Background
Strikes and lock-outs under the Industrial Relations Code, 2020, as operationalized through the Industrial Relation (Gujarat) Rules, 2021, are regulated to ensure disciplined and lawful conduct during industrial disputes. The framework lays down clear procedures for prior notice, timelines, and restrictions to prevent abrupt disruptions in industrial operations. These provisions aim to balance workers’ rights to protest with employers’ need for continuity, fostering orderly dispute resolution and maintaining industrial harmony.
Applicability
The Industrial Relations Code, 2020 applies uniformly across India, including Gujarat, from the date it was brought into force by the Central Government. In Gujarat, the IR Code applies to establishments covered under the Code. Provisions relating to standing orders apply to establishments with 300 or more workers, while rules on trade unions, dispute resolution, and employer-employee relations apply broadly to all applicable industries and establishments operating within the state.
Compliance Requirements under the Rules In accordance with the Code
The notice of strike must be given to an industrial establishment employer in Form-VI, signed by the Secretary and five elected Trade Union representatives, and a copy endorsed to the concerned conciliation officer & Commissioner/Director of Labour
Employers must provide a lock-out notice in Form-VII to Secretary of every registered Trade Union and endorse a copy to concerned conciliation officers electronically
The notice shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment.
The employer shall within five days from the date of receipt of Notice of strike, intimate the same electronically to the concerned conciliation officer and Chief Labour Commissioner
Employer shall within five days from the date of Notice of Lock-out, intimate electronically the same to the concerned conciliation officer and the Chief Labour Commissioner
5. Prohibition of strikes in Gujarat (Section 62(1), (3))
Employees in an industrial establishment cannot go on strike without providing notice to the employer 60 days before strike, within 14 days of Notice of strike and before the specified strike date
1) Further, no person employed in an industrial establishment shall go on strike:
during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings
during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings
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.
2) Notice of strike shall not be necessary where the strike is already in existence but an intimation shall be sent on day the strike is declared to the specified authority
6. Prohibition of lock-outs in Gujarat (Industrial Relations Code, 2020 – Section 62(2), (3))
Employer in an industrial establishment shall not lock-out his workers without providing notice to them 60 days before lock-out, within 14 days of Notice of Lock-out and before the specified lock-out date
1) Further, no employer of an industrial establishment shall lock-out any of his workers:
during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings
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 the pendency of proceedings before a Tribunal or a National Industrial Tribunal and sixty days, after the conclusion of such proceedings
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.
2) Notice of lock-out shall not be necessary where the lock-out is already in existence but an intimation shall be sent on day the lock-out is declared to the specified authority.
Penalty & Punishment
As per Section 86(20): Any person who contravenes any other provision of this Code not covered under sub-sections (1) to (19) or the rules or regulations framed under this Code shall be punishable with fine which may extend to one lakh rupees
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