Government of Gujarat issues Industrial Relations (Gujarat) Rules, 2021

The Government of Gujarat has issued the Industrial Relations (Gujarat) Rules, 2021 vide notification dated October 5, 2021. The Rules shall extend to the whole of Gujarat in respect to the industrial establishments and matters for which the Gujarat Government is the appropriate Government and shall come into the force from the commencement of the Industrial Relations Code, 2020.

 

Key provisions of the Rules are:

  • Works Committee: The works committee shall be constituted, consisting of an equal number of representatives from employer & workers side, maximum members up to 20.
  • Grievance redressal Committee: The grievance addressal committee shall consist of an equal number of representatives from employer & workers side, maximum members up to 10.
  • Standing Orders: The employer, who adopts the model standing order of the Central Government, shall intimate the concerned certifying officer electronically the specific date from which the provisions of the model standing order have been adopted. On receipt of information the certifying officer within a period of 30 days from such receipt may give his observation & if no observation is made by the certifying officer within a period of 30 days the standing order shall be deemed to have been adopted by the employer.
  • Mechanism for resolution of Industrial Dispute: Chapter VI of the Rules prescribes the mechanism for resolution of Industrial dispute.
  • Strikes and Lockouts: Chapter VII of the Rules prescribe the provision for strikes and lockouts.
  • Lay-Off, Retrenchment and Closure: Special provision with respect to lay off, retrenchment and closure are prescribed under Chapter IX of the Rules.
  • Trade Unions: Provisions for registration, maintenance of registers by the Trade Unions, subscriptions for registered Trade Union, filing of Annual Return by the registered Trade Union, annual audit of accounts of Trade Unions etc are prescribed under the Rules.
  • Key Forms under the code are-
    1. Form-I – Memorandum of settlement arrived at during conciliation/ or settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding.
    2. Form-II – Notice of change of service conditions proposed by an employer
    3. Form-III – Agreement for voluntary arbitration
    4. Form-IV – Authorization by a worker, group of worker, employer, group of employer to be represented in a proceeding before the authority under this code.
    5. Form-VI – Notice of strike to be given by union (name of union)/ group of workers.
    6. Form-VII – Notice of lock-out to be given by an employer of an industrial establishment.
    7. Form-VIII – Notice of intimation of retrenchment/ closure to be given by an employer to the state government under the provisions of chapter ix of the industrial relations code, 2020 and rules made there under.
    8. Form-IX – Application for permission of lay-off / continuation of layoff / retrenchment/ closure to be given by an employer / industrial establishment / undertaking to the state government under the provisions of chapter x of the industrial relations code, 2020 and rules made there under.
    9. Form X- Notice to the employer who committed an offence for the First time under this code, for compounding of offence under Sub-section (4) of section 89.
    10. Form XI- Complaint under section 91 of the industrial relation code, 2020
    11. Form-XII – Application for Registration of Trade Union
    12. Form-XIII – Certificate of Registration of Trade Union
    13. Form XXI- Annual Return

*Tanvi Singh, Editorial Assistant has reported this brief.

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