Overview
Applicability
Key Compliance Areas
Trade union registration
Employers and workers should understand the statutory framework governing
registration, functioning and compliance requirements of trade unions.
Negotiating union / negotiating council
The Code provides a framework for determining the recognised negotiating union or negotiating council for collective representation and negotiations with the employer.
Grievance Redressal Committee
Where applicable, employers must establish a Grievance Redressal Committee to address individual grievances of workers through a structured internal mechanism.
Service conditions
Employers should clearly define and administer terms and conditions of employment, including applicable service rules, working conditions and other employment related matters.
Domestic enquiries
Where disciplinary action is contemplated for alleged misconduct, employers should conduct a fair and properly documented domestic enquiry in accordance with applicable service rules and principles of natural justice.
Strikes and lock-outs
Employers and workers must comply with the statutory requirements governing strikes and lock-outs, including applicable notice and procedural requirements.
Retrenchment
Retrenchment of workers must be carried out in accordance with the prescribed statutory conditions, procedures, notices and compensation requirements, wherever applicable.
Industrial disputes
Employers should have appropriate systems for preventing, managing and resolving industrial disputes relating to employment, service conditions and other matters covered by the Code.
Worker re-skilling obligations
The Code provides for a worker re-skilling framework in connection with retrenched workers, subject to the applicable statutory provisions.
Recognition and representation of trade unions
Employers should follow the statutory framework governing trade-union recognition, representation and collective bargaining, where applicable.
Standing Orders
Covered industrial establishments must comply with the applicable requirements relating to Standing Orders, including service conditions, classification of workers, misconduct and disciplinary procedures.
Workplace grievance management
Employers should establish effective mechanisms for receiving, investigating and resolving employee and worker grievances in a timely and documented manner.
Misconduct and disciplinary proceedings
Employers should clearly define misconduct and disciplinary rules and ensure that disciplinary action follows the applicable service rules and prescribed procedure.
Suspension and disciplinary action
Suspension and other disciplinary measures should be imposed only in accordance with the applicable service rules and statutory requirements, with proper documentation throughout the process.
Lay-off
Where applicable, employers must comply with statutory requirements relating to layoff, including applicable conditions, notices, permissions and compensation requirements.
Closure of establishments
Employers intending to close an establishment must comply with the applicable
statutory procedure, notice, permission and worker-related obligations.
Conciliation and dispute resolution
Employers should participate appropriately in conciliation and other statutory dispute resolution mechanisms and maintain proper documentation of proceedings and settlements.
Statutory notices and records
Employers should maintain prescribed notices, registers, records, agreements and other statutory documents and produce them before the competent authority whenever required.
