The salient features and implementation of The
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The salient features and implementation of The Code on Wages, 2019 The Code on Industrial Relations 2020 Dr. G. MANJUNATH, KLS, PhD Additional Labour Commissioner Government of Karnataka Email id: manjualcyahoo.co.in Website:
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01
The salient features and implementation of The Code on Wages, 2019 & The Code on Industrial Relations 2020 Dr. G. MANJUNATH, KLS, PhD
Additional Labour Commissioner
Government of Karnataka
Email id: manju_alc@yahoo.co.in
Website: http://drmanjunathg.in<br>
Additional Labour Commissioner
Government of Karnataka
Email id: manju_alc@yahoo.co.in
Website: http://drmanjunathg.in<br>
02
The code
on
wages The OSH
code The code ON
SOCIAL SECURITY The code on
INDUSTRIAL
RELATION LABOUR
CODES 7/31/2021 2<br>
on
wages The OSH
code The code ON
SOCIAL SECURITY The code on
INDUSTRIAL
RELATION LABOUR
CODES 7/31/2021 2<br>
03
THE CODES ON WAGES, 2019 An Act of Parliament received the assent of the President on 8th Aug 2019
To consolidate & amend laws relating to:
Wages; (MW act & PW act)
Bonus &
Equal remuneration
Draft Rules by Govt. of Karnataka 2.03.2021
Final Notification awaited. 3 7/31/2021<br>
To consolidate & amend laws relating to:
Wages; (MW act & PW act)
Bonus &
Equal remuneration
Draft Rules by Govt. of Karnataka 2.03.2021
Final Notification awaited. 3 7/31/2021<br>
04
Code on Wages vs. Repealed Enactments 4 7/31/2021<br>
05
The Code on Wages , 2019 Key Actors: Employer : 169
Employee: 218
Worker : 18
Central Govt: 40
App. Govt: 104 7/31/2021 5<br>
Employee: 218
Worker : 18
Central Govt: 40
App. Govt: 104 7/31/2021 5<br>
06
Important Definitions Who is not a Contract Labour?
A worker who is regularly employed by the Contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis) &
Gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment. 6 7/31/2021<br>
A worker who is regularly employed by the Contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis) &
Gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment. 6 7/31/2021<br>
07
INTER STATE MIGRANT WORKER ARE CONTRACT LABOUR
PART-TIME EMPLOYEE ARE CONTRACT LABOUR 7 7/31/2021 Contract Labour Includes<br>
PART-TIME EMPLOYEE ARE CONTRACT LABOUR 7 7/31/2021 Contract Labour Includes<br>
08
Who is not a ‘worker’? Defense personnel
Police and Prison service
Managerial and administrative employees
Supervisory employees drawing wage of more than Rs. 15k per month…
-----------------------------------------
‘Worker’
Also includes:
Working journalists
Sales promotion employees 8 7/31/2021<br>
Police and Prison service
Managerial and administrative employees
Supervisory employees drawing wage of more than Rs. 15k per month…
-----------------------------------------
‘Worker’
Also includes:
Working journalists
Sales promotion employees 8 7/31/2021<br>
09
Criteria for fixation of MW Skill of workers required for working under various categories like unskilled, skilled, semi-skilled & highly skilled or geo’l area
Take into account their arduousness of work…hazardous occupations or processes
Rule 3 of Karnataka Rules
Central Government to fix National Floor wage
Scheduled Employment removed/Power of State Govt. to add to schedule is removed. IMPACT
Procedure for fixing/revising MW
Committee method (Tripartite Body appointed by SG)
Notification method 9 7/31/2021<br>
Take into account their arduousness of work…hazardous occupations or processes
Rule 3 of Karnataka Rules
Central Government to fix National Floor wage
Scheduled Employment removed/Power of State Govt. to add to schedule is removed. IMPACT
Procedure for fixing/revising MW
Committee method (Tripartite Body appointed by SG)
Notification method 9 7/31/2021<br>
10
Eligibility and Payment of Bonus Ceiling limit yet to be notified
30 days of work in an accounting year
Annual minimum bonus 8.33%
Annual maximum bonus 20%
Can ex-gratia or total bonus payable exceed 20% ?-NO. (S. 26(5) 10 7/31/2021<br>
30 days of work in an accounting year
Annual minimum bonus 8.33%
Annual maximum bonus 20%
Can ex-gratia or total bonus payable exceed 20% ?-NO. (S. 26(5) 10 7/31/2021<br>
11
Inspections & Compliance The code provides for:
Inspection scheme to be notified by the Govt
Web-based Inspection
Calling of information electronically
Randomized selection of inspection
Regulation of Inspections
Inspector-cum-facilitator to advice employers and workers relating to compliance
Inspections are subject to instructions and guidelines issued by the government 11 7/31/2021<br>
Inspection scheme to be notified by the Govt
Web-based Inspection
Calling of information electronically
Randomized selection of inspection
Regulation of Inspections
Inspector-cum-facilitator to advice employers and workers relating to compliance
Inspections are subject to instructions and guidelines issued by the government 11 7/31/2021<br>
12
Substantial compliance under the Code Every Employer SHALL pay all amounts required to be paid under this code to every employee employed by him.
NOT to discriminate among employees on the ground of gender with regard to wages in respect of the same work or work of a similar nature
NOT to reduce the rate of wages
NOT to make any discrimination on the ground of gender while recruiting 12 7/31/2021<br>
NOT to discriminate among employees on the ground of gender with regard to wages in respect of the same work or work of a similar nature
NOT to reduce the rate of wages
NOT to make any discrimination on the ground of gender while recruiting 12 7/31/2021<br>
13
Substantial compliance under the Code Paying wages less than the minimum rate of wages notified by the appropriate Government.
Pay overtime rate which is twice the normal rate of wages
Pay wages in:
current coin
currency notes
cheque
crediting the wages in the bank account
electronic mode.
Pay Wages within two working days of removal, dismissal, retrenchment or resignation of an employee 13 7/31/2021<br>
Pay overtime rate which is twice the normal rate of wages
Pay wages in:
current coin
currency notes
cheque
crediting the wages in the bank account
electronic mode.
Pay Wages within two working days of removal, dismissal, retrenchment or resignation of an employee 13 7/31/2021<br>
14
Substantial compliance under the Code Shall deduct from wages only in accordance with the provisions of the code & only for the purposes mentioned.
Shall NOT commit any default after deducting from the wages & not depositing in SS account
Shall NOT impose any fine without the previous approval of the App Govt. or of such authority prescribed. (S. 19) 14 7/31/2021<br>
Shall NOT commit any default after deducting from the wages & not depositing in SS account
Shall NOT impose any fine without the previous approval of the App Govt. or of such authority prescribed. (S. 19) 14 7/31/2021<br>
15
Procedural compliance Every employer to whom this code applies shall maintain:
A register containing the details of persons employed
Muster roll
Wages & such other details in the prescribed manner
Display notice of the abstract of the code,
category-wise wage rates of employees,
wage period
day and date
time of payment of wages
Issue wage slips
The names and addresses of the Inspector-cum Facilitator having jurisdiction 15 7/31/2021<br>
A register containing the details of persons employed
Muster roll
Wages & such other details in the prescribed manner
Display notice of the abstract of the code,
category-wise wage rates of employees,
wage period
day and date
time of payment of wages
Issue wage slips
The names and addresses of the Inspector-cum Facilitator having jurisdiction 15 7/31/2021<br>
16
Provision for wages for certain categories For those employees who are
Dismissed
Retrenched
Resigned
Rendered unemployed due to closure of the establishment
The wages payable to him shall be paid within two working days…
Persons who can file ‘claims’ under the Code:
Employee concerned
Trade union duly registered
Inspector-cum facilitator 16 Time limit for filing claims is 3 years
Appeal within 90 days of the orders
Appeal to be disposed off within 3 months. 7/31/2021<br>
Dismissed
Retrenched
Resigned
Rendered unemployed due to closure of the establishment
The wages payable to him shall be paid within two working days…
Persons who can file ‘claims’ under the Code:
Employee concerned
Trade union duly registered
Inspector-cum facilitator 16 Time limit for filing claims is 3 years
Appeal within 90 days of the orders
Appeal to be disposed off within 3 months. 7/31/2021<br>
17
Who can file cases in the Court of Law? A complaint has to be made by or under the authority of the government
An officer so authorized by the Government
An employee
A registered trade union
Inspector-cum-facilitator 17 7/31/2021<br>
An officer so authorized by the Government
An employee
A registered trade union
Inspector-cum-facilitator 17 7/31/2021<br>
18
Provisions of Indian Penal Code, 1860 Any person required to produce any Documents /information to I-C-F shall be deemed to be legally bound within the meaning of S. 175 & S. 176 of the IPC
S. 175.Omission to produce document or electronic record to pubic servant by person legally bound to produce it.
S. 176. Omission to give notice or information to public servant by person legally bound to give it.
S. 94 of CRPc, 1973 is applicable u/s 51(8) (Powers of ICUMF)
S. 94. Search of place suspected to contain stolen property, forged documents, etc- 18 7/31/2021<br>
S. 175.Omission to produce document or electronic record to pubic servant by person legally bound to produce it.
S. 176. Omission to give notice or information to public servant by person legally bound to give it.
S. 94 of CRPc, 1973 is applicable u/s 51(8) (Powers of ICUMF)
S. 94. Search of place suspected to contain stolen property, forged documents, etc- 18 7/31/2021<br>
19
Penalties for offences under the Code For Substantial violations:
Punishable with fine up to Rs 50,000;
Repeated offence <5 yrs punishable with imprisonment for a term up to 3 months or with fine up to Rs one lakh;
Contravenes any provision, rules, order made punishable with fine up to Rs 20,000;
Repeated offence <5 yrs punishable with imprisonment for a term up to one month or fine up to Rs 40,000 or with both;
For Procedural violations:
Non-maintenance or improper records, punishable with fine up to Rs 10,000 19 7/31/2021<br>
Punishable with fine up to Rs 50,000;
Repeated offence <5 yrs punishable with imprisonment for a term up to 3 months or with fine up to Rs one lakh;
Contravenes any provision, rules, order made punishable with fine up to Rs 20,000;
Repeated offence <5 yrs punishable with imprisonment for a term up to one month or fine up to Rs 40,000 or with both;
For Procedural violations:
Non-maintenance or improper records, punishable with fine up to Rs 10,000 19 7/31/2021<br>
20
Compounding of Offence under the Code An offence not being an substantial offence- the code provides for compounding of offence
Gazetted Officer so appointed will have powers to levy a sum 50% of maximum fine provided for such offence
No prosecution if an offence is been compounded and any pending procedure before any court, intimation to be given by the Gazetted officer and the employer may be discharged 20 7/31/2021<br>
Gazetted Officer so appointed will have powers to levy a sum 50% of maximum fine provided for such offence
No prosecution if an offence is been compounded and any pending procedure before any court, intimation to be given by the Gazetted officer and the employer may be discharged 20 7/31/2021<br>
21
Burden of Proof When a claim is made before any authority against the employer for:
Non-payment of equal remuneration
Non-payment of bonus
Less payment of wages
Less payment of bonus
Making un-authorized deductions from the wages of an employee
Then the burden of prove that the said dues have been paid shall be on the Employer. 21 7/31/2021<br>
Non-payment of equal remuneration
Non-payment of bonus
Less payment of wages
Less payment of bonus
Making un-authorized deductions from the wages of an employee
Then the burden of prove that the said dues have been paid shall be on the Employer. 21 7/31/2021<br>
22
Exemption of employer from liability When an employer is charged with an offence under this Code:
He is entitled under this code to make a complaint before the court against any other person whom he charges to be the actual offender.
Employer then has to prove to the satisfaction of the court that-
Due diligence was used by him to execute the code
The other person committed the offence without his knowledge, consent or connivance
However, employer will be examined on oath, examination of evidence and witnesses and cross-examination procedures shall be followed
Thereafter, the employer shall be discharged from any liability under this code. 22 7/31/2021<br>
He is entitled under this code to make a complaint before the court against any other person whom he charges to be the actual offender.
Employer then has to prove to the satisfaction of the court that-
Due diligence was used by him to execute the code
The other person committed the offence without his knowledge, consent or connivance
However, employer will be examined on oath, examination of evidence and witnesses and cross-examination procedures shall be followed
Thereafter, the employer shall be discharged from any liability under this code. 22 7/31/2021<br>
23
Miscellaneous Fixation of MW to be kept at the minimum
Disqualification for Bonus- Conviction for Sexual Harassment
Chapter on Bonus applicable to establishments employing 20 or more persons
CAB/SAB to advise on providing increasing employment opportunities for women
Discretionary powers to levy compensation up to10 times in addition to the claims determined. IMPACT
Claims can be filed by the concerned employee ;TU; ICF within three years time period.
Disputes pertaining Bonus is considered an ID 23 7/31/2021<br>
Disqualification for Bonus- Conviction for Sexual Harassment
Chapter on Bonus applicable to establishments employing 20 or more persons
CAB/SAB to advise on providing increasing employment opportunities for women
Discretionary powers to levy compensation up to10 times in addition to the claims determined. IMPACT
Claims can be filed by the concerned employee ;TU; ICF within three years time period.
Disputes pertaining Bonus is considered an ID 23 7/31/2021<br>
24
THE I R Codes vs. Repealed Enactments 24 7/31/2021<br>
25
Definitions: S 2(l) ‘employee’ – introduced for the first time
S 2(m) ‘employer’ – Definition is enlarged & includes:
Contractor;
Legal reps of a deceased employer.
S 2(o) ‘Fixed term employment’ –important 3 provisos are provided. (Working & service conditions, statutory benefits & gratuity) IMPACT
S 2(p) ‘industry’ – elaborate & given effect in the code which was pending since 1982.
Inclusion (a) & (b) removed
Exclusion out of 9 items in the original ID act only 3 finds its place, most important exclusion is domestic service, however CG has powers to exclude any other activity. 25 7/31/2021<br>
S 2(m) ‘employer’ – Definition is enlarged & includes:
Contractor;
Legal reps of a deceased employer.
S 2(o) ‘Fixed term employment’ –important 3 provisos are provided. (Working & service conditions, statutory benefits & gratuity) IMPACT
S 2(p) ‘industry’ – elaborate & given effect in the code which was pending since 1982.
Inclusion (a) & (b) removed
Exclusion out of 9 items in the original ID act only 3 finds its place, most important exclusion is domestic service, however CG has powers to exclude any other activity. 25 7/31/2021<br>
26
Definitions: S 2(zq) ‘wages’, same as in code on wages, newer
interpretation, 11 items are excluded. IMPACT
S 2(zr) ‘worker’ – defined for the first time, instead of workman. (excludes apprentices as defined under AA) & includes:
working journalists;
sales promotion employees;
workers who are terminated;
supervisory workers drawing more than 18 k are excluded 26 7/31/2021<br>
interpretation, 11 items are excluded. IMPACT
S 2(zr) ‘worker’ – defined for the first time, instead of workman. (excludes apprentices as defined under AA) & includes:
working journalists;
sales promotion employees;
workers who are terminated;
supervisory workers drawing more than 18 k are excluded 26 7/31/2021<br>
27
Grievance Redressal CommitteeSetting up of GRM Very significant changes & differences u/s 9-C of ID act (2010)
11 sub-sections
No of members is now 10, earlier 6.
Aggrieved Worker with individual grievance may file an application before GRC within one year from the date of cause of action of such dispute
GRC to conduct its proceedings within 30 days
Decision making process is explained in detail. (R.7)
Worker can seek an appeal if not satisfied with the decision of the GRC, within 60 days & file an application before the conciliation officer through the Trade Union.
A worker can also directly approach Tribunal for adjudication of the dispute after the expiry of 45 days from the date he has made an application to the conciliation officer.
IMPACT: Worker can seek Redressal of his individual dispute FIRST at GRC THEN to CO, Tribunal 27 7/31/2021<br>
11 sub-sections
No of members is now 10, earlier 6.
Aggrieved Worker with individual grievance may file an application before GRC within one year from the date of cause of action of such dispute
GRC to conduct its proceedings within 30 days
Decision making process is explained in detail. (R.7)
Worker can seek an appeal if not satisfied with the decision of the GRC, within 60 days & file an application before the conciliation officer through the Trade Union.
A worker can also directly approach Tribunal for adjudication of the dispute after the expiry of 45 days from the date he has made an application to the conciliation officer.
IMPACT: Worker can seek Redressal of his individual dispute FIRST at GRC THEN to CO, Tribunal 27 7/31/2021<br>
28
GRC and WC 28 Functions:
Resolution of disputes arising out of individual grievances.
Empowered to raise the dispute before GRC, Conciliation officer, or directly to Tribunal.
Institutional mechanism to resolve individual disputes within the industry.
(Similar to ICC under POSH Act, 2013) Functions:
To promote measures for securing and preserving amity and good relations b/n employer & workers
To comment upon matters of their common interest/concern
Endeavour to compose any material difference of opinion in respect of such matters 7/31/2021<br>
Resolution of disputes arising out of individual grievances.
Empowered to raise the dispute before GRC, Conciliation officer, or directly to Tribunal.
Institutional mechanism to resolve individual disputes within the industry.
(Similar to ICC under POSH Act, 2013) Functions:
To promote measures for securing and preserving amity and good relations b/n employer & workers
To comment upon matters of their common interest/concern
Endeavour to compose any material difference of opinion in respect of such matters 7/31/2021<br>
29
Trade Unions what is new? A declaration to be made by an affidavit while Applying for registration
Copy of the resolution of members of each TUs agreeing to constitute a federation
Deemed registration under the code (9(4) & proviso
Appeal is with the Tribunal
Objects of general and separate funds now delegated to appropriate Govt.
Adjudication of disputes of Trade Unions (22) to Tribunals
No mention of council of ministers or office of profit becoming executive OR office-bearers of TA 29 7/31/2021<br>
Copy of the resolution of members of each TUs agreeing to constitute a federation
Deemed registration under the code (9(4) & proviso
Appeal is with the Tribunal
Objects of general and separate funds now delegated to appropriate Govt.
Adjudication of disputes of Trade Unions (22) to Tribunals
No mention of council of ministers or office of profit becoming executive OR office-bearers of TA 29 7/31/2021<br>
30
Negotiating union or negotiating council Very significant changes
Matters for negotiation (Draft Central & State Rules)
If only one TU is registered then the employer shall recognize such TU as a sole negotiating union
More than one TU…51% or more workers supporting to be verified
More than one TU…but less than 51%, employer to constitute a NC consisting of reps from registered TUs having not less than 20% of support from workers…
Statutory responsibility is on the employers.
3 years of recognition, but extendable up to 5 years if mutually decided.
Facilities to be extended by the employer to the NU or NC. IMPACT 30 7/31/2021<br>
Matters for negotiation (Draft Central & State Rules)
If only one TU is registered then the employer shall recognize such TU as a sole negotiating union
More than one TU…51% or more workers supporting to be verified
More than one TU…but less than 51%, employer to constitute a NC consisting of reps from registered TUs having not less than 20% of support from workers…
Statutory responsibility is on the employers.
3 years of recognition, but extendable up to 5 years if mutually decided.
Facilities to be extended by the employer to the NU or NC. IMPACT 30 7/31/2021<br>
31
STANDING ORDERS Substantial changes
Code applies this chapter to 300 or more workers IMPACT
Proviso providing power to the app. Govt. to reduce the number of workers is withdrawn.
Sub-section (2) added for exclusions under the code
Draft Model standing orders notified by the Central Govt. for: (S.29)
Service sector on 31.12.2020
Manufacturing sector on 31.12.2020
Mines on 31.12.2020
First Schedule –Matters specified 31 7/31/2021<br>
Code applies this chapter to 300 or more workers IMPACT
Proviso providing power to the app. Govt. to reduce the number of workers is withdrawn.
Sub-section (2) added for exclusions under the code
Draft Model standing orders notified by the Central Govt. for: (S.29)
Service sector on 31.12.2020
Manufacturing sector on 31.12.2020
Mines on 31.12.2020
First Schedule –Matters specified 31 7/31/2021<br>
32
Procedure for certification Substantial changes
Employer to consult TUs or recognized NU or member of the NC. Reps of workmen removed. IMPACT
Electronic submission allowed
Model standing shall be deemed to be certified & employer shall forward this to the CO.(30(3)
CO to issue notice not forwarding the copy.
CO to seek comments, not objections.
Time frame fixed for certification process, ie 2 months, otherwise it will be deemed certified.
Joint submission of standing orders allowed.
If the existing SO is consistent with codes/rules, it is deemed certified u/s 8. (S.30(11). 32 7/31/2021<br>
Employer to consult TUs or recognized NU or member of the NC. Reps of workmen removed. IMPACT
Electronic submission allowed
Model standing shall be deemed to be certified & employer shall forward this to the CO.(30(3)
CO to issue notice not forwarding the copy.
CO to seek comments, not objections.
Time frame fixed for certification process, ie 2 months, otherwise it will be deemed certified.
Joint submission of standing orders allowed.
If the existing SO is consistent with codes/rules, it is deemed certified u/s 8. (S.30(11). 32 7/31/2021<br>
33
Time-limit for completing disciplinary proceedings & liability to pay subsistence allowance Substantial changes
Time-frame fixed at 90 days to complete investigation or enquiry from the date of suspension IMPACT
Disputes regarding subsistence allowance removed
Notice of Change (9-A vs. 40)
Substantial changes
No notice is required under two additional proviso:
emergent situation which requires change of shift or shift working,…in consultation with GRC
In accordance with the orders of the app. Govt. or in pursuance of any settlement or award
Power of App. Govt. to exempt the provisions of section 40 is retained. 33 7/31/2021<br>
Time-frame fixed at 90 days to complete investigation or enquiry from the date of suspension IMPACT
Disputes regarding subsistence allowance removed
Notice of Change (9-A vs. 40)
Substantial changes
No notice is required under two additional proviso:
emergent situation which requires change of shift or shift working,…in consultation with GRC
In accordance with the orders of the app. Govt. or in pursuance of any settlement or award
Power of App. Govt. to exempt the provisions of section 40 is retained. 33 7/31/2021<br>
34
Conciliation and adjudication of dispute Substantial changes
Under the code no notice of strike/lockout under PUS
Time limit to file an industrial dispute is two years.
Failure report to be sent to the Govt. as well as to the parties concerned. (Ref by Govt removed) IMPACT
Report to be sent within 45 days, earlier 14 days removed.
Proviso for sending report under sec. 62 is 14 days.
53(6) is new inclusion
Either parties can approach the Tribunal directly within 90 days on receiving the report on matters not settled. IMPACT 34 7/31/2021<br>
Under the code no notice of strike/lockout under PUS
Time limit to file an industrial dispute is two years.
Failure report to be sent to the Govt. as well as to the parties concerned. (Ref by Govt removed) IMPACT
Report to be sent within 45 days, earlier 14 days removed.
Proviso for sending report under sec. 62 is 14 days.
53(6) is new inclusion
Either parties can approach the Tribunal directly within 90 days on receiving the report on matters not settled. IMPACT 34 7/31/2021<br>
35
Industrial Tribunal Substantial changes
Schedules removed under the code IMPACT
One person is replaced now by two members one Judicial and Administrative Member.
Cases to be decided by IT by both the members are provided under sub-section (7)(i) to (e).
Other cases to be decided by either JM or AM.
Decision of Tribunal shall be by consensus of the members…differences in any point/points shall be referred to Govt, who shall appoint a JM to decide on the basis of majority. (S. 47) IMPACT 35 7/31/2021<br>
Schedules removed under the code IMPACT
One person is replaced now by two members one Judicial and Administrative Member.
Cases to be decided by IT by both the members are provided under sub-section (7)(i) to (e).
Other cases to be decided by either JM or AM.
Decision of Tribunal shall be by consensus of the members…differences in any point/points shall be referred to Govt, who shall appoint a JM to decide on the basis of majority. (S. 47) IMPACT 35 7/31/2021<br>
36
Form of award, its communication & commencement Substantial changes
Award may be signed electronically.
No dissent possible under the code.
Publication not required.
Award to be sent to concerned parties & the app. Govt directly by Tribunal.
Award enforceable from expiry of 30 days of communication to the parties. 36 7/31/2021<br>
Award may be signed electronically.
No dissent possible under the code.
Publication not required.
Award to be sent to concerned parties & the app. Govt directly by Tribunal.
Award enforceable from expiry of 30 days of communication to the parties. 36 7/31/2021<br>
37
Commencement and conclusion of proceedings Substantial changes
Commencement of conciliation proceedings under the code is on the date of the first meeting held by the conciliation officer.
Conclusion of conciliation proceedings is on the date of failure of conciliation recorded by the CO deviation from the Act. 37 7/31/2021<br>
Commencement of conciliation proceedings under the code is on the date of the first meeting held by the conciliation officer.
Conclusion of conciliation proceedings is on the date of failure of conciliation recorded by the CO deviation from the Act. 37 7/31/2021<br>
38
Prohibition of strikes and lockouts Substantial changes
Public Utility Services deleted IMPACT
Six weeks notice replaced by 60 days before striking or lockout.
Within 14 days of giving such notice
Sub-sections (e), (f) & (g) added 38 7/31/2021<br>
Public Utility Services deleted IMPACT
Six weeks notice replaced by 60 days before striking or lockout.
Within 14 days of giving such notice
Sub-sections (e), (f) & (g) added 38 7/31/2021<br>
39
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT & CLOSURE IN CERTAIN ESTABLISHMENTS Substantial changes
Number of workers increased from 100 to 300 under the code.
App. Govt may notify such higher numbers of workers than 300.
Unfair Labour Practices (Schedule V vs. II)
On the part of the workers and Trade Unions of workers. (Explanation included)
“go-slow” shall mean an occasion when more than one worker on an establishment conjointly work ore slowly and with less effort than usual to try to persuade the employer of the establishment to agree to higher pay or better service condition or such other demand.
“usual’ mean-
Where the standard has been specified for a worker for his work either daily, weekly ore monthly basis &
…or such rate of work which is the average of work for the previous three months 39 7/31/2021<br>
Number of workers increased from 100 to 300 under the code.
App. Govt may notify such higher numbers of workers than 300.
Unfair Labour Practices (Schedule V vs. II)
On the part of the workers and Trade Unions of workers. (Explanation included)
“go-slow” shall mean an occasion when more than one worker on an establishment conjointly work ore slowly and with less effort than usual to try to persuade the employer of the establishment to agree to higher pay or better service condition or such other demand.
“usual’ mean-
Where the standard has been specified for a worker for his work either daily, weekly ore monthly basis &
…or such rate of work which is the average of work for the previous three months 39 7/31/2021<br>
40
Cognizance of Offence and Composition of offences
Abatement of such offence has been left out (S.87)
Composition of offences included (S.89)
Power to exempt (S. 36-B (1984) vs.96)
Exemptions may be provided for new industrial establishments or new undertakings or class of new industrial establishments IMPACT
Jurisdiction of civil courts barred and no injunctions possible. 40 7/31/2021<br>
Abatement of such offence has been left out (S.87)
Composition of offences included (S.89)
Power to exempt (S. 36-B (1984) vs.96)
Exemptions may be provided for new industrial establishments or new undertakings or class of new industrial establishments IMPACT
Jurisdiction of civil courts barred and no injunctions possible. 40 7/31/2021<br>
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Dr. G. MANJUNATH, KLS, PhD
Additional Labour Commissioner
Government of Karnataka
Email id: manju_alc@yahoo.co.in
Website: http://drmanjunathg.in/<br>
Additional Labour Commissioner
Government of Karnataka
Email id: manju_alc@yahoo.co.in
Website: http://drmanjunathg.in/<br>
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This Presentation was designed by IT partner Sanna Innovations – A Creative and an innovative IT company. 42 7/31/2021<br>