Compliance Requirements under the Rules in Accordance with the Code

1. Composition of the Works Committee in U.P. (Section 3(1); Rule 4(2))

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 employer. The number of representatives of workers in such Committee shall not be less than the number of representatives of the employer and the total number of members in the Works Committee shall not exceed 20.

2. Procedure for Selection of Worker Representatives on the Works Committee in U.P. (Section 3; Rule 4(4), (5))

Employer shall provide for selection of worker representatives in the Committee as follows:

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, decide the matter and his decision shall be final.

3. Office-Bearers and their Election in the Works Committee in U.P. (Section 3; Rule 4(6))

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.

1. In case of equality of votes in election of Vice-Chairman, Secretary and a Joint-Secretary, the matter shall be decided by draw of a lot.

2. Works Committee shall elect the Secretary and the Joint Secretary provided a Chairman is appointed.

4. Term of Office of Works Committee Representatives in U.P. (Section 3; Rule 4(7)(a), (b))

Term of office of the representatives on the Works Committee other than a member chosen to fill a casual vacancy shall be two years.

1. a) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor.
   
   b) A member who without obtaining leave from the Works Committee, fails to attend 3 consecutive meetings of the Committee shall forfeit his membership.

5. Forfeiture of Membership of Works Committee in U.P. (Section 3; Rule 4(7)(c), 4(8))

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 due to non attendance of 3 consecutive meetings or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his place shall be filled up in the same manner in which the vacancy was originally filled.

6. Fixing Dates and Notifying Workers for Committee Elections in U.P. (Section 3; Rule 4(9))

The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Works Committee.

7. Frequency of Works Committee Meetings in U.P. (Section 3; Rule 4(10), 4(11)(a))

The Works Committee should meet as often as needed, but at least once every 6 months.

1. The Works Committee shall at its first meeting regulate its own procedure

2. The employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the worker shall be deemed to be on duty while attending the meeting.

8. Posting Notices by Works Committee Secretary in U.P. (Section 3; Rule 4(11)(b))

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.

9. Establishment of Grievance Redressal Committees in U.P. (Section 4(1))

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.

10. Composition of the Grievance Redressal Committee (Section 4(2),(4); Rule 5(1)(2))

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.

11. Procedure for Selection of Worker Representatives on Grievance Redressal Committee in U.P. (Section 4(2); Rule 5(4),(5))

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, decide the matter and his decision shall be final.

12. Procedure for Filing Grievance Conciliation Application to the Conciliation Officer (Section 4(8); Rule 7)

A worker aggrieved by the Grievance Committee’s decision or no response within 30 days may file an application online, via portal, post, or in person within 60 days to the conciliation officer, through their Trade Union or otherwise, from the decision date or lapse of the response period.

Provided that in case of manual receipt of such application through registered post or speed post, the conciliation officer shall get the same digitized and enter the particulars of the application in the online mechanism under intimation to the concerned worker.