Background
Notice of Change and Arbitration under the Industrial Relations (Uttar Pradesh) 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 Uttar Pradesh.
Applicability
The Industrial Relations Code, 2020 applies uniformly across India, including Uttar Pradesh, from the date it was brought into force by the Central Government. In UP, the IR Code applies to all establishments covered under the Code.
Compliance Requirements under the Rules in Accordance with the Code
Where in any case, a Tribunal or a National Industrial Tribunal by its award directs reinstatement of any worker and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such worker, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the worker had not been employed in any establishment during such period and an affidavit by such worker had been filed to that effect in such Court.
(1) Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in Form-XVIII to such worker affected by such change.
(2) The notice referred in sub-rule (1) shall be displayed conspicuously by the employer on the notice board at the main entrance of the industrial establishment and the office of the concerned Manager of the industrial establishment:
a) Where the change is effected in pursuance of an award/settlement
b) where the workers likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Services Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply
c) in emergency situations requiring changes in shifts
d) If change is as per orders of appropriate government
3. Form XIX: Arbitration Agreement in U.P. (Section 42(3) | Rule 42)
Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-XIX 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.
a) Arbitration agreement shall be signed:
i) In case of employer, by employer himself or when employer is an incorporated company or other body corporate, by agent, manager or other officer of corporation authorized as such
ii) In the case of workers by officer of registered Trade Union authorized in this behalf or by three representatives of the workers duly authorized in this behalf at a meeting of the concerned workers held for such purpose
iii) 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 member
b) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer.
c) 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.
4. Form XVIII: Notice of change in the conditions of service applicable to any worker (Section 40(i), Rule 41)
Employers must notify affected workers in Form-XVIII 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:
a) Where the change is effected in pursuance of an award/settlement
b) where the workers likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Services Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply
c) in emergency situations requiring changes in shifts
d) If change is as per orders of appropriate government
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
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.