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Home >> Industrial Relations Code, 2020

Industrial Relations Code, 2020

FAQs on Industrial Relations Code, 2020

Q. 1.  How many existing Acts does the Industrial Relations Code, 2020 consolidate and which are those Acts?

 

Ans. The Industrial Code, 2020 consolidates three Acts namely, the Trade Union Act, 1926; the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947.

 

Q. 2.  Which chapter of the Industrial Code, 2020 relates to the matters pertaining to Trade Unions?

Ans. Chapter III of the Industrial Code, 2020.

 

Q. 3.  Which chapter of the Industrial Code, 2020 relates to the matters pertaining to the standing orders?

Ans. Chapter IV of the Industrial Code, 2020.

 

Q-4.     Total how many schedules does the Industrial Relations Code, 2020 have and what are those?

Ans.  Three schedules, the First schedule concerning the: Matters to be providing in standing orders under the Code; the Second schedule concerning the Unfair Labour Practices and the Third Schedule concerning Conditions of service for change of which notice is to be given. 

 

Q. 5.    What is the new term in the Industrial Code, 2020 for the term “workman” as defined in used in Section 2(s) of the Industrial Dispute Act, 1947?

 

Ans. The new term for the term “workman” as defined in used in Section 2(s) of the Industrial Dispute Act, 1947 under the Industrial Code, 2020 is “worker”.

 

Q-6. Whether the definition of ‘Industry’ under the Industrial Relations Code, 2020 inter-alia include institutions owned or management by organizations substantially engaged in any charitable, social or philanthropic services.

Ans. No

 

Q.7. Whether as per the Industrial Code, 2020 termination of the services of a worker as a result of tenure of fixed term employment or termination of the service of a worker on the ground of continued ill-health fall within the scope of the definition of “retrenchment” as defined under Section 2(zh) of the Code?

 

Ans. No, as both the situations have been excluded from the scope of the definition of “retrenchment”.

 

 

 

 

Q. 8.    What are the Bi-Partite Forums provided under the Industrial Code, 2020 for the purpose of securing and preserving amity and harmonious industrial relations between the employer and workers in industrial establishments and resolution of disputes arising out of individual grievances?

 

Ans. The Bi-Partite Forums provided under the Industrial Code, 2020 for the purpose of securing and preserving amity and harmonious industrial relations between the employer and workers in industrial establishment and resolution of disputes arising out of individual grievances include: Works Committee and Grievance Redressal Committee.

 

Q-9. What is the requirement in terms of minimum number of workers for the purpose of constitution of Works Committee and Grievance Redressal Committee?

 

Ans. One hundred workers for the purpose of constitution of Works Committee and twenty workers for the purpose of constitution of Grievance Redressal Committee. 

 

Q. 10.  As per the Industrial Relations Code, 2020 ‘ Concerted  Casual Leave’ on a given day by what percentage or workers employed in industry would be deemed as ‘Strike’.

Ans. 5o% or more     

 

Q-11. The maximum No. of members in the Grievance Redressal Committee (GRC) which under the Industrial Disputes Act, 1947 at present is 6 (Six) has been increased to how many members in the Industrial Relations Code, 2020?

Ans. 10 members

 

Q-12. As per the Industrial Relations Code, 2020 the trade union having support of what percentage or more of the workers on the muster roll in an industrial establishment  will be recognized as  sole  ‘Negotiation Union’.

Ans. The trade union having 51% or more workers on the muster roll in an industrial establishment       

 

Q. 13. What is the minimum support requirement in terms of percentage of workers for the representatives to be part of the negotiating council in an establishment having more than one trade union, in the absence of no union having 51% or more workers in its support?

Ans. 20%  of the total workers on the muster roll of the establishment

 

Q-14.  The newly introduced provision of “Worker Re-skilling Fund” in the Industrials Code, 2020 provides for contribution  of an amount  equal to how many days’ of wages or such other days as may be notified by the Central Govt. by the establishment to such fund in respect of every retrenched worker.

Ans. An amount equal to 15 days’ of wages or such other days as may be notified by the Central Govt.      

 

Q-15. What is the prescribed number of members under the Industrial Relations Code, 2020 for constitution of Industrial  Tribunal?

Ans. Two members consisting of one judicial member and one member from the administrative side.

 

Q-16. Under the Industrial Relations Code, 2020 the power to impose penalty for offences punishable exclusively with fine has been given to the officers not below  which rank of to Govt. of India or an officer of the equivalent rank in the State Govt. appointed  by the appropriate Govt.?

Ans. Under Secretary                

 

Q-17. Is it true that under the Industrial Relations Code, 2020 the disputes pertaining the registered trade unions have also been included within the jurisdiction of Industrial Tribunal?

Ans. Yes

 

Q-18. Whethe as per the Industrial Relations Code, 2020 an employee/worker engaged on Fixed -Term Employment contract would also be entitled to get retrenchment compensation in addition to various terminal dues.

Ans. No

 

Q-19. As per the Industrial Relations Code, 2020 any offence falling under the category of compoundable offence can be compounded for a sum of what % of the fine prescribed for that offence?

Ans. 50% of the maximum fine in case of offences punishable only with fine and 75% of the maximum fine in case of the offences punishable with fine or imprisonment up to one year;.

Q-20.  Whether a person who has been convicted by a court in India for any offence involving moral turpitude and sentenced to imprisonment is eligible for being a member of the executive or any other office-bearer of a registered Trade Union immediately after his release?  

Ans. No, Section 21 of the Industrial Relations Code, 2020 concerning Disqualification of Office-Bearers of Trade Unions clearly provide that a person shall be disqualified for being chosen as, and for being a member of the executive or any other office-bearer of a registered Trade Union if s/he has been convicted by a court in India for any offence involving moral turpitude and sentenced to imprisonment unless a period of five years has elapsed since his release.