Background
Bipartite Forums under the Industrial Relations Code, 2020, as reflected in the Gujarat Industrial Relations Rules, are workplace-level committees created to promote cooperative dialogue between employers and workers. They aim to resolve day-to-day issues, encourage participation in decision-making, and strengthen harmonious industrial relations. These forums serve as a structured platform for consultation on matters affecting productivity, welfare, and workplace practices, helping prevent disputes through continuous
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 all 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
An industrial establishment employing 100 or more workers shall constitute a Works Committee, comprising representatives of both the employer and the workers, if directed by the government, and in the manner prescribed by the government
Employer shall provide for selection of worker representatives in the Committee as follows:
a) Registered Trade Unions can select their representatives based on their membership proportion
b) Where there’s no registered Trade Union, workers can elect representatives amongst them for Works Committee
Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union; and where an employer has reason to believe that the information furnished to him by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the deputy registrar who shall, after hearing the parties, shall decide the matter and his decision shall be final.
The Works Committee’s office-bearers shall include a chairman, vice chairman, secretary, and joint secretary. Secretary and Joint Secretary shall be elected every year. Chairman is appointed by the employer representatives and vice chairman is elected by the worker representatives.
The term of office of the representatives on the Works Committee other than a member chosen to fill a casual vacancy shall be two years. A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor
A member who without obtaining leave from the Works Committee, fails to attend 3 consecutive meetings of the Committee shall forfeit his membership.
In the event of worker’s representative ceasing to be a member under clause (c) of sub-rule (7) or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged.
The Works Committee should meet as often as needed, but at least once every three months.
The Secretary of the Works Committee may with the prior concurrence of the Chairman, put up notice regarding the work of the Works Committee on the notice board of the industrial establishment
Every industrial establishment employing twenty or more workers shall have one or more Grievance Redressal Committees for resolution of disputes arising out of individual grievances.
The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed ten.
(1) The representatives of the employer shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with or associated with the working of the industrial establishment, preferably the heads of major departments of the industrial establishment.
(2) The representatives of the workers shall be chosen by the registered Trade Union. In case where there is no registered Trade union the member may be chosen by the workers of the industrial establishment.
(3) There shall be adequate representation of women workers in the Grievance Redressal Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment.
1) Tenure of members of Grievance Redressal Committee (GRC) shall be co terminus with tenure of members of registered Trade Union
2) In the absence of registered Trade Union, tenure of members of GRC shall be for a period of two years from date of the constitution of Grievance Redressal Committee
Employer shall provide for selection of worker representatives in the Committee as follows:
a) Registered Trade Unions can select their representatives based on their membership proportion
b) Workers who are not a part of registered Trade Union can elect representatives amongst them for Committee
Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union; and where an employer has reason to believe that the information furnished to him by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Regional Labour Commissioner , who shall, after hearing the parties, shall decide the matter and his decision shall be final.
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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