Background
The Industrial Relations Code, 2020 consolidates laws relating to trade unions, conditions of employment, and industrial dispute resolution. The Industrial Relations (Uttar Pradesh) Rules are framed under the Code to operationalize its provisions at the State level. These Rules prescribe procedures, forms, authorities, and timelines for matters such as standing orders, strikes and lock-outs, lay-off, retrenchment, closure, trade union recognition, and dispute resolution, ensuring uniform and transparent industrial relations governance in Uttar Pradesh.
Applicability
These rules in line with the IR Code, are applicable to the Establishment covered under Industrial Relation (U.P.) Rules, 2021 and to the Establishments employing 300 or more workmen on an average per working day for preceding 12 months as per Chapters XI, XII, XIV of the Code.
Compliance Requirements under the Rules in Accordance with the Code
No employer or worker or a Trade Union, whether registered under this Code, or not, shall commit any unfair labour practice specified in the Second Schedule.
The employer may during pendency of proceedings, for matters unconnected with dispute:
a) alter w.r.t. conditions of service of workers immediately before commencement of such proceedings, or
b) for any misconduct, discharge or punish any worker concerned.
Further, he can do so with express permission in writing of authority before which proceeding is pending.
Within 10 days of retrenchment, the employer must transfer 15 days’ last drawn wages per worker to a govt. account. Govt. will credit it to workers’ accounts within 45 days for re-skilling. Employer must submit worker names, wage amount, and bank details for fund transfer.
An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Code by—
(a) an officer of an association of employer of which he is a member;
(b) an officer of a federation of associations of employers to which the association referred to in clause (a) is affiliated;
(c) where the employer is not a member of any association of employers, an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed.
Penalty & Punishment
U/s 86(5): Any person who commits any unfair labour practice as specified in the Second Schedule shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to two lakh rupees.
U/s 86(6): For subsequent offence, he shall be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to five lakh rupees or with imprisonment for a term which may extend to three months, or with both.
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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