The Labour and Employment Department of Gujarat on October 05, 2021 has issued the Industrial Relations (Gujarat) Rules, 2021.
The important provisions of the rules are as followed:
Constitution of Works Committee etc. under section 3.- (1) Every employer to whom an order made under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee in the manner as is specified in the following sub-rules: -
(2) The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment:
Provided that the total number of members of the Works Committee shall not exceed twenty:
Provided further that the number of representatives of the worker in the Works Committee shall not be less than the number of representatives of the employer therein.
(3) Subject to the provisions of this rule, the representatives of the employer in the Works Committee shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with, or associated with, the working of the industrial establishment.
(4) (a) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union.
(b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Deputy Registrar as appointed for respective jurisdiction under section 5 (1) of the Code, who shall, after hearing the parties, shall decide the matter and his decision shall be final.
(5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker’s representative on the Committee in two following groups, namely: -
(a) registered Trade Union may choose their representatives as members for works committee in the proportion of their membership.
(b) where there is no registered Trade union, workers may choose amongst themselves representatives for works committee.
(6) (a) The Works Committee shall have among its office-bearers a Chairman, a Vice- Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-Secretary shall be elected every year.
(b) the Chairman shall be nominated by the employer from amongst the employer’s representatives on the Works Committee and he shall, as far as possible, be the head of the industrial establishment;
(c) the Vice-Chairman shall be elected by the members, on the Works Committee representing the workers, from amongst themselves:
Provided that in the event of equality of votes in the election of the Vice- Chairman, the matter shall be decided by draw of a lot.
(d) the Works Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the worker and vice versa:
Provided that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the worker for two consecutive years:
Provided that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be, from amongst the representatives of the worker and only the representatives of the worker shall be entitled to vote in such elections.
(e) In any election under clause (d), in the event of equal votes, the matter shall be decided by a draw of lot.
(7) (a) the term of office of the representatives on the Works Committee other than a member chosen to fill a casual vacancy shall be two years;
(b) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor;
(c) A member who without obtaining leaves from the Works Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership.
(8) In the event of worker’s representative ceasing to be a member under clause (c) of sub- rule (7) or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged.
(9) The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Works Committee.
(10) (a) the Works Committee may meet as often as necessary but not less often than once in three months.
(b) the Works Committee shall at its first meeting regulate its own procedure.
(11) (a) the employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the worker shall be deemed to be on duty while attending the meeting;
(b) the Secretary of the Works Committee may with the prior concurrence of the Chairman, put up notice regarding the work of the Works Committee on the notice board of the industrial establishment.
• Manner of filing application for the conciliation of grievance as against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4.- Any worker who is aggrieved by the decision of the Grievance Redressal Committee or whose grievance is not resolved by the said Committee within thirty days of receipt of the application, may file an application through Portal of the Commissioner/Director of Labour as mentioned on website of the same or by registered post or speed post or personally within a period of sixty days from the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub- section (6) of section 4 expires, as the case may be, to the conciliation officer as appointed for respective jurisdiction under section 2(i) of the Code through the Trade Union, of which he is a member or otherwise:
Provided that in case of manual receipt of such application through registered post or speed post, the conciliation officer shall get the same digitized and enter the particulars of the application in the online mechanism under intimation to the concerned worker.
• Manner of disposal of appeal by appellate authority under section 32.- (1) An employer or Trade Union desirous of preferring an appeal against the order of the certifying officer given under sub-section (5) of section 30 shall within sixty days of the receipt of such order shall draw up a memorandum of appeal in tabular form stating therein the provisions of the standing orders which are required to be altered or modified or deleted or added and reasons thereof and shall be filed electronically to the appellate authority.
(2) The appellate authority shall fix a date for the hearing of the appeal and direct notice to be given –
(a.) where the appeal is filed by the employer or a worker, to Trade Union of the workers of the industrial establishment or to the representative body of the workers concerned or to the employer, as the case may be;
(b.) where the appeal is filed by a Trade Union, to the employer and all other Trade Unions of the workers of the industrial establishment; and
(c.) where the appeal is filed by the representative of the workers, to the employer and any other worker whom the appellate authority joins as a party to the appeal.
(3) The appellant shall furnish each of the respondents with a copy of the memorandum of the appeal.
(4) The appellate authority may at any stage of the proceeding call for any evidence, if it considers necessary for the disposal of the appeal.
(5) On the date fixed under sub-rule (2) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called or consider to be relevant if produced and after hearing the parties dispose of the appeal.
• Register for final certified copy of Standing Order under section 34.- (1) The certifying officer shall maintain electronically, a register of all standing orders certified or deemed to have been certified or adopted model standing orders of all the concerned industrial establishments, inter- alia, containing the details of –
(a.) the unique number assigned to each standing order;
(b.) name of industrial establishment;
(c.) nature of industrial establishment;
(d.) date of certification or deemed certification or date of adoption of model standing order by each establishment or undertaking;
(e.) the areas of the operation of the industrial establishment; and
(f.) such other details as may be relevant and helpful in retrieving the standing orders and create a data base of such of all standing orders.
(2) The certifying officer shall furnish a copy of the certified standing orders or deemed certifying orders to any person applying there for on payment of two rupees per page of the certified standing orders or deemed certified standing orders, as the case may be. The payment for such purpose can also be made through electronic mode.
• Number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given and the manner of giving such notice under sub-section (4) of section 62. - The notice of strike referred to in sub-section (1) of section 62 shall be given to the employer of an industrial establishment in FORM-VI which shall be duly signed by the Secretary and five elected representatives of the registered Trade Union relating to such industrial establishment endorsing the copy thereof electronically or otherwise to the concerned conciliation officer and the Commissioner/Director of Labour.
• Manner of serving notice before retrenchment of the worker under clause (c) of section 70.- If any employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him then, such employer shall give notice of such retrenchment, in FORM-VIII to the State Government, and the concerned Deputy Commissioner of Labour as appointed by State Government for respective jurisdiction through electronically, personally or, by registered or speed post.
• Manner of utilization of fund under sub-section (3) of section 83.- Every employer who has retrenched a worker or workers under this Code, shall, within ten days, at the time of retrenching a worker or workers shall electronically transfer an amount equivalent to fifteen days of last drawn wages of such retrenched worker or workers in the account (name of the account shall be displayed on the website of the Labour and Employment Department and Commissioner/Director of Labour to be maintained by the State Government. The fund so received shall be transferred by the State Government to each worker or workers’ account electronically within forty-five days of receipt of funds from the employer and the worker shall utilize such amount for his re-skilling. The employer shall also submit the list containing the name of each worker retrenched the amount equivalent to fifteen days of wages last drawn in respect of each worker along with their bank account details to enable the State Government to transfer the amount in their respective account.
• Protected workers under sub-section (3) and (4) of section 90. —
(1) Every registered Trade Union connected with an industrial establishment, to which the Code applies, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of the Union who are employed in that establishment and who, in the opinion of the Union should be recognised as ―protected workers. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.
(2) The employer shall, subject to sub-section (3) and sub-section (4) of section 90, recognise such workers to be ―protected worker for the purposes of section 90 and communicate to the Union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workers recognised as protected workers for the period of twelve months from the date of such communication.
(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers, admissible for the industrial establishment, under sub- section (4) of section (90), the employer shall recognise as protected workers only such maximum number of workers:
Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Unions that the numbers of recognised protected workers in individual Unions bear practicably by the same proportion to one another as the membership figures of the Unions. The employer shall in that case intimate in writing to the President or the Secretary of the each concerned Union the number of protected workers allotted to it:
Provided further that where the number of protected workers allotted to a Union under this sub-rule falls short of the number of officers of the Union seeking protection, the union shall be entitled to select the officers to be recognised as protected workers. Such selection shall be made by the Union and communicated to the employer within five days of the receipt of the employer’s letter in this regard.
(4) When a dispute arises between an employer and any registered Trade Union in any matter connected with the recognition of “protected workers” under this rule, the dispute shall be referred to the Assistant Commissioner of Labour concerned, whose decision thereon shall be final.
• Manner of making complaint by an aggrieved worker under section 91.- (1) Every complaint under section 91 of the Code shall be made electronically, personally or by registered post or speed post in FORM-XI and shall be accompanied by as many copies as there are opposite parties mentioned in the complaint.
(2) Every complaint under sub-rule (1) shall be verified by the worker making the complaint or by authorized representative of the worker proved to the satisfaction of the conciliation officer, arbitrator, Industrial Tribunal, to be acquainted with the facts of the case.
• Form of application for withdrawal or cancellation under sub-section (5) of section 9. - (1) Every application by a Trade Union for withdrawal or cancellation of its certificate of registration shall be sent, electronically or otherwise to the Registrar in FORM XV.
(2) The Registrar on receiving an application for withdrawal or cancellation of registration shall, before granting the application, verify that the application was approved, in a general meeting of the Trade Union or if it was not so approved, that it has the approval of a majority of the members of the Trade Union. For this purpose, the Registrar may call for such further particulars as he may deem necessary and may examine any office bearer of the Union.
• Annual returns under section 26. - The annual return to be furnished under section 26 shall be submitted to the Registrar, electronically or otherwise by the 30th day of April in each year and shall be in FORM XXI.
• Maintenance of account books by registered Trade Unions. - Every registered Trade Union shall maintain the following books and registers to facilitate the audit of its accounts, namely –
(a.) register of membership and subscription;
(b.) register of receipts and disbursements of the general fund accounts;
(c.) minutes books to record the proceeding of all the meetings;
(d.) register of stocks, tools, and plant to show the furniture, fitting and valuable documents relating to the immovable property of the Trade Union;
Audit of Political fund. - The audit of the political funds of a registered Trade Union shall be carried out along with the audit of the general account of the Trade Union and by the same auditor or auditors.
(e.) register of receipts and disbursements for the political fund (if there is a political fund); and
(f.) a file of vouchers serially arranged;
(g.) Machine numbered subscription receipt book.
• Constitution of a separate fund for political purposes.- (1) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the Trade Union or any office-bearer or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.
(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortuous act done in contemplation or furtherance of a trade dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union.
[Notification No KHR-2021-129-IDA-122020-539471-M(2)]
