Labour Law Notes

Industrial Relations Code, 2020 – Dispute Resolution, Strikes & Labor Provisions (Chapters VII-XIII)

This module provides an in-depth study of industrial dispute resolution and related labor provisions under the Industrial Relations Code, 2020, covering key sections and practical application.

1. Voluntary Reference of Disputes to Arbitration (Section 42)

• Explains the mechanism where parties can voluntarily submit industrial disputes to arbitration.

• Covers procedure, consent requirements, and enforceability of arbitral awards.

2. Mechanism for Resolution of Industrial Disputes (Section 43, Chapter VII)

Focuses on the multi-tiered approach to resolving industrial disputes:

• Conciliation Officers: Powers, duties, and role in mediating disputes.

• Industrial Tribunals: Composition, powers, and functions for adjudication of disputes.

• National Industrial Tribunals: Jurisdiction over major disputes of national importance.

• Arbitrator, Tribunal & Conciliation Officer Procedures: Powers, evidence, and decision-making processes.

3. Strikes and Lockouts (Sections 62–64, Chapter VIII)

• Legal framework governing strikes and lockouts in industrial establishments.

• Conditions, notice requirements, and consequences for illegal strikes/lockouts.

4. Lay-Off, Retrenchment, and Closure (Sections 65–76)

• Rights of workers in cases of lay-off, retrenchment, or closure.

• Employer obligations for compensation, notice, and retrenchment procedures.

• Legal safeguards and exceptions.

5. Workers’ Re-skilling Fund (Section 83, Chapter XI)

• Purpose and operation of the fund to re-skill laid-off workers.

• Contributions, utilization, and benefits for affected employees.

6. Unfair Labor Practices (Section 84, Chapter XII)

• Definition and examples of unfair labor practices by employers or trade unions.

• Mechanisms to prevent and penalize violations.

7. Offences and Penalties (Chapter XIII)

• Overview of penalties for contravention of provisions under the Code.

• Enforcement procedures and legal consequences for non-compliance.