This code is nothing but the amalgamation of 3 different Act –
This code consists of 14 Chapters & 3 Schedules discussing the Bipartite forum, Trade unions, Standing orders, notice of change, Redressal of Industrial dispute, Strikes & Lockout, Lay off & Retrenchment, Reskilled Fund, Unfair Labour practices & offences & penalties. This Act is applicable to whole of India.
|Previous Law||New Codes|
|Industrial Disputes Act, 1947|
|Earlier the definition was known as workman. Supervisor drawing more than Rs. 1600/- p.m. excluded.||No change in Worker’s definition. However, supervisor drawing more than Rs, 18000/- p.m. excluded. definition of Working Journalist and Sales Promotion Employees added.|
|Fixed Term Employment||No definition.||“fixed term employment” means the engagement of a worker on the basis of a written contract of employment for a fixed period|
|Retrenchment||No change in the definition.|
|Work Committee||No change in this provision.|
|Grievance Redressal Committee||Some provision existed but were not in-depth||Provision for women representation added newly. Maximum number of limit is increase to 10.|
|Registration of Trade Union||Seven or more members can apply for registration.||No Trade Union of workers shall be registered unless at least 10% of the workers or 100 workers, whichever is less.|
|Recognition of negotiating union or negotiating council||No provision in the Act.||To stop exploiting the multiplicity of unions in an establishment/ organization must have a negotiating union or negotiating council.|
|Industrial Employment and Standing Order Act|
|Application for Standing Order||100 or more.||The provisions of this Chapter shall apply to every industrial establishment wherein 300 or more than 300 workers, are employed, or were employed on any day of the preceding twelve months|
|Appeal for Trade Union Forum||It used to lie with Tribunal and High Court.||Appeal against non-registration or cancellation of registration lies only before Tribunal|
|Appropriate Government||No provision in the Act.||State Govt or Central Govt as the case may be.|
|Metro Railway & Unorganised Sector||No provision in the Act.||Are incorporated in the Code.|
|Segregation of Industrial Establishment||No provision in the Act.||Allows exclusion of severable from the other unit or units of such establishment or undertaking which is not carrying on or aiding the carrying on of any such activity, such unit shall be deemed to be a separate industrial establishment or undertaking.|
|Office Bearer for Unorganised Sector||No provision in the Act.||Not more than one-third of the total number of the office-bearers or five, whichever is less.|
|Adjudication of Dispute of Trade Union||Only Civil Court||It will be by Tribunal|
|Notice of change||No provision in the Act.||21 days’ notice to be given when any change required in Third Schedule.|
|Industrial Tribunal||Only one single member in the Industrial Tribunal||consist of two members to be appointed by the appropriate Government. Out of which one shall be Judicial Member & other shall be Administrative Member.|
|Limitation for recovery of money by employer||No limitation||For one year|
|Period of Retrenched Worker||No such period provided.||One year only|
|Prohibition of strike in lockout days||14 days’ notice to be given||14 days’ notice to be given in advance which is valid upto 60 days|
|Representation of Women||1:2 as far as practicable||Representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment.|
|Workers Reskilling Fund||No provision in the Act.||The fund consists of – the contribution of the employer of an industrial establishment an amount equal to fifteen days’ wages last drawn by the worker immediately before the retrenchment. It shall be utilized by crediting fifteen days wages last drawn by the worker to his account who is retrenched, within forty-five days of such retrenchment|
|Power to Exempt||Did not exist in Industrial Dispute Act.
Existed in Industrial employment(standing orders) Act.
|Appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings that adequate provisions exist to fulfil the objects of any provision of this Code, it may, by notification, exempt, conditionally or unconditionally such establishment or undertaking or, class of establishments or undertakings from that provision of this Code.|
|Strikes and Lockouts|
|Strike||No provision in the Act.||Casual leave on a given day fifty per cent or more workers employed in an industry|
|Prohibition of strikes and lock-outs.||No person employed in an industrial establishment shall go on strike, in breach of contract- without giving to the employer notice of strike within six weeks before striking. During the pendency of proceedings before a Tribunal or a National Industrial Tribunal & seven days.||No person employed in an industrial establishment shall go on strike, in breach of contract- without giving to the employer notice of strike within sixty days before striking. During the pendency of proceedings before a Tribunal or a National Industrial Tribunal & sixty days.|
|Prior Permission for Lay off, Retrenchment and Closure in Industrial Establishment||Applied to 100 or more workers.||Applied to 300 hundred or more workers. Excludes seasonal character establishment.|
|Composition of Offences||No provision in the Act.||For a sum for a sum of fifty per cent. of the maximum fine provided for such offence punishable with fine only and for a sum of seventy-five per cent provided for such offence punishable with imprisonment for a term which is not more than one year or with fine.|
|1||An employer who contravenes the provisions of Prohibition of lay-off. or Conditions precedent to Retrenchment of workers or Procedure for closing down an industrial establishment.
|It shall be punishable with Fine Rs. 1,00,000/- to Rs. 10,00,000/- (Rs. One Lakh to Rs. Ten Lakh Only).
For repeat conviction it is
Fine Rs. 5,00,000/- to Rs. 20,00,000/- (Rs. Five Lakh to Rs. Twenty Lakh Only) or Imprisonment up to 6 Months (Six Months) or Imprisonment & Fine both.
|2||An employer who contravenes the provisions under Rights of workers laid-off for compensation (section 67) or Conditions precedent to retrenchment of workers (section 70) or Compensation to workers in case of transfer of establishment (section 73) or Compensation to workers in case of closing down of undertakings (section 75).
|Fine Rs. 50,000/- to Rs. 2,00,000/- (Rs. Fifty Thous& to Rs. Two Lakh Only).
For the second or subsequent offence
Fine Rs. 1,00,000/- to Rs. 5,00,000/- (Rs. One Lakh to Rs. Five Lakh Only) or Imprisonment up to 6 Months (Six Months) or Imprisonment & Fine both.
|3||Any person who commits any unfair labour practice as specified in the Second Schedule.||Fine Rs. 10,000/- to Rs. 2,00,000/- (Rs. Ten Thous& to Rs. Two Lakh Only).
For the second or subsequent offence Fine Rs. 50,000/- to Rs. 5,00,000/- (Rs. Fifty Thous& to Five Lakh Only) or Imprisonment up to 3 Months (Three Months) or Imprisonment & Fine both
|4||If default is made on the part of any registered Trade Union in giving any notice or sending any statement or other document as required by or under any of the provisions of this Code, every office-bearer or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such office-bearer or person, every member of the executive of the Trade Union, shall be punishable with fine which shall not be less than one thous& rupees, but which may extend to ten thous& rupees & any continuing default shall be punishable with an additional penalty of fifty rupees per day so long as the default continues.||Every member of the executive of the Trade Union, shall be punishable with –
Fine Rs. 1,000/- to Rs. 10,000/- (Rs. One Thous& to Rs. Ten Thous& Only).
Any continuing default shall be punishable with an, Additional Penalty of Rs. 50/- (Rs. Fifty Only) per day so long as the default continues.
|5||Any person who willfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by Annual Returns under Trade Union (section 26) or in or from any copy of rules or of alterations of rules sent to the Registrar under trade Union.
|Fine Rs. 2,000/- to Rs. 20,000/- (Rs. Two Thous& to Rs. Twenty Thous& Only).|
|6||Any person, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union & document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he knows is not a correct copy of such rules or alterations as are for the time being in force, gives a copy of any rules of an unregistered Trade Union to any person that such rules are the rules of a registered Trade Union.
|Fine Rs. 5,000/- to Rs. 20,000/- (Rs. Five Thous& to Rs. Twenty Thous& Only).|
|7||An employer who fails to submit draft standing orders as required under standing Orders (section 30) or who modifies his standing orders otherwise than in accordance under standing Orders (section 35).||Fine Rs. 50,000/- (Rs. Fifty Thous& to Two Lakh Only) & In the case of a continuing offence
An Additional Fine of Rs. 2,000/- (Rs. Two Thous& only) Per Day till the offence continues.
|8||An employer who does any act in contravention of the standing orders finally certified under this Code.
|Fine Rs. 1,00,000/- to Rs. 2,00,000/- (Rs. One lakh to Rs. Two Lakh Only).
For repeat conviction it is Fine Rs. 2,00,000/- to Rs. 4,00,000/- (Rs. Two Lakh to Rs. Four Lakh Only) or Imprisonment up to 3 Months (Three Months) or Imprisonment & Fine Both.
|9||Any worker who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Code.||Fine Rs. 1,000/- to Rs. 10,000/- (Rs. One Thous& to Rs. Ten Thous& Only) or Imprisonment up to 1 Month (One Month) or Imprisonment & Fine Both.|
|10||Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Code.
|Fine Rs. 50,000/- to Rs. 1,00,000/- (Rs. Fifty Thous& to Rs. One Lakh Only) or Imprisonment up to 1 Month (One Month) or Imprisonment & Fine Both.|
|11||Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Code.
|Fine Rs. 10,000/- to Rs. 50,000/- (Rs. Ten Thous& to Rs. Fifty Thous& Only) or Imprisonment up to 1 Month (One Month) or Imprisonment & Fine Both.|
|12||Any person who willfully discloses any such information as is referred to in “Certain matters to be kept confidential” (section 61) in contravention of the provisions of that section shall, on a complaint made by or on behalf of the Trade Union or individual business affected.
|Fine Rs. 20,000/- (Twenty Thous& Only) or Imprisonment up to 1 Month (One Month) or Imprisonment & Fine Both.|
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