The Union Labour and Employment Ministry on Friday published the draft rules framed under the Industrial Relations Code, 2020, that would require firms with 300 or more workers to seek government approval for lay-offs 15 days prior to the intended action.
For retrenchment and closure, the establishments would have to apply for permission 60 days and 90 days ahead of the actions respectively. The draft rules enable employers to seek permissions and workers to submit notice for strike electronically.
The Industrial Relations Code, 2020, which was among the three labour Codes passed by Parliament in September, subsumed three laws regarding industrial disputes, trade unions and standing orders, which lists details of service conditions of employees.
The rules, for which the Ministry sought comments from the public for 30 days, would supersede the Industrial Tribunal (Procedure) Rules, 1949, the Industrial Tribunal (Central Procedure) Rules, 1954, the Industrial Disputes (Central) Rules, 1957 and the Industrial Employment (Standing Orders) Central Rules,1946.
The notice of strike would have to be signed by the secretary and five elected representatives of the registered trade union and given to the employer, with a copy sent to the Chief Labour Commissioner (Central) electronically or otherwise, the draft said.
The rules also proposed establishing a re-skilling fund for retrenched workers. Employers would have to electronically transfer an amount equal to 15 days of the last drawn wages of the retrenched workers or worker into an account maintained by the government within 10 days of the retrenchment.
“The fund so received shall be transferred by the Central Government to each worker or workers‘ account electronically within 45 days of receipt of funds from the employer and the worker shall utilize such amount for his re-skilling,” the draft said.
