Government notifies draft rules- Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021

The Central Government has issued a Notification publishing the draft Rules – Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021, proposing rules under Industrial Relations Code, 2020. Following rules have been introduced:

 

  • Rule 3 specifies the matters for negotiation with employer in an industrial establishment having registered trade union for negotiating on behalf of the workers employed under sub-section (1) of section 14 such as- classification of grades and categories of workers; order passed by an employer under the standing orders applicable in the industrial establishment; wages of the workers; leave with wages and holidays; promotion and transfer policy and disciplinary procedures; quarter allotment policy; safety, health and working conditions related standards; such other matter pertaining to conditions of service, terms of employment which are not covered in the foregoing clauses; and any other matter which is agreed between employer of the industrial establishment and negotiating union or council.
  • Rule 4 specifies that where there is only one registered Trade Union operating in an industrial establishment having its members not less than thirty percent of the total workers employed in the industrial establishment, then, the employer of such industrial establishment shall recognize such Trade Union as sole negotiating union of the workers.
  • Rule 5 enumerates the manner of verification of membership of Trade Unions in an industrial establishment under sub-sections (3) and (4) of section 14. Rule 6 states the criteria for verification of membership of Trade Unions through secret ballot. Rule 7 states the verification report of the membership of trade union to be sent to the employer of industrial establishment.
  • Rule 8 enumerates criteria for recognition of Trade Union as negotiating union or constituents of negotiation council.
  • Rule 9 lists the facilities to be provided by industrial establishment to a negotiating union or negotiating councils under subsection (7) of section 14.
  • Rule 10 specifies the manner for dispute resolution, wherein the aggrieved person may make application to the Tribunal having jurisdiction, in Form A within a period of one year from the date on which the dispute arises, electronically or by registered post or by speed post or in person.

 

The Government has invited Objections and suggestions, if any, to be addressed to Shri Sanjeev Nanda, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No 17, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 or by e-mail – sanjeev.dom@nic.in and Dr. R.G. Meena, Deputy Chief Labour Commissioner (Central), Ministry of Labour and Employment, Room No. 506, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 or by email – deputyclc-mole@gov.in. The objections and suggestions should be sent in a proforma containing columns (i)specifying the name and address of the person or organization and column (ii) specifying the Chapter, rule or sub-rule which is proposed to be modified and column (iii) specifying the revised rule or sub-rule proposed to be substituted and column (iv) reasons.

 

*Tanvi Singh, Editorial Assistant has put this story together.

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