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Odisha Coal and Mines Workers Federation

BILL NO. 120 OF 2020 LOK SABHA INTRODUCTORY VERSION
PARLIAMENTARY CODIFICATION MATRICES

THE INDUSTRIAL RELATIONS CODE, 2020

A Bill to consolidate and amend the laws relating to Trade Unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes and for matters connected therewith or incidental thereto.

1. Systematic Arrangement of Chapters and Clauses

CHAPTER I: PRELIMINARY

  • 1. Short title, extent and commencement.
  • 2. Definitions.

CHAPTER II: BI-PARTITE FORUMS

  • 3. Works Committee.
  • 4. Grievance Redressal Committee.

CHAPTER III: TRADE UNIONS

  • 5. Registrar of Trade Unions.
  • 6. Criteria for registration.
  • 7. Provisions to be contained in constitution or rules of Trade Union.
  • 8. Application for registration, alteration of name and procedure thereof.
  • 9. Registration of Trade Union and cancellation thereof.
  • 10. Appeal against non-registration or cancellation of registration.
  • 11. Communication to Trade Union and change in its registration particulars.
  • 12. Incorporation of a registered Trade Union.
  • 13. Certain Acts not to apply to registered Trade Unions.
  • 14. Recognition of negotiating union or negotiating council.
  • 15. Objects of general fund, composition of separate fund and membership fee of Trade Union.
  • 16. Immunity from civil suit in certain cases.
  • 17. Criminal conspiracy in furtherance of objects of Trade Union.
  • 18. Enforceability of agreements.
  • 19. Right to inspect books of Trade Union.
  • 20. Rights of minor to membership of Trade Union.
  • 21. Disqualification of office-bearers of Trade Unions.
  • 22. Adjudication of disputes of Trade Unions.
  • 23. Proportion of office-bearers to be connected with industry.
  • 24. Change of name, amalgamation, notice of change and its effect.
  • 25. Dissolution.
  • 26. Annual returns.
  • 27. Recognition of Trade Unions at Central and State level.

CHAPTER IV: STANDING ORDERS

  • 28. Application of this Chapter.
  • 29. Making of model standing orders by Central Government and temporary application.
  • 30. Preparation of draft standing orders by employer and procedure for certification.
  • 31. Certifying officers and appellate authority to have powers of civil court.
  • 32. Appeals.
  • 33. Date of operation of standing orders and its availability.
  • 34. Register of standing orders.
  • 35. Duration and modification of standing orders.
  • 36. Oral evidence in contradiction of standing orders not admissible.
  • 37. Interpretation, etc., of standing orders.
  • 38. Time limit for completing disciplinary proceedings and liability to pay subsistence allowance.
  • 39. Power to exempt.

CHAPTER V: NOTICE OF CHANGE

  • 40. Notice of change.
  • 41. Power of appropriate Government to exempt.

CHAPTER VI: VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION

  • 42. Voluntary reference of disputes to arbitration.

CHAPTER VII: MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES

  • 43. Conciliation officers.
  • 44. Industrial Tribunal.
  • 45. Finality of constitution of Tribunal.
  • 46. National Industrial Tribunal.
  • 47. Decision of Tribunal or National Industrial Tribunal.
  • 48. Disqualifications for members of Tribunal and National Industrial Tribunal.
  • 49. Procedure and powers of arbitrator, conciliation officer, Tribunal and National Industrial Tribunal.
  • 50. Powers of Tribunal and National Industrial Tribunal to give appropriate relief in case of discharge or dismissal of worker.
  • 51. Transfer of pending cases.
  • 52. Adjustment of services of presiding officers under repealed Act.
  • 53. Conciliation and adjudication of dispute.
  • 54. Reference to and functions of National Industrial Tribunal.
  • 55. Form of award, its communication and commencement.
  • 56. Payment of full wages to worker pending proceedings in higher Courts.
  • 57. Persons on whom settlements and awards are binding.
  • 58. Period of operation of settlements and awards.
  • 59. Recovery of money due from employer.
  • 60. Commencement and conclusion of proceedings.
  • 61. Certain matters to be kept confidential.

CHAPTER VIII: STRIKES AND LOCK-OUTS

  • 62. Prohibition of strikes and lock-outs.
  • 63. Illegal strikes and lock-outs.
  • 64. Prohibition of financial aid to illegal strikes or lock-outs.

CHAPTER IX: LAY-OFF, RETRENCHMENT AND CLOSURE

  • 65. Application of sections 67 to 69.
  • 66. Definition of continuous service.
  • 67. Rights of workers laid-off for compensation, etc.
  • 68. Duty of an employer to maintain muster rolls of workers.
  • 69. Workers not entitled for compensation in certain cases.
  • 70. Conditions precedent to retrenchment of workers.
  • 71. Procedure for retrenchment.
  • 72. Re-employment of retrenched worker.
  • 73. Compensation to workers in case of transfer of establishment.
  • 74. Sixty days' notice to be given of intention to close down any undertaking.
  • 75. Compensation to workers in case of closing down of undertakings.
  • 76. Effect of laws inconsistent with this Chapter.

CHAPTER X: SPECIAL PROVISIONS (LAY-OFF, RETRENCHMENT, CLOSURE)

  • 77. Application of this Chapter.
  • 78. Prohibition of lay-off.
  • 79. Conditions precedent to retrenchment of workers to which Chapter X applies.
  • 80. Procedure for closing down an industrial establishment.
  • 81. Duty of an employer to maintain muster rolls of workers.
  • 82. Certain provisions of Chapter IX to apply to industrial establishment to which this Chapter applies.

CHAPTER XI: WORKER RE-SKILLING FUND

  • 83. Worker re-skilling fund.

CHAPTER XII: UNFAIR LABOUR PRACTICES

  • 84. Prohibition of unfair labour practice.

CHAPTER XIII: OFFENCES AND PENALTIES

  • 85. Power of officers of appropriate Government to impose penalty in certain cases.
  • 86. Penalties.
  • 87. Cognizance of offences.
  • 88. Offences by companies.
  • 89. Composition of offences.

CHAPTER XIV: MISCELLANEOUS

  • 90. Conditions of service to remain unchanged under certain circumstances during pendency of proceedings.
  • 91. Special provision for adjudication as to whether conditions of service changed during pendency of proceedings.
  • 92. Power to transfer certain proceedings.
  • 93. Protection of persons.
  • 94. Representation of parties.
  • 95. Removal of doubts in interpretation of award or settlement.
  • 96. Power to exempt.
  • 97. Jurisdiction of civil courts barred.
  • 98. Protection of action taken in good faith.
  • 99. Power of appropriate Government to make rules.
  • 100. Delegation of powers.
  • 101. Power to amend Schedules.
  • 102. Amendment of Act 7 of 2017.
  • 103. Power to remove difficulties.
  • 104. Repeal and savings.