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Provision |
Current laws |
IR Code, 2020 |
Remarks |
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Coverage |
Applicability of the Standing Orders Act
is for establishments having 100 or more employees. In some states it has
been 50 or even less employees. |
Applies to an industrial establishment
wherein 300 or more workers, are employed, or were employed on any day
of the preceding twelve months. |
For New establishment it
is useful. It is more helpful to
attract more investments |
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Definition |
Sec.2(S)"
workman" means any person (including an apprentice) employed in any industry
to do any manual, unskilled, skilled, technical, operational, clerical or
supervisory work for hire or reward, whether the terms of employment be
express or implied, and for the purposes of any proceeding under this Act in
relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence
of, that dispute, or whose dismissal, dischasrge or retrenchment has led to
that dispute, but does not include any such person-- (i)
… (ii)
… (iii) who is
employed mainly in a managerial or administrative capacity; or (iv) who,
being employed in a supervisory capacity, draws wages exceeding Rs. 10,000/pm
or exercises, either by the nature of the duties attached to the office or by
reason of the powers vested in him, functions mainly of a managerial nature. |
Sec 2 (zr)
"Worker" means
any person (except an apprentice as defined under clause (aa) of section 2 of
the Apprentices Act, 1961) employed in any industry to do any manual,
unskilled, skilled, technical, operational, clerical or supervisory work
for hire or reward, whether the terms
of employment be express
or implied, and includes … and for the purposes of any proceeding under this
Code in relation to an industrial dispute, includes any such person who has
been dismissed, discharged or retrenched or otherwise terminated in
connection with, or as a consequence of, that dispute, or whose dismissal,
discharge or retrenchment has led to that dispute, but does not include any
such person— (i) … (ii)
… (iii) who is employed mainly in a managerial or
administrative capacity; or who is employed in a supervisory capacity drawing
wage of exceeding Rs. 18,000 per month or an amount as may be notified by
the Central Government from time to time: Provided that for the purposes of Chapter III (Trade Unions), Worker …
means all persons employed in trade or industry |
Any person drawing wages exceeding Rs.18,000
per month in the supervisory
capacity are not workers |
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Fixed
Term
Employment |
As per certified standing
orders of GPL, we have included the term “Fixed Term Employee” in view of
that we are already engaging Retainers / Consultants for fixed term. The
relevant provision is reproduced below: IV (G) Fixed Term Employee: Fixed term employee is a person
taken for employment for fixed term of duration, depending upon requirement
of the Company. Such employee has no right for regularization of services and
not entitled for retrenchment compensation as such |
Sec
2 (o): "fixed term employment" means the engagement of a worker on the basis of a
written contract of employment for a fixed period: Provided that— his hours of work, wages, allowances and
other benefits shall not be less than that of a permanent worker doing the
same work or work of similar nature; he shall be eligible for all statutory
benefits available to a permanent worker proportionately according to the
period of service rendered by him even if his period of employment does not
extend to the qualifying period of employment required in the statute; and he shall be eligible for gratuity if he renders
service under the contract for a period of one year; |
‘fixed term employment’,
which may allow employers the flexibility to hire workers for a fixed
duration on need basis and which is not permanent nature. A clause has been added
that termination of the service of Fixed term employee before completion of tenure
would not amount to retrenchment |
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Recognition of Negotiating Union |
No such
provision |
Sec 14 (2): Wherever there is only one Trade Union
of workers registered under the provisions of this Chapter is functioning in
an industrial establishment, then, the employer of such industrial establishment
shall, subject to such criteria as may be prescribed, recognize such Trade
Union as sole negotiating union of the workers. |
In case of a single trade
union in an industrial establishment, the employer shall recognise the
said union as the sole negotiating union of the workers |
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Conciliation Of An Industrial Dispute |
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·
The
commencement of conciliation proceedings shall be deemed to hold commenced on
the day of 1st meeting. ·
Conciliation
proceedings should not prolong for more than 2 years. |
Dispute will be resolved
in the prescribed time limit |
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Industrial Tribunal and Labour
Court |
Exist in current laws |
·
Labour Court
concept omitted ·
Industrial
tribunal will deal all industrial disputes ·
Industrial
tribunal will headed by two members out of one is an administrative member
and the other is Judiciary member |
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Prohibition of Strike and Lockout |
22. Prohibition of strikes and lock-outs.—(1) No person employed in a public utility service shall
go on strike in breach of contract— (a) without giving to the employer notice of strike, as
hereinafter provided, within six
weeks before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such
notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a
conciliation officer and seven days after the conclusion of such proceedings.
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Section 62 (1):
No person employed in an industrial establishment shall go on strike, in breach
of contract— (a)
without giving to the employer
notice of strike, as hereinafter provided, within sixty days before striking; or (b)
within fourteen days of giving such
notice; or (c)
before the expiry of the date of
strike specified in any such notice; or (d)
during the pendency of any
conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or (e)
during the pendency of proceedings before
a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of
such proceedings; or (f)
during the pendency of arbitration proceedings before an arbitrator and sixty days
after the conclusion of such proceedings, where a notification has been
issued under sub-section (5) of
section 42; or ·
during any period in which a settlement or award is in operation, in respect of any
of the matters covered by the settlement or
award. |
Prohibits
strikes and lock-outs in all industrial establishments without giving notice
of 14 days. |
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Concerted Casual Leave amounts to Strike |
Did not exist |
The concerted casual leave on a given day by fifty per cent or more workers employed in an industry amounts to strike |
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Grievance redressal Committee |
The employer in relation to every industrial establishment in
which 50 or more workmen are employed or have been employed shall
provide for, a Grievance Settlement Authority for settlement of
industrial disputes connected with an individual workman employed in the
establishment. |
Sec 4 (1): Every industrial establishment employing 20
or more workers shall have one or more Grievance Redressal
Committees for resolution of disputes arising out of individual grievances. |
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Works Committee |
Any industrial establishment where 100 or more workmen employed
or have been employed on any day in the preceding twelve months, the
appropriate Government may by general or special order require the employer
to constitute in the prescribed manner a Works Committee consisting of
representatives of employers and workmen engaged in the establishment |
Sec 3 (1): In the case of any industrial establishment
in which one 100 or more workers are employed or have been
employed on any
day in the
preceding twelve months, the appropriate Government may
by issuing general or special order, can advise the employer to constitute a Works Committee, |
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Retrenchment, Lay-off and Closure |
Permission required for industrial establishments where 100
or more workers are employed |
Permission required for industrial establishments where 300 or more
workers are employed |
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Composition
of offences |
Not there in old laws |
Employer can apply to the inspector for compound of offences charged on him. |
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