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State Leadership Operations

Chapter III Statutory Compliance

The Industrial Relations
Code, 2020 & Trade Unions

Simplified legal frameworks consolidating statutory trade union rights, criteria for registration, and corporate security guidelines under the consolidated central law.

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Minimum Representation Filter (Section 6)

Under the old rules, any 7 workers could permanently block negotiations. The 2020 Code introduces a mathematical safety filter: a Union must maintain at least 10% or 100 workers of the establishment as members. If membership drops below this metric, registration faces cancellation.

Minimum Setup
7 Workers
Required to sign and file the rules.
Active Representation
10% or 100
Whichever is less to sustain the license.

How a Trade Union is Formed & Registered

01

Minimum Members

Any seven or more members of a Trade Union can combine and apply to the Registrar electronically or otherwise to register their union.

02

The 10% or 100 Rule

To register, a union must represent at least 10% of the workers or 100 workers (whichever is less) engaged in the establishment on the application date.

03

Continuous Threshold

Registered unions must at all times maintain this minimum 10% or 100-worker membership threshold to retain valid operational standing.

Expanded Legal Provisions of IR Code 2020

Key central mandates governing industrial harmony, strikes, and business operations

Section 62 Mandates

Uniform Strike Notice Clauses

The restriction of striking without a 14-day prior notice is now uniformly applied to all industrial establishments, entirely discarding the legacy distinction between public utility services and non-utility units.

60-Day Max Validity
Chapter IV Standing Orders

Enhanced Threshold to 300 Workers

Establishments must formally draft and implement customized Standing Orders (rules detailing worker classification, shifts, and leaves) only if they employ 300 or more workers, increasing ease of business over the older 100-worker rule.

Applies uniformly across factories & mines
Chapter X Closures

Lay-off & Closure Prior Approvals

Establishments housing at least 300 workers must acquire strict prior approval from the appropriate government office before enacting any lay-offs, retrenchments, or absolute plant closures.

Worker Reskilling Fund Support

Mandatory Rules for Constitution

A Trade Union cannot get a registration certificate unless its bylaws cover these areas explicitly

Rule Clause A & B

1. Identity & Objectives

Bylaws must state the clear operational name and the explicit socio-economic objects for which the union is set up.

Rule Clause C & D

2. Funds & Member Lists

Defines strict maintenance of member registers and specifies legal expenditure purposes for the collective asset bank.

Rule Clause F & G

3. Subscription & Fines

Sets the predictable pattern of dynamic membership subscription fees and transparent terms under which fines or forfeitures apply.

Rule Clause H & I

4. 3-Year Election Cycle

Bylaws must require a full democratic body election for executive board members at least once every three years.

Rule Clause J

5. Safe Custody & Audit

Requires secure bank asset logging and an annual statutory audit of account books accessible to all active members.

Rule Clause K & L

6. Bylaw Amendments

Documents the step-by-step voting procedures required to amend, vary, rescind internal rules, or execute dissolution.

Section 14 Breakthrough

Recognition of Sole Negotiating Power

The IR Code 2020 introduces structural frameworks requiring employers to interact strictly with verified majoritarian bargaining agents, bypassing fragmented minority disputes.

1. Single Union Rule: Recognized as the sole negotiating agent instantly.
2. Multi-Union Rule: Requires 51% or more support on the muster roll.

What if no single union secures 51%?

The employer sets up a Negotiating Council where seats are distributed proportionately:

Union Support Level
Council Seat Allotment

At least 20% membership
1 Seat per 20%
Remaining fractions
Disregarded

The Dual-Fund Asset Architecture

Section 15 strictly isolates political agendas from everyday worker welfare funds

1. The General Fund

Mandatory

Formed strictly from routine monthly membership subscription layouts. This capital can only be used to solve direct industrial disputes, secure local litigation, run education camps, or provide immediate medical insurance updates.

2. Separate Political Fund

Voluntary

Levied via separate collection blocks for advancing political or civic interests. No member can be forced to pay this levy, and non-payment can never be used to cut standard union benefits or block general admission.

Rights & Legal Shield of Registered Unions

Safeguards protecting union management and execution teams

1. Body Corporate

Perpetual succession, a common seal, and the right to hold property or sue under its registered name.

2. Civil Suit Shield

Immunity from civil actions regarding regular industrial actions or targeted trade disturbances.

3. Conspiracy Protection

Office-bearers are protected from criminal conspiracy charges unless there is an explicit agreement to commit an offense.

4. Minors Allowed

Any worker who has attained 14 years of age can become an active member of non-hazardous industries.

Proportion of Office-Bearers (Section 23)

Strict statutory limits governing external political involvement on executive boards

1. Unorganized Mining Sectors
At least 50%

Must consist of individuals directly employed or actively working inside the industry or unit line with which the trade union is connected.

2. Organized / General Sectors
Max 33% or 5 Persons

Outsiders cannot exceed one-third of total office-bearers or 5 persons (whichever is less). Retired or retrenched workers do not count as outsiders.

Prohibited Unfair Labour Practices

Strict legal restrictions listed under the Second Schedule

A. Illegal on Part of Employers

  • Threatening workers with discharge or dismissal if they choose to join a Trade Union.
  • Altering seniority ratings or refusing promotions due to labor union activities.
  • Employing workers as badlis, casuals, or temporaries for years to deprive them of permanent status.

B. Illegal on Part of Unions

  • Picketing or blocking work premises to physically bar non-striking workers.
  • Instigating or staging targeted "go-slow" operations or "gheraos" of managerial staff.
  • Staging aggressive demonstrations at the private residences of employers.
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