be displayed at notice board at the main entrance and website, if any, of the industrial establishment. A copy of such voters list shall also be sent to the participating Trade Unions by hand or by registered post or through electronic mode. (v) The verification officer shall display the list of the name of the participating Trade Unions with the symbol allotted to them on the notice board at the main entrance and website, if any, of the industrial establishment within two day....
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.... union or negotiating council, as the case may be; (iii) venue and necessary facilities for holding discussions amongst the members of the negotiating union or constituents of negotiating council, as the case may be; (iv) facility for entrance of the office bearers of the negotiating union or negotiating council, as the case may be, in the industrial establishment for the purposes of ascertaining the matters which are relating to working conditions of the workers; (v) employer of the industrial establishment shall deduct subscription of the members of the Trade Union on the basis of the written consent of the worker; (vi) when the office bearers of the negotiating union or negotiating council shall be holding meetings with the employer as per agreed schedule between employer and such employed office bearers shall be treated as on duty; and (vii) employer of an industrial establishment, having three hundred or more workers, shall provide suitable office accommodation with necessary facilities to the negotiating union or negotiating council, as the case may be. (8). Manner of making application for adjudication of dispute before Tribunal under sub-section (1) of sec....
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....pt of intimation of model standing orders so adopted, direct such employer to include or adopt certain provisions which are relevant to his industrial establishment and indicate those relevant provisions and direct such employer to comply the same within a period of thirty days from the date of the receipt of such direction and send a compliance report only in respect of those provisions 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 as specified in sub-rule (1), then, the model standing order shall be deemed to have been certified by the certifying officer. (6) The provisions of the model standing orders adopted in accordance with the provisions of these rules shall remain in force with effect from the date specified in sub-rule (1). (7) Without prejudice to the provisions of this rule, 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. 11. Choosing of representative....
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....nding order, shall contain the particulars of such standing order which is proposed to be modified along with a tabular statement containing details of each of the relevant 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 authorized 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 in the country. 14. Conditions for submission of draft standing orders in similar 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 and for the purpose of proceedings specified in sub-sections (1), (5), (6), (8) and sub-section (9) thereof: 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 94 THE GAZET....
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....arty to the appeal. (3) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal referred to in sub- 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) On the date fixed under sub-rule (2) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or considers relevant, if produced, and after hearing the parties, dispose of the appeal. 16. Sending of order and maintaining of standing orders. - (1) The order of the appellate authority shall be sent electronically or otherwise within three days of the disposal of appeal to the-employer or Trade Union or the negotiating union or negotiating council or any union or representative body of the workers, as the case may be, by whom the appeal has been filed. (2) The text of the standing orders as finally certified or deemed to have been certified or adopted model standing orders under this Chapter, shall be maintained by the employer in Hindi or in English and in the language understood by majority of workers where the industrial establish....
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....be signed by a person authorized 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. CHAPTER V NOTICE OF CHANGE 19. Notice for change proposed to be effected .- (1) Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in Form- IV electronically or by registered post with acknowledgement due or in person, to such workers likely to be affected by such change and shall also upload such notice on the designated portal, if any, of the industrial establishment. (2) The notice referred to in sub-rule (1) shall be displayed conspicuously by the employer on the notice board or on the electronic notice board at the main entrance of the industrial establishment: Provided that when there is a registered Trade Union or registered Trade Unions or a negotiating union or negotiating council relating to the concerned industrial establishment, a copy of such notice shall also be served in the manner specified in sub....
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....a notification in this behalf in the Official Gazette and upload it on the website of the Ministry of Labour and Employment, for the information of the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute so that they may present their case before the arbitrator or arbitrators appointed for such purpose. 22. Choosing of representatives of workers where there is no Trade Union .- Where there is no Trade Union, the representative of workers to present their case before the arbitrator or arbitrators, in pursuance of clause (c) of the proviso to sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of concerned workers in Form- VI authorizing therein 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 MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES 23. Holding of conciliation proceedings, full report, and application and the manner of deciding such application .- (1) Where the conciliation officer receives any- (a) notice of a strike or lockout given....
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....that Government along with a memorandum of the settlements signed by the parties to the dispute, also upload such report and memorandum of settlement on the designated portal of Ministry of Labour and Employment. (6) 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 to bring the parties to an amicable settlement, reasons for refusal of the parties to resolve the dispute and the 97 à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] conclusion arrived at by the conciliation officer. (7) All the evidences before the conciliation officer, except the documentary evidence, shall be filed in the form of affidavit and the parties to the dispute shall also file the application or, as the case may be, reply or rejoinder thereof in the form of an affidavit. 24. Application for recovery of dues. - (1) Where any money is due from an employer to a worker or a g....
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....nciliation officer and Chief Labour Commissioner (Central). 26. Notice of lock-out and authority .- (1) The notice of lock-out referred to in sub-section (2) of section 62 shall be given by the employer of an industrial establishment in Form-XII to the Secretary of every registered Trade Union relating to such industrial establishment by registered post or 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 a notice board or on electronic board at the main entrance to the industrial establishment and a copy of the said notice may also be posted on 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 a notice of lock-out, then he shall, within five days from the date of such notice, intimate electronically....
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....r willingness for employment, give them preference over other on the basis of their service seniority. (3) The employer shall arrange for the display on a notice board in a conspicuous place in the premises of the industrial establishment the details of vacancies at least fifteen days before the date on which such vacancies are to be filled and shall also give intimation of those vacancies by registered post or speed post or through e-mail to every one of all the retrenched workers eligible to be considered therefor, to the latest address or e-mail, given by each of them at the time of retrenchment or at any time thereafter: Provided that when the number of such vacancies is less than the number of retrenched workers, it shall be sufficient if the intimation 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 the vacancy is of duration of less than one month there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workers: Provided also that if a r....
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....onic board at the main entrance of the industrial establishment. 31. Application of permission from Central Government to continue lay-off .- The employer shall, in case of an industrial establishment being a mine specified in sub-section (3) of section 78, where the workers (other than Badli workers or casual workers) have been laid-off under sub-section (1) of the said section for reasons of fire, flood or excess of inflammable gas or explosion, within a period of thirty days from the date of commencement of such lay- off, make an application to the Central Government in Form-XIV electronically and by registered or speed post with a copy to the concerned Deputy Chief Labour Commissioner (Central) for permission to continue the lay-off- (a) specifying the number of days; (b) intimating the number of workers to be laid off; (c) the total number of workers employed in the industrial establishment; (d) the date of layoff; and (e) the reasons for continuation of such lay-off. 32. Time-limit for review .- (1) The Central Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant ....
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....he 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. 35. Application to Central Government by employer for intended closing down of an industrial establishment and manner of serving copy of such application to representatives of workers .- An employer who intends to close down an industrial establishment, to which the provisions of Chapter X of the Code apply, shall apply to the Central Government in Form XIV electronically for prior permission, at least ninety days before the 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 registered post or speed post. 36. Time-limit for review .- (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 under sub-section (2) of section....
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....fice of the Deputy Chief Labour Commissioner (Central) / Office of the Regional Labour Commissioner (Central) / Office of the Assistant Labour Commissioner(Central). CHAPTER XII OFFENCES AND PENALTIES 38. Manner of composition of offence by a Gazetted Officer and the manner of making application for compounding of any offence .- (1) The officer notified by the Central Government for the purposes of compounding of offences under sub-section (1) of section 89 (hereinafter referred to as the compounding officer) shall, if he is of the opinion that any offence under the Code for which the compounding is permissible under the said section and in respect of which prosecution is not instituted, send a notice to the accused in Form XV consisting of three parts through the designated portal of the Ministry of Labour and Employment. (2) In Part I of Form XV, the compounding officer shall, inter alia, specify- (a) the name of the offender and his other particulars; (b) the details of the offence and the section under which the offence has been committed; and (c) the compounding amount required to be paid towards the composition of such offence. (3) In Part II of the Form XV,....
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....after receiving such intimation, the court shall discharge the accused person and close the prosecution. (8) The compounding officer shall exercise the powers to compound offence under this rule, subject to the direction, control and supervision of the Central Government. CHAPTER XIII MISCELLANEOUS 39. 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 should be recognized as protected workers. (2) Any change in the incumbency of any officer of the Trade Union referred to in sub-rule (1) shall be communicated to the employer by such Trade Union within fifteen days of such change. (3) The employer shall, within fifteen days of the receipt of the names and addresses from the Trade Union under sub- rule (1) and subject to the provisions of sub-section (3) and sub-section (4) of section 90, recognize such workers to be protected workers for the purposes of the said....
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.... the National Industrial Tribunal, as the case may be, to be acquainted with the facts of the case. 41. Authorisation of worker for representing in any proceeding .- Where the worker is not a member of any Trade Union, then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which the worker is employed, may be authorized in Form-VI by such worker to represent him in any proceeding under the Code relating to a dispute in which that worker is a party. 102 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] 42. Authorisation of employer for representing in any proceeding .- Where an employer is not a member of any association of employers, then, such employer may authorize in Form-VI, an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged, to represent him in any proceeding under the Code relating to a dispute in which that employer is a party. 43. Enquiry .- (1) On receipt of a complaint of the offence committed under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 an....
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....ehalf of complainant, and in the case of refusing such permission, the enquiry officer shall include reasons for the same, and incorporate it in the record. (8) The complaint or other documents relevant to the complaint may be presented in person to the enquiry officer at any time during hours fixed by the enquiry officer, or may be sent to him electronically, or by registered post or speed post and the opposite party shall have the right to reply the complaint and such other documents. (9) The enquiry officer shall endorse, or cause to be endorsed, on each document the date of its presentation or receipt, as the case may be, and if the documents are submitted electronically, no such endorsement shall be necessary. (10) The enquiry officer may refuse to entertain a complaint, if he considers that the complaint is incomplete and may ask the complainant to rectify the defects within the time specified by him for such purpose: Provided that if the enquiry officer finds that it is not possible to rectify the defects in the complaint, he may at once return such complaint indicating the defects. (11) Where the complaint is presented again, after rectification of the defect....
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....nal, shall be entitled to an allowance for expenses on the same rates as applicable to witnesses in the civil court in the State where such enquiry, adjudication or arbitration, as the case may be, is being conducted. 45. Submission of a copy of certain Forms to office of Director General, Labour Bureau .- A copy each of Form XI (notice of strike), Form XII(notice of lockout), Form XIII (notice for intimation of retrenchment or closure to the Central Government), Form XIV (application for permission of lay-off or retrenchment or closure) and Form XV (compounding of offences), shall be shared electronically with the Director General, Labour Bureau. 46. Publication for communication .- For the purposes of communication to effect service of messages and documents under these rules, the Central Government, National Industrial Tribunal, Tribunal, every employer for which the Central Government is the appropriate Government, every Trade Union, negotiating union or the constituents of negotiating council and every authority referred to in these rules, shall specify their e-mail id or website or portal or any or all of them, as the case may be, in their respective letter-heads .. ....
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....ry the amount of the Commissioner's fees 104 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] in consultation with the parties. (5) The Tribunal may direct that the fees shall be disbursed to the Commissioner in such installments and on such date as 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. 50. Time for submission of report .- (1) Every order for the appointment of Commissioner under sub-section (3) of section 59 shall indicate a date, allowing sufficient time, for the Commissioner to submit his report. (2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he 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: Provided that the Tribunal may, if it deems fit for sufficient cause, grant extension of time even where no application for such extension has been recei....
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....te of the dispatch of the copy of standing orders as settled on appeal Any other relevant detail (6) (7) (8) (9) (10) Part-II Should contain the certified copy of the Standing Orders electronically. 108 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] FORM- IV (See rule19) (NOTICE OF CHANGE OF SERVICE CONDITIONS PROPOSED BY AN EMPLOYER) Name of employer Address. day of Dated the 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 workers in respect of the matters specified in the Third Schedule to the said Code. Signature .. Designation ANNEXURE (Here specify the change/changes intended to be effected) Copy forwarded to: 1. The Secretary of registered Trade Union, if any. 2. Concerned Deputy Chief Labour commissioner(Central). 109 à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à....
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....uthorize Shri / Shrimati/Kumari .to represent me/us in the above matter. ..... .......... 20. .. day of. Dated this. ..... Signature of person(s) nominating the representative(s) Address Accepted. 111 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM- VII (See rule 24) (APPLICATION UNDER SUB-SECTION (1) OF SECTION 59 OF THE INDUSTRIAL RELATIONS CODE, 2020) To, (1) The Secretary to the Government of India, Ministry of Labour and Employment, New Delhi. (2) The Deputy Chief Labour Commissioner (Central). (here insert the name of the region). Sir, I/We have to state that I am/we are entitled to receive from M/s a sum of Rs. (in words) on account of under the provisions of Chapter IX and X of the Industrial Relations Code, 2020 (35 of 2020) /in terms of the award dated the ... given by. /in terms of the settlement dated the arrived at between the said M/s and their worker through ....... .. the duly elected representatives. I/We further state that I/we served the management with a demand notice by re....
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....claimed.) 113 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM-IX (See rule 24) (APPLICATION UNDER SUB-SECTION (2) OF SECTION 59 OF THE INDUSTRIAL RELATIONS CODE, 2020) Before the Central Government Industrial Tribunal at. and. between. (1) Name of the applicant(s) (2) Name of the employer The petitioner(s) a worker of M/s. The petitioner(s) undersigned, worker/workers of is/are entitled to receive from the said M/s. .of the money /benefits mentioned in the statement hereto annexed. It is prayed that the Tribunal may be pleased to determine the amount /amounts due to the petitioner (s). Signature or Thumb Impression (s) of the applicant(s) Address (es) Place .. Date ANNEXURE (Here set out the details of the money due or the benefits accrued together with the case for their admissibility.) 114 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] FORM- X [See rule 24] (APPLICATION BY A PERSON WHO IS AN ASSIGNEE OR HEIR OF A DECEASED WORKER UNDER SUB- SECTION (2) OF ....
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....e, 2020 (35 of 2020) , I/we hereby give notice to all concerned that it is my/our intention to effect lock out in .. department(s), section(s) of my/our establishment with effect from for the reasons explained in the annexure. Signature .. ....... Designation ANNEXURE Statement of reasons 1. Copy forwarded to: (1) The Secretary of the Registered Union, if any (2) Conciliation officer ..... [Here enter office address of the Assistant Labour Commissioner / Regional Labour commissioner/ Deputy Chief Labour commissioner (Central) of the concerned area.] (3) Chief Labour Commissioner (Central) New Delhi (4) To the office of Director General Labour Bureau. (5) Secretary, Ministry of Labour and Employment, New Delhi 117 à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] FORM -XIII (See rules 27, 29 and 45) (NOTICE OF INTIMATION OF RETRENCHMENT/ CLOSURE TO BE GIVEN BY AN EMPLOYER TO THE CENTRAL GOVERNMENT UNDER THE PROVISIONS OF CHAPTER IX OF THE INDUSTRIAL RELATIONS CODE, 2020 AND RULES MAD....
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....we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been Annexed. 7. I*/ we* hereby declare that the above information given by me*/us* in this notice and the Annexures enclosed herewith true, I*/ we* am*/ are* solely responsible for its accuracy and no facts/ materials has been suppressed in the matter. Yours faithfully, (Name of Employer/ *** Authorised Representative with Seal) (* Strike off which is not applicable.) ( ** Indicate number in figures and words both) ( *** Copy of Authorisation letter issued by the employer shall be enclosed) Copy to : (1) To the Office of DG Labour Bureau, Ministry of Labour and Employment, (Only for statistical purpose) (2) Deputy Chief Labour Commissioner (Central) of the concerned area. (3) To the Registered Unions/ Authorised Representatives of Workers operating in the establishments or undertakings. 119 à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] FORM- XIV (See rules 30, 31, 33, 35 and 45) (APPLICAT....
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....of Lay-off) The worker(s) concerned were given on (DD/MM/YYYY) notice in writing as required under section 78(2)*/ section 78(3)* of the Industrial Relations Code, 2020 (35 of 2020). or *(Retrenchment/ Closure) The worker(s) concerned were given on ......... (DD/MM/YYYY) three month's notice in writing as required under section 79*/ section 80* of the Industrial Relations Code, 2020 (35 of 2020). or *(Retrenchment/ Closure) The worker(s) have been given on ....... (DD/MM/YYYY) three month's pay in lieu of notice as required under section 79*/ section 80* of the Industrial Relations Code, 2020 (35 of 2020). 2. The details of affected worker(s) is at Annexure II. 3. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in compliance to the Section 71 and section 72 of the Industrial Relations Code, 2020 (35 of 2020). 4. * I/We* hereby declare that the worker(s) concerned have been*/will be* paid all the dues and 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....
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.... INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] ANNEXURE II (Details of affected workers) Sl. No UAN/ CMPFO Name of the Worker Category ( Highly Skilled / Skilled/ Semi- skilled / Unskilled ) Date from which in service in/with the said establishment /Undertaking/ Employer Wage as on date of Application Remark 1 2 3 Copy to: Labour Bureau 123 à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] FORM-XV (See rules 38 and 45) (NOTICE TO THE EMPLOYER/PERSON WHO COMMITTED AN OFFENCE FOR THE FIRST TIME , FOR COMPOUNDING OF OFFENCE UNDER SECTION 89 OF THE INDUSTRIAL RELATIONS CODE, 2020 READ WITH RULE 41) The undersigned, the Compounding Officer, for the purposes of section 89 of the Industrial Relation Code, 2020 (35 of 2020), hereby intimates you that the allegation has been made against you for committing offence for the violation of various provision of this Code as per the details given below :- PART - I 1. Name and Address of the offender Employer/person- 2. Address of the Establishment 4. Particulars of t....
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....ntravention 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 management is challenged.) The complainant(s) accordingly prays/pray that the Conciliation officer/ Arbitrator/ Industrial Tribunal or National Industrial Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its annexure required under rule 43 of the Industrial Relations Code, 2020 (35 of 2020) are submitted herewith. ......... 20. . Signature of the Complainant(s) ....... .. day of. Dated this. Verification I do solemnly declare that what is stated in paragraph. ....... above is true to my knowledge and that what is stated in paragraphs ........ above is stated upon information received and believed by me to be true. This verification is signed by me at .. ..... on . ........ day of. ......... 20 .. Signature or Thumb impression of the person verifying 126 THE GAZETTE OF IN....
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....een appointed for. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of six months, be reverted to his old permanent post. (6) A badli is a worker who is appointed against the post of a permanent worker or probationer who is temporarily absent but he would cease to be a "badli" on completion of a continuous period of service of one year (190 attendances in the case of below ground worker and 240 attendances in the case of any other worker) in the same post or other post or posts in the same category or earlier if the post is vacated by the permanent worker or probationer. A "badli" working in place of a probationer would be deemed to be permanent after completion of the probationary period. (7) "Fixed Term Employment" means the engagement of a worker on the basis of a written contract of employment with the employer for a fixed period: Provided that- 127 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (a) his hours of work, wages, allowances and other benefits ....
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....ted on the notice board or Electronic Notice Board and on the Human Resource Portal of the industrial establishment, if any, from time to time in Hindi, English and in the local language in which majority of workers in industrial establishment are conversant. (2) Any change in periods of hours of work, number of shifts, shift timings, work on all the days of the week with staggered weekly holidays system or like other matters, shall also be displayed on notice board or electronic notice board of the industrial establishment. 5. Publication of Holidays, Pay days and Wage rates .- (1) Notices specifying the days observed by the industrial establishment as holidays, and pay days shall be posted on the electronic notice board or notice board and website or Human Resource portal/IT Application of the industrial establishment, if any. (2) A list of national and festival Holidays shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any. 6. Publication of Wage rates .- Wage rates payable to all categories of workers shall be displayed on the electronic notice board or notice board and website ....
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....blishment if any; and (k) Where any registered trade union of workers exists, then, a copy of the notice referred to in clause (a) shall also be served electronically or by registered post to the Secretary of such union. 9. Attendance and Late Coming .- (1) All workers shall be at work at Mine at the time fixed and notified under paragraph 5. Worker attending late will be liable for deduction provided for in the Code on Wages, 2019 (29 of 2019). (2) All workers working above the ground and also underground shall comply with the regulations related to hours of work for the time being in force. (3) Workers shall register their attendance at the start of the shift and at the close of the shift after and before change of uniform, if any, respectively. (4) Workers shall use identity card or biometrics or any other system as has been notified to register their attendance. (5) No worker shall use or punch the Identity badge or Card other than his own under any circumstances. (6) Any worker, reporting late than the scheduled time for reporting shall not be permitted to enter his department or section, unless permitted by the express permission of the manager, or any ot....
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....any employment or any vocation for profit or gain. 11. Railway travel facilities .- (1) When a worker proceeds on leave and is qualified for free railway fare, the employer shall give him the cost equivalent of his ticket (including bus fare) and for boat to his home. (2) Every worker who has completed a period of twelve months' continuous service, would qualify for railway fare or bus fare or both for going home on leave and returning to the mine on the expiry of the leave. The twelve months' service shall be deemed to have been completed if, during the twelve months preceding the date on which he applies for leave, he has worked for not less than two hundred and forty days. (3) If on the expiry of the leave, a worker returns, he shall than receive a cash payment equivalent to the return fare. If on his return the mine is unable to have him back, he shall be paid return fare at once. (4) If the journey home is by bus or partly by bus and partly by train, the cost of journey shall be adjusted accordingly. (5) The worker shall be entitled to railway fare by mail or express train, wherever under the Railway Rules tickets are available for such travel. (6) The class ....
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.... closure of the establishment, the wages payable to him shall be paid within two working days of his removal, dismissal, retrenchment or, as the case may be, his resignation. 130 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] (4) Every employer shall issue wage slips to the worker in such form and manner as prescribed in Code on Wages, 2019. (5) There shall be no deductions from the wages of the worker, except those as are authorized under the Code on Wages, 2019. (6) All fines and all realisations from the wages of the worker shall be carried out in accordance with the section 19 of the Code on Wages, 2019. (7) Notice specifying wage period and payment date shall be exhibited on the notice board or electronic board and on the Human Resource portal/IT Application in Hindi, English and regional language familiar to the majority of workers. 14. Service Record .- (1) Matters relating to service card, certification of service, change of residential address of workers and record of their age shall form part of service record and - (i) Every industrial establishment shall maintain a service card in respect of each worker electronically or in manual fo....
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....who is in a position to know about the workman's actual or approximate date of birth, before a first Class Magistrate or Oath Commissioner, as evidence in support of the date of birth given by him. (2) The date of birth of a worker, once entered in the service card of the industrial establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of the date of his retirement from the service of the industrial establishment. All formalities regarding recording of the date of birth shall be finalized within three months of the date of the appointment of a worker. (3) Cases, where date of birth of any worker had already been decided before the date these standing orders come into force shall not be reopened under these standing orders. Note .- Where the exact date of birth of a worker is not available and the year of birth is only established, then, the 1 st July of the said year shall be taken as the date of birth. 15. Confirmation .- The employer shall, in accordance with the terms and conditions stipulated in the letter of appointment, confirm the eligible worker and issue a letter of confirmation to him. Whene....
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....to the injured worker and shall arrange for his further treatment, if considered necessary by the doctor attending on him. (2) Wherever the worker is entitled for treatment and benefits under the Social Security Code, 2020 (36 of 2020), then, he shall be entitled for treatment and benefits under that Code. 19. Medical Examination .- (1) Wherever the recruitment rule or any contract of appointment or Fixed Term Employment specify medical examination of a worker, on his first appointment, the employer shall at the employer's expense make arrangements for medical examination. (2) All workers to be employed in the industrial establishment of Mine shall be required to clear the medical examination by the Medical Authority nominated by the industrial establishment for such purpose, at the time of first appointment. (3) The industrial establishment may at any time direct any worker to undergo medical examination by any Medical Officer nominated to ascertain workers' fitness relatable to satisfactory performance of his job. The term "Medical Officer" shall have same meaning as it has in sub-section (1) of section 42 of Occupational Safety, Health and Working Condition Code, 202....
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....In the event of such stoppage during working hours, the workers affected shall be notified by notices put upon the notice board or electronic notice board or on the Human Resource Portal/IT application or through any other electronic medium of the industrial establishment, if any, as soon as practicable, when the work will be resumed and whether they are to remain or leave their place of work. The worker shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the worker so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workers so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In case of piece rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given of resumption of normal work. (3) In cases of temporary stoppage of work on account of failure of plant or reasons as specified in....
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....e there is an investigation followed by enquiry, both the investigation and enquiry shall be ordinarily completed within ninety days from the date of suspension. The worker shall be paid subsistence allowance during the period of suspension which shall be subject to the worker not taking any employment elsewhere during the period of suspension. (2) The amount of subsistence allowance payable to such worker shall be as under, namely :- (a) at the rate of fifty percent of wages which the worker was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and (b) at the rate of seventy-five per cent of such wages for the remaining period of suspension, if the delay in completion of disciplinary proceedings against such worker is not directly attributable to the conduct of such worker. (3) For the purposes of this standing order, the following shall denote misconduct, namely :- (a) theft, fraud, or dishonesty in connection with the employer's business or property; (b) taking or giving of bribes or an illegal gratification whatsoever in connection with the employer's business or his own interests; 133 à¤à¤¾à....
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.... Where a disciplinary proceeding against a worker is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the worker under suspension, he may, by order in writing, suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the worker within a week from the date of suspension. (b) In the enquiry, the worker shall be entitled to appear in person or to be represented by an office-bearer of a Trade Union of which he is a member or a co-worker of his choice. (c)The proceedings of the enquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the worker. (d) The proceedings of the inquiry shall be completed within a period of ninety days: Provided that the period of ninety days may, for reasons to be recorded in writing, be extended for such further period as may be deemed necessary by the inquiry officer. (e) If on the conclusion of the ....
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....rder imposing punishment under sub-paragraph (4) may within twenty-one days from the date of receipt of the order, appeal to the appellate authority specified under clause (b). (b) The employer shall, for the purposes of Clause (a) specify the appellate authority. (c) The appellate authority, after giving an opportunity to the worker of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the worker in writing: Provided that where there is a complaint of sexual harassment the internal complaint committee constituted for such purpose in each industrial establishment for inquiring into such complaints, shall, notwithstanding anything contained in this paragraph, be deemed to be the inquiring authority appointed by the employer for the purpose of these standing orders and the internal complaint committee shall hold the inquiry under this paragraph, unless separate procedure has been specified by the employer for the complaint committee for holding such inquiry into the complaints of sexual harassment, as far as practicable. (7) The constitution of internal complaints committee shall be in accordance w....
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....the certifying officer shall enter the details of the industrial establishment who has adopted the model standing order in the register maintained under rule 15 of the Industrial 135 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Relations (Central) Rules, 2020. In the event, the certifying officer observes that the industrial establishment which has intimated adoption of model standing order is also engaged in activities other than for which model standing order has been adopted then, he shall within a period of thirty days from such receipt of intimation of model standing orders so adopted may give his observation, if any, that the employer is required to include or adopt certain provisions which are relevant to his industrial establishment and indicate those relevant provisions and direct the employer of the industrial establishment that he shall, within a period of thirty days from the date of the receipt of such direction comply with the direction and send compliance report only in respect of those provisions which the certifying ....
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..... Place of Birth 13. Date of Joining 14. Medical certificate at the time of joining 15. Educational and other qualifications 16. Language which the worker can read 17. Language which the worker can write 18. Language which the worker can speak 19. Height 20. Identification Marks 21. Department 22. Mobile number and email 23. Permanent Address 24. Local Address 25. Quarter No. 26. Provident Fund Account No. 27. Nominee for Gratuity 28. Nominee for pension, if any 29. Employees State Insurance No. 30. Training courses attended (details) 137 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 31. Eligibility for higher jobs 32. Proficiency tests passed. 33. EMPLOYMENT HISTORY Department Token No. Designation Scale of Pay Joined Left ( Reason) 1 2 3 4 5 6 34. ABSENCE PERIODS Form To Reason Medical reports regarding suitability for continued employment (i) Sick Leave (ii) Earned Leave (iii) Any other Leave 35. Maternity Benefit 36. Employee's Compensation ....
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.... (5) A Probationer is a worker who is provisionally employed to fill a permanent vacancy in a post and has not completed six months 'service therein. The period of probation can be extended further period up to three months after assessing the performance of the probationer for the post, he has been appointed for. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of six months, be reverted to his old permanent post. (6) A badli is a worker who is appointed against the post of a permanent worker or probationer who is temporarily absent. (7) "Fixed term employment" means the engagement of a worker on the basis of a written contract of employment with the employer 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....
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.... in the local language in which majority of workers in industrial establishment are conversant. (2) Any change in periods of hours of work, number of shifts, shift timings, work on all the days of the week with staggered weekly holidays system or like other matters, shall also be displayed on notice board or electronic notice board of the industrial establishment. 5. Publication of Holidays, Pay days and Wage rates .- (1) Notices specifying the days observed by the industrial establishment as holidays, and pay days shall be posted on the electronic notice board or notice board and website or Human Resource portal/ IT Application of the industrial establishment, if any. (2) A list of national and festival Holidays shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any. 6. Publication of wage rates .- Wage rates payable to all categories of workers shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any, in Hindi, English and local language in which majority of workers in industrial establishment are....
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.... the Secretary of such union. 9. Attendance and Late Coming .- (1) All workers shall be at work at the time fixed and notified under paragraph 5. Worker attending late will be liable for deduction provided for in the Code on Wages, 2020 (29 of 2019). (2) All workers shall comply with the regulations related to hours of work for the time being in force. (3) Workers shall register their attendance at the start of the shift and at the close of the shift after and before change of uniform, if any, respectively. (4) Workers shall use identity card or biometrics or any other system as has been notified to register their attendance. (5) No worker shall use or punch the Identity badge or Card other than his own under any circumstances. (6) Any worker, reporting late than the scheduled time for reporting shall not be permitted to enter his department or section, unless permitted by the express permission of the manager, or any other officer, duly authorized for such purpose. (7) A worker shall be deemed absent, if he fails to attend duty, unless he has obtained written permission for such absence from the manager or the Officer authorized in this behalf. (8) A worker....
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.... the industrial establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department or the controlling authority shall, as soon as may be practicable, be informed in writing or through electronic mode of the absence from and of the probable duration of such absence. 12. Payment of Wages. - (1) The employer shall pay or cause to be paid wages to the worker, engaged on- (i) daily basis, at the end of the shift; (ii) weekly basis, on the last working day of the week, that is to say, before the weekly holiday; (iii) fortnightly basis, before the end of the second day after the end of the fortnight; (iv) monthly basis, before the expiry of the seventh day of the succeeding month. 141 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (2) All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the worker or by the electronic mode. Provided, the employer shall pay the wages only by cheque or by crediting the wages in hi....
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.... address shall be treated by the employer as his residential address for sending any communication; (iv) Every worker shall indicate his exact date of birth to the employer or the officer authorized by him in this behalf, at the time of entering service in the industrial establishment. The employer or the officer authorized by him in this behalf may before the date of birth of a worker is entered in his service card, require him to supply,- (a) his matriculation or school leaving certificate granted by the Board of Secondary Education or equivalent certificate granted by similar educational authority; or (b) a certified copy of his date of birth as recorded in the registers of a municipality, local authority or Panchayat or Registrar of Births; or (c) a copy of Aadhaar, if agreed by the worker; and (d) in the absence of either of the aforesaid three categories of certificate, the employer or the officer authorised by him in this behalf may require the worker to supply, a certificate from a Government Medical Officer not below the rank of an Assistant Surgeon indicating the probable age of the worker: Provided that the cost of obtaining such certificate is borne by....
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....to another or from one industrial establishment to another under the same employer: Provided that the wages, grade, continuity of service and other conditions of service of the worker shall not be adversely affected by such transfer: Provided further that a worker shall be transferred from one job to another, which he is capable of doing: Provided also that where the transfer involves moving from one State to another such transfer shall take place, either with the consent of the worker or where there is a specific provision to that effect in the letter of appointment and transfer policy in accordance with such provision and policy: Provided also that unless - (a) reasonable notice is given to such worker, and (b) reasonable joining time is allowed in case of transfers from one station to another and the worker concerned shall be paid traveling allowance including the transport charges and fifty per cent thereof to meet incidental charges, such transfer shall not be effected. 17. Medical aid in case of accidents .- (1) Where a worker meets with an accident in the course of or arising out of his employment, the employer shall, at the employer's expense, make sati....
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.... of the industrial establishment to any unauthorized person, company or corporation without 143 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण the written permission of the employer. Disciplinary action may be taken against a worker if he does not comply with the provisions in this paragraph and such a conduct on the part of the worker shall amount to misconduct within the meaning of these Standing Orders. 20. Exclusive Service .- A worker shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the industrial establishment, which may adversely affect the interest of his employer, but, the employer may permit him to take up additional job, assignment with conditions or without conditions and the worker shall obtain prior permission of the employer. 21. Stoppage of work. - (1) The employer may, at any time, in the event of fire, catastrophe, break-down of machinery or stoppage of power supply, disaster, pandemic, epidemics, c....
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....isions of the Industrial Relations Code, 2020 (35 of 2020) and the rules framed thereunder, for terminating employment of a permanent worker, prior notice of one month shall be given or the worker shall be paid wages in lieu of such notice period and in case of remaining workers as specified in sub-paragraph (3), the notice period shall be regulated as provided in that sub-paragraph. (2) No temporary worker whether monthly rated, weekly rated or piece rated, and no probationer or badli or fixed term employment or casual worker as a result of non-renewal of contract or employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated: Provided that the services of a temporary worker shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner specified in this behalf under these standing orders. (3) Where the employment of any worker is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated. 23. Disciplinary action for....
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....the employment; (n) leaving work without permission or sufficient reason; (o) threatening, abusing or assaulting any superior or co-worker; (p) preaching of, or inciting to, violence; (q) abetment of or attempt to abetment of any of the aforesaid acts of misconduct; (r) going on illegal strike either singly or with other workers without giving 14 day's previous notice; (s) disclosing to any unauthorized person of any confidential information in regard to the working or process of the industrial establishment which may come into the possession of the worker in the course of his work; (t) refusal to accept any charge-sheet or order or notice communicated in writing; (u) failure or refusal to wear or use any protective equipment given by the employers; (v) claiming false bill for reimbursement; and (w) "sexual harassment" as defined in clause (n) of section 2 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) and includes the circumstances specified in sub-section (2) of section 3 of the said Act. Note :- The words defined in the Bharatiya Nyaya Sanhita, 2023 and used in this sub-paragraph shal....
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....of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period: Provided also that in the case of a worker to whom the provisions of clause (2) of article 311 of the Constitution apply, the provisions of that article shall be complied with. (f) If on the conclusion of the inquiry, or as the case may be, or the criminal proceedings, the worker has been found not to be guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period. (g) The payment of subsistence allowance under this sub-paragraph shall be subject to the worker concerned not taking up any employment during the period of suspension. (5) In awarding punishment under sub-paragraph (4), the authority imposing the punishment shall take into account any gravity of the misconduct, the previous record, if any, of the worker and any other extenuating or ....
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....oyer. In addition, for resolution of disputes arising out of individual grievances, an application in respect of such dispute may be filed before the Grievance Redressal Committee by any aggrieved worker in the manner as provided under the Industrial Relations Code, 2020 and the rules framed thereunder within one year from the date on which the cause of action of such dispute arises. 25. Liability of Employer and Workers .- The employer of the industrial establishment shall be responsible for the proper and faithful observance of the Standing Orders. The workers shall also observe the Standing Orders truly and faithfully. 26. Forwarding of information to the certifying officer under sub-section (3) of section 30 on adoption of model standing order by an industrial establishment .- (1) If the employer adopts the model standing order of the Central Government referred to in section 29 of the Industrial Relations Code, 2020 (35 of 2020), he shall intimate the 146 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] concerned certifying officer electronically the specific date from which the provisions of the model standing orders have been adopted. (2) The mod....
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....8) Notice of discontinuance/re -starting of a shift working to be given by the /an employer. Name of employer .. Address. Date the day of 20 In accordance with Standing Order No ......... .of the Standing Orders certified and approved in respect of my/our industrial establishment, I/we hereby give notice to all concerned that it is my/our intention to discontinue/restart the shift working specified in the Annexure with effect from .. Signature .. ..... ..... Designation. Annexure (here specify the particulars of change in the shift working proposed to be effected). Copy forwarded to :- (1) The Secretary of registered trade union, if any. (2) The Assistant Labour Commissioner (Central) (3) The Regional Labour Commissioner (Central) Zone. (4) The Chief Labour Commissioner (Central), New Delhi.] Note: The notice should be sent by speed post or registered post or on the designated email of the endorsee. 148 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] Form (ii) (See Model Standing Order No. 13) Service Card Name of Estt. / Factory Identity Badge No. /Token No. 1. Register Serial No 2. Name 3. P....
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....) 'Habitual' means with respect to indiscipline, a worker shall be habitual if the worker commits any misconduct three or more times in preceding twelve months; and (e) "Standing Order" with its grammatical variation and cognate expressions, means the standing order of these model standing orders. (2) The words or expressions used in these model standing orders and not defined therein but defined in the Industrial Relations Code, 2020 (35 of 2020) shall have the respective meanings assigned to them in the definitions in the Code. 2. (1) Classification of Worker .- For the purposes of these standing orders, the workers are classified as below, namely :- (a) Permanent; (b) Temporary; (c) Apprentices; (d) Probationers; (e) Badlis; (h) Fixed Term Employment; and (i) Casual (2) A 'Permanent worker' is a worker who has been engaged on a permanent basis in an industrial establishment and includes any person who has satisfactorily completed a probationary period of six months in the same or another occupation in the industrial establishment including breaks due to sickness, accident, leave, lockout, strike (not being an illegal strike) or involuntary closur....
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....in the meaning of "retrenchment“ as defined under clause (zh) of section 2 of the Industrial Relations Code, 2020 (35 of 2020). (8) "Casual" worker is a worker who has been either engaged for work which is of an essentially casual nature or whose employment is of a casual nature. 3. Identity Badge or Card .- (1) All workers belonging to any categories under the-Industrial Relations Code, 2020 (35 of 2020) shall be issued an identity badge or card bearing his full name, designation, employee number, blood group, contact number, emergency contact person and his number, and a recent photograph. (2) A worker should always wear his identity badge or card during the working hours of the industrial establishment and produce the same to the authorized security guard or personnel to allow him the right of entry and stay in the premises of the industrial establishment. (3) Such identity badge shall not be transferable to any other persons or workers. Safe custody of the identity badges or cards shall be ensured by the concerned workers. (4) Every worker, who ceases to be in employment of the industrial establishment or is suspended from services, shall surrender his iden....
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....the closing of the shift is under an agreement with the workers affected or mutually agreed between employer and worker. If as a result of the discontinuance of the shift working, any worker is to be retrenched, such retrenchment shall be effected in accordance with the provisions of the Industrial Relations Code, 2020 (35 of 2020) and the rules made thereunder. If shift working is re-started, the workers shall be given notice and re-employed in accordance with the provisions of the said Code and the said rules. (2) Whenever an additional shift is started, or shifts are restarted or discontinued or altered, twenty- one days prior notice, shall be given to the affected workers: Provided that no notice shall be required in case of emergent situation which requires change of shift or shift working, otherwise than in accordance with Standing Order, in consultation with Grievance Redressal Committee in pursuant of clause (c) section 40 of the Industrial Relations Code, 2020 (35 of 2020): Provided further that if there is an agreement between employer and worker regarding change of shift, then no prior notice is required to given by the management/employer. 152 THE GAZETTE....
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....ger or the Officer authorized in this behalf. (8) A worker who comes late and remains absent will be liable to deduction of wages as provided under the Code on Wages, 2019 (29 of 2019). 11. Leave .- (1) Holidays with pay will be allowed as provided for in the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020), and other holidays in accordance with law, contract, custom and usage applicable. (2) Leave cannot be claimed as matter of right. (3) A worker who desires to obtain leave of absence shall apply to the employer or any other officer of the industrial establishment specified in this behalf by the employer at least seven days in advance from the date of proposed date of leave. The employer or any other officer of the industrial establishment, who is responsible for issuing the order, shall issue the same within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier. If the leave has been applied and the leave is to commence on the date of the application or within three days thereof, then the worker shall mention the reason for late submission of application for leave. The order on such lea....
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.... shall pay the wages only by cheque or by crediting the wages in his bank account if specified through notification by appropriate government, under the Code on Wages, 2019 (3) Where a worker has been - (i) removed or dismissed from service; or (ii) retrenched or has resigned from service, or became unemployed due to closure of the establishment, the wages payable to him shall be paid within two working days of his removal, dismissal, retrenchment or his resignation, as the case may be. (4) Every employer shall issue wage slips to the worker in such form and manner as prescribed in Code on Wages, 2019. (5) There shall be no deductions from the wages of the worker, except those as are authorized under the Code on Wages, 2019. (6) All fines and all realisations from the wages of the worker shall be carried out in accordance with the section 19 of the Code on Wages, 2019. (7) Notice specifying wage period and payment date shall be exhibited on the notice board or electronic board and on the Human Resource portal/IT Application in Hindi, English and regional language familiar to the majority of workers. 14. Service Record .- (1) Matters relating to service card,....
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.... 154 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY Provided that the cost of obtaining such certificate is borne by the employer; (v) where it is not practicable to obtain a certificate from a Government Medical Officer, an affidavit sworn, either by the workman or his parents, or by a near relative, who is in a position to know about the workman's actual or approximate date of birth, before a first Class Magistrate or Oath Commissioner, as evidence in support of the date of birth given by him. (2) The date of birth of a worker, once entered in the service card of the industrial establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of the date of his retirement from the service of the industrial establishment. All formalities regarding recording of the date of birth shall be finalized within three months of the date of the appointment of a worker. (3) Cases, where date of birth of any worker had already been decided before the date these standing orders come into force shall not be reopened under these standing orders. Note .- Where the exact date of birth of a worker is not avail....
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....any other assignment, team, department or office (whether in India or abroad) of the employer or any affiliates / client of the employer. 18. Medical aid in case of accidents .- (1) Where a worker meets with an accident in the course of or arising out of his employment, the employer shall, at the employer's expense, make satisfactory arrangements for immediate and necessary medical aid to the injured worker and shall arrange for his further treatment, if considered necessary by the doctor attending on him. (2) Wherever the worker is entitled for treatment and benefits under the Social Security Code, 2020 (36 of 2020), then, he shall be entitled for treatment and benefits under that Code. 19. Medical Examination .- (1) Wherever the recruitment rule or any contract of appointment or Fixed Term Employment specify medical examination of a worker, on his first appointment, the employer shall at the employer's expense make arrangements for medical examination. (2) All workers to be employed in the industrial establishment shall be required to clear the medical examination by the Medical Authority nominated by the industrial establishment for such purpose, at the time of first....
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.... permit him to take up additional job, assignment with conditions or without conditions and the worker shall obtain prior permission of the employer. 22. Stoppage of work. - (1) The employer may, at any time, in the event of fire, catastrophe, break-down of machinery or stoppage of power supply, disaster, pandemic, epidemics, civil commotion or other cause beyond his control , stop any section or sections of the industrial establishment, wholly or partially for any period or periods without notice. (2) In the event of such stoppage during working hours, the workers affected shall be notified by notices put upon the notice board or electronic notice board or on the Human Resource Portal/IT application or through any other electronic medium of the industrial establishment, if any, as soon as practicable, when the work will be resumed and whether they are to remain or leave their place of work. The worker shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the worker so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the ....
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.... against him in the manner specified in this behalf under these standing orders. 156 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] (3) Where the employment of any worker is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated. 24. Disciplinary action for misconduct .- (1) A worker may be suspended by the employer pending investigation or enquiry into complaints or charges of misconduct against him. Such investigation or enquiry, or where there is an investigation followed by enquiry, both the investigation and enquiry shall be ordinarily completed within ninety days from the date of suspension. The worker shall be paid subsistence allowance during the period of suspension which shall be subject to the worker not taking any employment elsewhere during the period of suspension. (2) The amount of subsistence allowance payable to such worker shall be as under, namely :- (a) at the rate of fifty percent of wages which the worker was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and ....
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....s of any IT system, computer network of the employer/ customer/client. (x) "sexual harassment" as defined in clause (n) of section 2 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) and includes the circumstances specified in sub-section (2) of section 3 of the said Act. Note :- The words defined in the Indian Penal Code (45 of 1860) and used in this sub-paragraph shall have the same meaning as defined in such Code. 157 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (4) (a) Where a disciplinary proceeding against a worker is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the worker under suspension, he may, by order in writing, suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the worker within a week from the ....
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....ce allowance paid to him for such period. (g) The payment of subsistence allowance under this sub-paragraph shall be subject to the worker concerned not taking up any employment during the period of suspension. (5) In awarding punishment under sub-paragraph (4), the authority imposing the punishment shall take into account any gravity of the misconduct, the previous record, if any, of the worker and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the worker concerned. (6) (a) A worker aggrieved by an order imposing punishment under sub-paragraph (4) may within twenty-one days from the date of receipt of the order, appeal to the appellate authority specified under clause (b). (b) The employer shall, for the purposes of Clause (a) specify the appellate authority. (c) The appellate authority, after giving an opportunity to the worker of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the worker in writing: Provided that where there is a complaint of sexual harassment the internal comp....
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....r sub-section (3) of section 30 on adoption of model standing order by an industrial establishment .- (1) If the employer adopts the model standing order of the Central Government referred to in section 29 of the Industrial Relations Code, 2020 (35 of 2020), he shall intimate the concerned certifying officer electronically the specific date from which the provisions of the model standing orders have been adopted. (2) The model standing order adopted under sub-paragraph (1) in respect of an industrial establishment shall also be applicable to all other industrial units of the establishment irrespective of location. (3) On receipt of information under sub-paragraph (1), the certifying officer shall enter the details of the industrial establishment who has adopted the Model Standing Order in the register maintained under rule 15 of the Industrial Relations (Central) Rules, 2020. In the event, the certifying officer observes that the industrial establishment which has intimated adoption of Model Standing Order is also engaged in activities other than for which Model Standing Order has been adopted then, he shall within a period of thirty days from such receipt of intimation of Mo....