The Labour Department of Andhra Pradesh on June 18, 2022 has issued the Draft Industrial Relations (Andhra Pradesh) Rules, 2022 to supersede (i) the Andhra Pradesh Trade Unions Regulations, 1927; (ii) The Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1947; and (iii) The Andhra Pradesh Industrial Disputes Rules, 1958.
The foremost provisions of the rules are as followed:
• 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 order or deemed certified standing orders, as the case may be. The payment for such purpose can also be made through electronic mode.
• The manner of giving of notice for change proposed to be effected under clause (i) of section 40.- (1) Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in (Form-II) to such worker affected by such change.
2) The notice referred in sub-rule (1) shall be displayed conspicuously by the employer on the notice board at the main entrance of the industrial establishment and the office of the concerned Manager of the industrial establishment:
Provided that where there is a registered Trade Union or registered Trade Unions relating to the industrial establishment a copy of such notice shall also be served on the Secretary of such Trade Union or each of the Secretaries of such Unions, as the case may be.
• 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, which is either a negotiating union or member Trade Union of the negotiating council relating to such industrial establishment endorsing the copy thereof electronically or otherwise to the concerned Conciliation Officer and the Commissioner of Labour.
• Manner of giving opportunity for re-employment to the an retrenched workers under section 72.-Where any vacancy occurs in an industrial establishment and there are workers of such industrial establishment retrenched within one year prior to the proposal for filling up such vacancy, then, the employer of such industrial establishment shall offer an opportunity at least Ten (10) days before by registered post or speed post and through electronically to such retrenched workers who are citizens of India. If such workers give their willingness for employment then, the employer shall give them preference over other persons in filling up of such vacancy.
• Manner of serving notice by the employer for intended closure under sub-section (1) of section 74.-If an employer intends to close down an industrial establishment he shall give notice of such closure in Form VIII to the State Government and a copy thereof to the and the concerned authority of respective jurisdiction notified by State Government electronically and by registered post or speed post.
• 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 (15) 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 workers 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 dare 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 worker:
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 (5) 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 Registrar or any authority notified by the State Government, whose decision thereon shall be final.
• Manner of making complaint by an aggrieved worker under section 91.
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.
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.
• Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94.- Where the worker is not a member of any Trade Union, then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which the worker is employed may be authorized by such worker to represent him in any proceeding under the Code relating to a dispute in which the worker is a party in Form-IV.
• Manner of authorization of employer for representing in any proceeding under sub-section (2) of section 94.-Where the employer, is not a member of any association of employers, may authorize in Form-IV an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged to represent him in any proceeding under the Code relating to a dispute in which the employer is a party.
All persons like to be affected thereby and the notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of forty five days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;
The objections and suggestions, if any, should be addressed to the Special Commissioner of Labour, Andhra Pradesh, Vijayawada through the mail address:[email protected].
Objections and suggestions, which may be received from any person or organization with respect to the said notification before expiry of the period specified above, will be considered by the State Government.
[Notification No. 963]
