Background
Notice of Change and Arbitration under the Industrial Relations (Gujarat) Rules, 2021 provide structured mechanisms for altering service conditions and resolving disputes within industrial establishments. A Notice of Change ensures that employers formally communicate proposed modifications in employment terms, giving workers an opportunity to respond through a transparent process. Arbitration offers a voluntary and mutually agreed method for settling industrial disputes through an impartial arbitrator, promoting quicker and amicable resolution. Together, these provisions support orderly and fair industrial relations in Gujarat.
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
Employers must notify affected workers in Form-II of any changes in worker conditions in accordance with the Third Schedule to the Code, which must be prominently displayed on the notice board at the main entrance of the industrial establishment and the office of the concerned Manager.
1) No change shall be effected within 21 days of giving notice
2) No notice of change is required to be given:
3) Where there are Regd Trade Union/Unions, a copy of Notice shall be served on Secretary of Trade Union
Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-III and shall be signed by the parties to the agreement. The agreement shall be accompanied by the consent either in writing or electronically of arbitrator or arbitrators.
2.In the case of an individual worker, an individual worker by the worker himself or by an officer of registered Trade Union of which the worker is a memberb) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer.
3. Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided
Penalty & Punishment
U/s 86(7): If default is made on the part of any registered Trade Union in giving any notice, every office-bearer or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such office-bearer or person, every member of the executive of the Trade Union, shall be punishable with fine which shall not be less than one thousand rupees, but which may extend to ten thousand rupees and any continuing default shall be punishable with an additional penalty of fifty rupees per day so long as the default continues.
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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