Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953 except as

respects of things done or omitted to be done before such supersession, the State

Government hereby makes the following rules, namely,-

CHAPTER I

PRELIMINARY

1. Short title, extent, application and commencement.––

(1) These rules may be called the Industrial Relations (Andhra Pradesh) Rules,

2026.

(2) They shall come into force on the date of their publication in the Official

Gazette.

2. Definitions.–– (1) In these rules, unless the context otherwise requires,––

(a) “code” means the Industrial Relations Code, 2020 (35 of 2020);

(b)“Commissioner of Labour” means the head of the Labour Department and

includes varied designations such as “Special Commissioner of Labour” based

on the incumbent Officer;

(c)“electronically” means any information submitted by email or uploading in the

designated portal or digital payment in any mode for the purposes of the Code;

(d) “form” means a form appended to the Schedule to these rules;

(e) “section” means a section of the Code.

(f) “Government” means the Government of Andhra Pradesh

(g) “verification officer” means an Officer of the State Government appointed

under rule 9, sub rule (3).

(2) words and expressions used in these rules which are not defined, but are

defined in the Code, shall have their respective meanings assigned to them in

the Code.

3. (1) For the purposes of these rules, with reference to clause (m) of section 2 in

the Code, it is hereby specified that—

(a) in relation to an industry, not being an industry referred to in sub clause

(ii) thereof, carried on by or under the authority of the State Government,

the officer-in-charge of the industrial establishment shall be the employer in

respect of that establishment;

4. Memorandum of settlement.– (1) The settlement arrived at in the course of

conciliation proceedings or a written agreement between the employer and worker

arrived at otherwise than in the course of conciliation proceeding shall be in

Form - I.

(2) The settlement shall be signed, ––

(a) by the employer or by his authorized agent, or where the employer is an

incorporated company or other body corporate, by the agent, manager or other

principal officer of such company or such other body corporate; and

(b) on behalf of workers, by any of the following office bearers of Trade Union,

namely: –

(i) President; or

(ii) Vice-President; or

(iii) Secretary (including the General Secretary); or

(iv) Joint Secretary; or

(v) any other office bearer of the Trade Union authorized in this behalf by the

President and Secretary of the Union; or

(vi) five representatives of workers duly authorized in this behalf at the

meeting of the workers held for the purpose.

(3) In case of an industrial dispute between individual worker and employer, the

settlement shall be signed by the employer and the worker concerned.

(4) Where the settlement is arrived at in the course of conciliation proceedings, the

conciliation officer shall send a report thereof to the State Government together

with a copy of the memorandum of settlement signed by the parties to the dispute.

(5) Where a settlement is arrived at between an employer and his worker otherwise

than in the course of conciliation proceedings, the parties to the settlement shall

jointly send a copy thereof electronically or by speed post or by registered post, to

the concerned Deputy Commissioner of Labour and to the conciliation officer.

(6) The conciliation officer shall file all settlements effected under the Code in

respect of industrial disputes in the area within his jurisdiction in the register

maintained electronically or otherwise.

(7) The register referred to in sub-rule (6) shall contain the details including serial

number, name of the industry, parties to the settlement, date of settlement,

remarks and whether settlement was arrived at after the intervention of

conciliation officer or by mutual negotiation:

Provided that signature of conciliation officer on the agreement shall not be

necessary where the agreement for settlement is arrived at outside conciliation:

Provided further that nothing in this rule shall prohibit a settlement between

a worker or workers or Trade Union and an employer on mutually agreed terms

and such settlement may be in a format other than Form I.

CHAPTER II

BI-PARTITE FORUMS

5. Works Committee, its constitution and matters related thereto.–

(1). Constitution of Works Committee: Every employer to whom an order

made by the State Government under sub-section (1) of section 3 relates, shall

forthwith proceed to constitute a Works Committee (hereinafter in this rule

referred to as the Committee) to promote measures for securing and preserving

amity and good relations between the employer and workers and, to that end, to

comment upon matters of common interest or concern, in the manner specified in

this rule.

(2). Number of Members: (i) The number of members constituting the

Committee shall be fixed so as to afford representation to the various categories,

groups and class of workers engaged in, and to the sections, shops or departments

of the industrial establishment.

(ii)The total number of members of the Committee shall not exceed twenty.

(iii)The number of representatives of the workers in the Committee shall not

be less than the number of representatives of the employer therein.

Provided that the industrial establishment in which women workers are

employed shall have adequate representation of women workers in Works

Committee and such representation shall not be less than the proportion of

women workers to the total workers employed in the industrial establishment.

(3). Representation of Employer: Subject to the provisions of this rule, the

representatives of the employer in the Committee 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.

(4). Consultation with Trade Union: Where the workers of the industrial

establishment are members of a registered Trade Union or Trade Unions, the

employer shall ask such registered Trade Union or Trade Unions to inform him in

writing as to––

(a) number of the workers who are members of such registered Trade Union

or Trade Unions; and

(b) if the employer has reason to believe that the information furnished to him

by the registered Trade Union or Trade Unions is false, he may, after informing

such registered Trade Union or Trade Unions, refer the matter to the Deputy

Commissioner of Labour, who shall, after hearing the parties, decide the matter

and his decision shall be final.

(5). Group of Workers’ representatives: On receipt of the information called

for under sub-rule (4), the employer shall provide for the choosing of worker‘s

representative of the Committee in the following manner, namely:––

(a) in the case of a negotiating union under sub-section (2) or sub-section (3)

of section 14, such negotiating union shall nominate the worker‘s representatives

of the Committee;

(b) in the case of the negotiating council under sub-section (4) of section 14,

the nomination shall be in such manner that every registered Trade Union

representing in the negotiating council shall be represented in the Committee in

proportion to the number of workers of the industrial establishment who are

members of such Trade Union;

referred to in clauses (a) and (b), the workers of the industrial establishment shall

elect amongst themselves the worker‘s representatives of the Committee:

Provided that the employer may, deploy an electronic platform for conducting

the election process over an information technology application, online platform or

such other platform to enable as to how the representatives of workers shall be

elected for the Committee under this clause:

Provided further that where a registered Trade Union fails to furnish the

information called for under sub-rule(4) within one month of the date on which it

is so called for, then, such Trade Union shall for the purpose of this rule be treated

as if it did not exist:

Provided also that where any reference has been made by the employer under

sub-rule (4), the process of choosing the worker‘s representative relating thereto

shall be held on receipt of the decision of the concerned Regional Labour

Commissioner (State).

(6). Electoral Constituencies: The employer may, if he thinks fit, direct that

the workers shall vote in either by groups, sections, shops or departments.

(7). Qualification of Candidates for election: Any worker, of not less than

nineteen years of age and with a service of not less than one year in the industrial

establishment may, if nominated as provided in this rule, be a candidate for

election as a worker‘s representative of the Committee:

Provided that such service qualification shall not apply to the first election in

an industrial establishment which has been in existence for less than a year.

Explanation.— For the purposes of this sub-rule, a worker who has put in

continuous service for not less than one year in two or more industrial

establishments belonging to the same employer shall be deemed to have satisfied

the service qualification specified therein.

(8). Qualification for voters: All workers who are not less than eighteen

years of age and who have put in not less than six months‘ continuous service in

the industrial establishment shall be entitled to vote in the election of worker‘s

representative of the Committee.

Explanation. — For the purposes of this sub-rule, a worker who has put in

continuous service of not less than six months in two or more industrial

establishments belonging to the same employer shall be deemed to have satisfied

the service qualification specified therein.

(9). Fixation of schedule for Election: (i) The employer shall give a

minimum time period of at least three working days for filing of nomination along

with other requisite details while fixing a date as the closing date for receiving

nominations from candidates for election as worker‘s representatives of the

Committee.

(ii)The date fixed by the employer for holding the election referred to in clause

(i) shall not be earlier than three days and later than fifteen days after the closing

date for receiving nominations.

(iii)The date of election fixed under sub-rule (i) shall be notified at least seven

days in advance to the workers concerned and such notice, which shall specify the

number of seats to be elected, shall be affixed on the notice board or electronic

notice board of the industrial establishment and given adequate publicity amongst

the workers.

(10). Nomination of Candidates for election: (i) Every nomination for

election as worker‘s representative of the Committee shall be made on a

nomination paper to be provided by employer and the copies thereof shall be

supplied by the employer to the workers requiring them.

(ii)Each nomination paper referred to in sub-rule (10) shall be signed by the

candidate to whom it relates and attested by at least two other voters belonging to

the group, section, shop or department, which the candidate seeking elections hall

represent, and shall be delivered to the employer.

(11). Scrutiny of Nomination papers: (i) On the day following the last day

fixed for filing nomination papers, the nomination papers shall be scrutinized by

the employer in the presence of the candidates and the attesting persons and

those nominations which are not valid shall be rejected.

(ii) A nomination paper shall be held to be not valid under sub-rule (11), if––

(a) the candidate nominated is ineligible for being a candidate under sub-rule

(7); or

(b) the requirements of sub-rule (10) have not been complied with:

Provided that where a candidate or an attesting person is unable to be present at

the time of scrutiny, he may send a duly authorized nominee for the purpose.

(12). Withdrawal of Candidates: Any candidate whose nomination for

election has been accepted may withdraw his candidature within forty-eight hours

of the completion of scrutiny of the nomination papers.

(13). Voting in Election: (i) If the number of candidates who have been

validly nominated for election as worker‘s representative of the Committee is equal

to the number of seats, the candidates as such shall be forthwith declared as duly

elected.

(ii)Where, in any industrial establishment, the number of candidates validly

nominated for election as worker‘s representative of the Committee is more than

the number of seats allotted to it, voting shall take place on the day fixed for

election.

(14). Officers of the Committee: (i) The Committee shall have among its

office-bearers a Chair person, a Vice-Chairperson, a Secretary and a Joint-

Secretary.

(ii) The Chairperson of the Committee shall be nominated by the employer

from amongst the employer‘s representatives of the Committee and he shall, as far

as possible, be the head of the industrial establishment.

(iii) The Vice-Chairperson shall be elected by the members of the Committee

representing the workers, from amongst themselves

Provided that in the event of equality of votes in the election of the Vice-

Chairperson, the matter shall be decided by a draw of lot.

(iv) The Secretary and the Joint-Secretary of the Committee shall be elected

every year.

(v) The Committee shall elect the Secretary and the Joint Secretary provided

that where the Secretary is elected from amongst the representatives of the

employers, the Joint Secretary shall be elected from amongst the representatives of

the workers and vice versa:

Provided that the post of the Secretary or the Joint Secretary, as the case may

be, shall not be held by a representative of the either the employer or the workers

for three consecutive years:

Provided further that the employer‘s representatives shall not take part in the

election of the Secretary or Joint Secretary, as the case may be, and only the

representatives of the workers shall be entitled to vote in elections for the post of

Secretary or Joint Secretary:

Provided also that in the event of equality of votes in an election under this

sub-rule, the matter shall be decided by a draw of lot.

(15). Term of Office: (i) The term of office of the members of the Committee

other than a member chosen to fill a casual vacancy shall be three years.

(ii)Every member chosen to fill a casual vacancy shall hold office for the

remaining period of the term of his predecessor.

(iii)The membership of any member, who fails to attend three consecutive

meetings of the Committee without obtaining leave from the Committee, shall

stand forfeited.

(16). Vacancies: In the event of worker‘s representative ceasing to be a

member under clause (iii) of sub-rule (15) or ceasing to be employed in the

industrial establishment or in the event of his resignation, death or otherwise, his

successor shall be chosen in accordance with the provisions of this rule for the

remaining period of the Committee from the same group to which the member

vacating the seat belonged.

(17). Power to Co-Opt: The Committee shall have the right to co-opt persons

employed in the industrial establishment having particular or special knowledge of

a matter under discussion in a consultative capacity and 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 Committee.

(18). Meetings: (i)The Committee may meet as often as necessary as but not

less often than once in three months.

(ii)The Committee shall at its first meeting regulate its own procedure.

(19). Facilities for meetings, etc.: (i) The employer shall provide

accommodation for holding meetings of the Committee and shall also provide all

necessary facilities to the Committee and to its members for carrying out the work

of the Committee.

(ii) The Committee shall ordinarily meet during working hours of the

industrial establishment concerned on any working day and the representatives of

the workers shall be deemed to be on duty while attending the meeting.

(iii) The Secretary of the Committee may with the prior concurrence of the

Chairperson, put up notice regarding the functions of the Committee on the notice

board of the industrial establishment.

(20). Annual Return: The employer shall submit the details of the

constitution and the functioning of the Committee as a part of unified annual

return provided in the rules made in this behalf under the Occupational Safety,

Health and Working Condition Code, 2020 (37 of 2020).

(21). Dissolution of Works Committee: The State Government, or the officer

authorised in its behalf, may after making such inquiry as it or he may deem fit,

dissolve any Committee at any time, by an order for reasons to be recorded in

writing, on being satisfied that the Committee has not been constituted in

accordance with the provisions of this rule or that not less than two-thirds of the

number of representatives of the workers have without any reasonable justification

failed to attend three consecutive meetings of the Committee or that the

Committee has, for any other reason, ceased to function:

Provided that where the Committee is dissolved under this sub-rule, the

employer, may, and if so required by the State Government or, as the case may be,

by such officer, shall take steps to re-constitute the Committee in accordance with

this rule.

6. Choosing of members from employers and workers for Grievance Redressal

Committee.– (1) The Grievance Redressal Committee (hereinafter in this rule

referred to as the Grievance Committee) in an industrial establishment employing

twenty or more workers, shall consist of equal number of members representing

the employer and workers, which shall not exceed ten.

(2) The representatives of the employer in the Grievance Committee 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.

(3) The worker‘s representative of the Grievance Committee shall be chosen in the

following manner, namely: ––

(a) where there is a negotiating union under sub-section (2) or sub-section

(3) of section 14, such negotiating union or negotiating council, as the case

may be, shall nominate the worker‘s representatives of the Grievance

Committee;

(b) in the case of a negotiating council under sub-section (4) of section 14,

the nomination shall be in such manner that every registered Trade Union

representing in the negotiating council shall be represented in the Grievance

Committee in proportion to the number of workers of the industrial

establishment who are members of such Trade Union;

referred to the clauses (a) and (b),the workers of the industrial establishment

shall choose amongst themselves the worker‘s representatives of the Grievance

Committee:

Provided that the employer may, deploy an electronic platform for

choosing worker‘s representatives under this clause, over an information

technology application, online platform or such other like platform:

Provided further that there shall be adequate representation of women

workers in the Grievance Committee and such representation shall not be less

than the proportion of women workers to the total workers employed in the

industrial establishment.

(4) The tenure of the members of the Grievance Committee shall be three years.

(5) Where there is no recognized negotiating union or negotiating council and if

any dispute arises regarding choosing of the worker‘s representative to the

Grievance Committee, the matter may be referred to the concerned Deputy

Commissioner of Labour, who shall, after hearing the parties, decide the matter,

whose decision shall be final.

7. Application in respect of any dispute to be filed before the Grievance

Redressal Committee by an aggrieved worker.– (1) Any aggrieved worker may

file an application stating his grievance therein and dispute before the Grievance

Redressal Committee giving name, designation, worker code or token number,

department where he is posted, length of his service in years, category of worker,

address for correspondence, contact number, details of grievances and the relief

sought there for.

(2) The application referred to in sub-rule (1) may be sent electronically or

otherwise.

(3) The application referred to in sub-rule (1) shall be filed within one year from the

date on which the cause of action of such dispute arose.

8. Manner of filing application for the conciliation of grievance as against the

decision of the Grievance Redressal Committee to the conciliation officer.–

Any worker who is aggrieved by the decision of the Grievance Redressal Committee

or whose grievance is not resolved by the said Committee within thirty days of

receipt of the application, may file an application online on designated portal of the

State Labour Department, or by registered post or speed post, or in person, within

a period of sixty days from the date of the decision of the Grievance Redressal

Committee or from the date on which the period specified in sub-section (6) of

section 4 expires, as the case may be, to the conciliation officer through the Trade

Union, of which he is a member:

Provided that in case of manual receipt of such application through

registered post or speed post or in person, the conciliation officer shall get the

same digitized and enter the particulars of the application in the online

mechanism under intimation to the Trade Union and worker.

CHAPTER III

TRADE UNIONS

9. Manner of Recognition of Negotiating Union or Negotiating Council.-

(1). Matters for negotiation between negotiating union or negotiating council

and employer for the workers employed in the industrial establishment under

sub-section (1) of section 14.- The matters pertaining to workers which the

negotiating union or the negotiating council, as the case may be, shall negotiate

with the employer of the industrial establishment under sub-section (1) of section

14 are specified, as below: -

(i) classification of grades and categories of workers;

(ii) order passed by an employer under the standing orders applicable in the

industrial establishment;

(iii) wages of the workers including their wage period, dearness allowance,

bonus, increment, customary concession or privileges, compensatory and other

allowances;

(iv) hours of work of the workers, rest days, number of working days in a

week, rest intervals, working of shifts;

(v) leave with wages and holidays;

(vi) promotion and transfer policy and disciplinary procedures;

(vii) quarter allotment policy for workers;

(viii) safety, health and working conditions and related standards;

(ix) such matters pertaining to conditions of service and terms of

employment of the workers which are not covered in the foregoing clauses; and

(x) any other matter which is agreed between employer of the industrial

establishment and negotiating union or negotiating council, as the case may be.

(2). Criteria for recognizing a single registered Trade Union of workers

as sole negotiating union of workers under sub-section (2) of section 14.-

Where there is only one registered Trade Union operating in an industrial

establishment having its membership not less than 30 percent of the total workers

employed in the industrial establishment, then the employer of such industrial

establishment shall recognize such Trade Union as sole negotiating union of the

workers.

(3). Manner of verification of membership of Trade Unions in an

industrial establishment under sub-sections (3) and (4) of section 14.- (i)(a)

The Commissioner of Labour shall appoint a verification officer (as defined in Rule

2 (g)) for the purpose of verification of membership of the Trade Unions in the

industrial establishment who shall not have any interest with any of the Trade

Unions in the industrial establishment, whose member ship verification is to be

carried out by him:

Provided that the process for recognition of the negotiating union or the

negotiating council, as the case maybe, shall commence three months before the

expiry of the tenure of the existing recognition period of the negotiating union or

the negotiating council, as the case may be, recognized by the employer under the

Code.

(b) The verification officer may utilize the services of other officers to assist

him depending upon the quantum of work of membership verification.

verification in the industrial establishment within the time as determined by the

State Government.

(ii) The employer of the industrial establishment shall bear all expenses and

make arrangements in connection with the verification of membership of trade

unions under clause (i).

(iii) (a) The Trade Unions which satisfy the following conditions may submit

an application to the employer of the industrial establishment to accord status of

negotiating union or the representatives of negotiating council of the workers, as

the case may be, namely:-

Such Trade Union has a valid registration under the Trade Unions Act, 1926

(16 of 1926) and continuing as such or has the registration under the Industrial

Relations Code, 2020 (35 of 2020), as the case may be; and

(b) The application for recognition made by Trade Union shall be

accompanied with a copy of the registration certificate, a copy of list of members,

details of the membership subscription and a copy of latest annual return of the

trade union submitted to the Registrar of Trade Unions.

(iv) (a) In case the negotiating union or negotiating council, as the case may

be, has been constituted under the Code, the employer of the industrial

establishment shall initiate action before expiry of the tenure of negotiating union

or negotiating council, as the case may be, sufficiently in advance but not later

than three months before the expiry of the tenure of negotiating union or

negotiating council, as the case may be;

(b) The date of reckoning for the purpose of verification of membership of the

trade unions shall be the 1^st day of the month in which the process of verification

commenced;

records submitted by trade unions, to the verification officer.

(d) On receipt of the documents and records, the verification officer shall

scrutinize the records and documents submitted by the trade union to ascertain

the status of registration of trade unions and related matters;

(e) The verification officer shall hold meeting with representatives of

employer of industrial establishment and all participating Trade Unions to decide

about the process of verification of the membership of Trade Unions through

secret ballot.

(f) The employer may, in consultation with the verification officer deploy an

electronic process for conducting the election over an information technology

application, online platform or like other platform.

(4). Verification of membership of Trade Unions through secret ballot.-

(i) The verification officer shall convene meeting of representatives of all registered

Trade Unions functioning in the industrial establishment at least sixty days before

the date of actual voting, to decide -

(a) publication of voters list;

(b) date, time, mode of voting, place of voting;

(d) other modalities relating to secret ballot.

(ii) The verification officer shall cause the minutes of the meeting to be

prepared and signed by all participating Trade Unions. All participating Trade

Unions shall be allotted symbols in the same meeting. If no decision could be

taken regarding date, time, mode of voting, place of voting, allotment of symbols,

date, time and place of counting and like other matters in the meeting, then, the

decision of the verification officer shall be final and he shall publish the schedule,

program and procedure of such secret ballot election.

(iii) All workers whose names are borne on the muster roll of the industrial

establishment on the date of reckoning shall be eligible to cast their vote.

(iv) The voters list shall be prepared by the employer of the industrial

establishment on the basis of names of the workers borne on the muster roll

referred to in clause (iii) and the voters list shall contain the name, father‘s name,

designation, worker number/identity card number issued by the employer and

place of posting of the worker. The final voter list shall be published by the

employer after obtaining the approval of verification officer and shall be displayed

at notice board at the main entrance and website, if any, of the industrial

establishment. A copy of such voters list shall also be sent to the participating

Trade Unions by hand or by registered post or through electronic mode.

(v) The verification officer shall display the list of the name of the

participating Trade Unions with the symbol allotted to them on the notice board at

the main entrance and website, if any, of the industrial establishment within two

days of finalization of the list.

(vi) The voting and counting of votes shall be held on the date, time and

place fixed by the verification officer under the supervision of the verification

officer and during the counting, agents of all participating Trade Unions shall be

allowed to remain present.

(vii) After final counting of votes, the result shall be declared by the

verification officer. The result sheet shall contain the name of all Trade Unions

participated in election, total number of votes polled and the number of votes cast

in favor of each of the trade unions which participated in the election.

(5). Verification report to the employer. -The verification officer shall

submit verification report along with the result sheet to the employer of industrial

establishment.

(6). Recognition of Trade Union as negotiating union or constituents of

negotiating council.- (i) On the basis of verification report submitted by

verification officer, the employer of the industrial establishment shall grant

recognition to a Trade Union as a negotiating union or a constituent of negotiating

council as per provisions of subsection(3) or sub-section (4) of section 14 of the

Code, as the case may be.

(ii) Any recognition either as negotiating union or the negotiating council

shall be valid for three years from the date of recognition or constitution or such

further period not exceeding five years, in total, as may be mutually decided by the

employer and the Trade Union, as the case may be:

(7). Facilities to be provided by industrial establishment to a

negotiating union or negotiating councils under sub-section (7) of section14,-

In an industrial establishment, where there is a negotiating union or negotiating

council, as the case may be, the employer of such industrial establishment shall

provide the following facilities to the negotiating union or negotiating council, as

the case may be, namely: -

(i) notice board for the purpose of displaying information relating to

activities; of negotiating union or negotiating council, as the case may be;

(ii) venue and necessary facilities for holding discussions by the

negotiating union or negotiating council, as the case may be, as per

schedule and agenda to be settled between employer of the industrial

establishment and the negotiating union or negotiating council, as the

case may be;

(iii) venue and necessary facilities for holding discussions amongst

the members of the negotiating union or constituents of negotiating

council, as the case may be;

(iv) facility for entrance of the office bearers of the negotiating

union or negotiating council, as the case maybe, in the industrial

establishment for the purposes of ascertaining the matters which are

relating to working conditions of the workers;

(v) employer of the industrial establishment shall deduct

subscription of the members of the Trade Union on the basis of the

written consent of the worker;

(vi) when the office bearers of the negotiating union or negotiating

council shall be holding meetings with the employer as per agreed

schedule between employer and such employed office bearers shall be

treated as on duty; and

(vii) employer of an industrial establishment, having three hundred

or more workers, shall provide suitable office accommodation with

necessary facilities to the negotiating union or negotiating council, as the

case may be.

10.

Recognition of Trade Union at State Level as per Section 27 (2) Code:

(i)

Where the State Government is of the opinion that it is necessary or

expedient that a Trade Union or Federation of Trade Unions to be recognised as

State Level Trade Union, it may recognise such State Level Trade Unions or

Federations of Trade Unions registered under the Code and which have presence

in at least 1/3rd of the Districts in the State.

(ii)

The State Government may notify by general or special order, the criteria

and method of verification and other incidental matters, for granting the status of

State Level Trade Unions or Federations of Trade Unions.

(iii)

The Commissioner of Labour shall be the authority to decide any dispute

arises in relation to the recognition

11. Manner of making application for adjudication of dispute before Tribunal

under sub-section (1) of section 22.- Where any dispute arises between –

(i) one Trade Union and another; or

(ii) one or more workers who are members of Trade Union and the Trade Union

regarding registration, administration or management or election of office bearers

of the Trade Union; or

(iii) one or more workers who are refused admission as members and the Trade

Union; or

(iv) where the dispute is in respect of a Trade Union which is a federation of Trade

Unions and office bearer authorized in this behalf by the Trade Union, then, the

aggrieved person may make application to the Tribunal having jurisdiction, in

Form II within a period of one year from the date on which the dispute arises,

electronically or by registered post or by speed post or in person.

CHAPTER IV

STANDING ORDERS

12. Model Standing Orders.– (1) The Model Standing Orders for the purposes of

the Code in respect of industrial establishments in, manufacturing sector and

service sector shall be those set out in Schedule-A, and Schedule-B appended to

these Rules.

(2). Forwarding of information to certifying officer.– (1)If the employer adopts

the model standing orders of the Central Government referred to in Section 29

with respect to matters relevant to his industrial establishment or undertaking,

then, he shall intimate the concerned certifying officer electronically, or in person,

or by speed post or by registered post, the specific date from which the provisions

of the model standing orders which are relevant to his establishment or

undertaking have been adopted.

(2) The model standing order adopted under sub-rule (1) shall apply to the

industrial establishment, and to all its units in the country.

(3) On receipt of information under sub-rule (1), the certifying officer shall enter

the details of the industrial establishment which has adopted the model standing

order in the register maintained under rule 20.

(4) Where, the certifying officer observes that the industrial establishment, which

has intimated adoption of model standing orders, is also engaged in activities other

than for which model standing orders have been adopted, then, he may, within a

period of thirty days from such receipt of intimation of model standing orders so

adopted, direct such employer to include or adopt certain provisions which are

relevant to his industrial establishment and indicate those relevant provisions and

direct such employer to comply the same within a period of thirty days from the

date of the receipt of such direction and send a compliance report only in respect

of those provisions which the certifying officer has so directed to get included.

(5) If no observation is made by the certifying officer within a period of thirty days

of the receipt of the information as specified in sub-rule (1), then, the model

standing order shall be deemed to have been certified by the certifying officer.

(6) The provisions of the model standing orders adopted in accordance with the

provisions of these rules shall remain in force with effect from the date specified in

sub-rule (1).

(7) Without prejudice to the provisions of this rule, the certifying officer shall not

raise any observation if the industrial establishment is engaged in activities which

are wholly covered by the activities of the industrial establishment to which the

standing orders apply.

13. Choosing of representatives of workers of the industrial establishment or

undertaking for issuing notice by Certifying Officer where there is no Trade

Union.– (1) Where there is no Trade Union as is referred to in clause (i) of sub-

section (5) of section 30, then, the certifying officer or any authorized officer in his

behalf, shall call a meeting of the workers to choose three representatives, to

whom he shall, upon their being chosen, issue notice along with a copy of the

standing order or modification, as the case may be, in English, as well as the

translation thereof in the language understood by the majority of the workers,

requiring comments or suggestions, if any, which the workers may desire to make

to the draft standing orders to be submitted within fifteen days from the date of

receipt of such notice.

(2) The Trade Union or negotiating union or constituent of negotiating council shall

be given a copy of the draft standing orders or modification, as the case may be, in

English, as well as the translation thereof in the language known by the majority

of the workers, for seeking their comments or suggestions, if any, within fifteen

days from the date of the receipt of the notice in this rule.

14. Authentication of certified standing order. –– The standing orders or the

modifications in the standing orders certified in pursuance of sub-section (8) of

section 30 shall be authenticated by the certifying officer and shall be sent

electronically, and a hard copy thereof by registered post or speed post, within

seven days from the date of such authentication to all concerned, that is to say,

the employer and all the registered Trade Unions or chosen representative of

workers:

Provided that there shall not be any requirement of authentication under

this rule in cases of deemed certification under sub-section (3) of section 30 and in

cases where the employer has certified adoption of model standing orders.

15. Statement to accompany draft standing orders. - (1) The statement to be

accompanied with a draft standing order shall contain, the particulars such as

name of the industrial establishment or undertaking concerned, address, email

address, contact number and the strength and details of workers employed therein

including particulars of Trade Union, if any, to which such workers belong.

(2) The statement to be accompanied with a draft modification in an existing

standing order, shall contain the particulars of such standing order which is

proposed to be modified along with a tabular statement containing details of each

of the relevant provision of that standing order in force and the proposed

modification therein and reasons therefore.

(3) The statement referred to in sub-rules (1) and (2) shall be signed by a person

authorized by the industrial establishment or undertaking.

(4) The model standing orders, if modified, shall also apply to all the units of the

industrial establishment or undertaking in the country.

16. Conditions for submission of draft standing orders in similar

establishment.–– In case of group of employers engaged in similar industrial

establishments, they may, after consultation with the concerned Trade Union,

submit a joint draft of standing order under section 30 and for the purpose of

proceedings specified in sub-sections (1), (5), (6),(8) and sub-section (9) thereof:

Provided that the joint draft of standing orders, in cases of group of

employers engaged in similar industrial establishments, shall be drafted and

submitted to the Additional Commissioner of Labour in the Office of the

Commissioner of Labour, who shall, in consultation with the concerned certifying

officers, certify or refuse to certify such joint draft standing orders, after recording

reasons therefore:

Provided further that certifying officer shall give notice to all the concerned

parties, and ensure reasonable opportunity of being heard before certifying the

standing orders.

17. Disposal of appeal by appellate authority.–– (1) An employer or Trade Union

or the negotiating union or negotiating council, or where there is no negotiating

union or negotiating council in an industrial establishment or undertaking, any

union or such representative body of the workers of the industrial establishment

or undertaking, may prefer an appeal against the order of the certifying officer

made under sub-section (5) of section 30 within sixty days of the receipt of such

order, and for that purpose draw up a memorandum of appeal in a tabular form

stating there in the provisions of the standing orders which are required to be

altered or modified or deleted or added along with the reasons therefore, and file it

electronically or in person with the appellate authority.

(2) The appellate authority shall fix a date for the hearing of the appeal and direct

notice thereof to be given, ––

(a) where the appeal is filed by the employer, to Trade Union or the negotiating

union or negotiating council, as the case may be, or where there is no

negotiating union or negotiating council in an industrial establishment or

undertaking, any union or such representative body of the workers of the

industrial establishment or undertaking;

(b) where the appeal is filed by a Trade Union or the negotiating union or

negotiating council, to the employer and the negotiating union or the

negotiating council or all other Trade Unions of the workers of the

industrial establishment, as the case may be, or where there is no

negotiating union or negotiating council in an industrial establishment or

undertaking, any union or such representative body of the workers of the

industrial establishment or undertaking; and

employer and other Trade Unions of the workers of the industrial

establishment, or where there is no trade union of the workers in an

industrial establishment or undertaking, any other worker who joins as a

party to the appeal.

(3) The appellant shall furnish each of the respondents with a copy of the

memorandum of appeal referred to in sub-rule(1).

(4) The appellate authority may at any stage of the proceeding call for any

evidence, if it considers necessary for the disposal of the appeal.

(5) On the date fixed under sub-rule (2) for the hearing of the appeal, the appellate

authority shall take such evidence as it may have called for or considers relevant,

if produced, and after hearing the parties, dispose of the appeal.

18. Sending of order and maintaining of standing orders. - (1) The order of the

appellate authority shall be sent electronically or otherwise within three days of

the disposal of appeal to the employer or Trade Union or the negotiating union or

negotiating council or any union or representative body of the workers, as the case

may be, by whom the appeal has been filed.

(2) The text of the standing orders as finally certified or deemed to have been

certified or adopted model standing orders under this Chapter, shall be

maintained by the employer in English and in Telugu.

(3) The certified standing orders shall be displayed in legible condition by the

employer on the special board to be maintained for the purpose at the entrance or

near the entrance of the industrial establishment through which majority of

workers enter and may also be posted on the designated portal/website, if any, of

such industrial establishment.

19. Register for filing finally certified copy of standing orders.–– (1) The

certifying officer shall maintain electronically, a register in Form-III, of all finally

certified standing orders or deemed to have been certified or adopted model

standing orders, of all the concerned industrial establishments, which shall,

contain details of –

(a) the unique number assigned to each standing order;

(b) name of industrial establishment;

(d) date of certification or deemed certification or date of adoption of model

standing orders by each establishment or undertaking;

(e) the areas of operation of the industrial establishment; and

(f) such other details as may be relevant and helpful in retrieving the

standing orders and create a data base of such of all standing orders.

(2) The certifying officer shall furnish a copy of the certified standing orders or

deemed certified standing orders referred to in sub-rule (1) to any person applying

there for, on payment of two rupees per page of the certified standing orders or

deemed certified standing orders, as the case may be.

(3) The payment of fee for getting certified standing orders may also be made

through electronic mode.

20. Application for modification of standing orders.– The application for

modification of an existing standing orders under sub-section (2) of section 35

shall be submitted electronically or in person or by registered post or speed post

and shall contain the particulars of such standing orders which are proposed to be

modified along with a tabular statement containing details of each of the relevant

provisions of standing order in force, and proposed modifications therein, reasons

thereof and the details of registered Trade Unions operating therein, and such

statement shall be signed by a person authorized by the industrial establishment

or undertaking or workers or a Trade Union or other representative body of the

workers, as the case may be, who has submitted such application for modification.

CHAPTER V

NOTICE OF CHANGE

21. Notice for change proposed to be effected.– (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-

IV electronically or by registered post with acknowledgement due or in person, to

such workers likely to be affected by such change and shall also upload such

notice on the designated portal, if any, of the industrial establishment.

(2) The notice referred to in sub-rule (1) shall be displayed conspicuously by the

employer on the notice board or on the electronic notice board at the main

entrance of the industrial establishment:

Provided that when there is a registered Trade Union or registered Trade

Unions or a negotiating union or negotiating council relating to the concerned

industrial establishment, a copy of such notice shall also be served in the manner

specified in sub-rule (1) on the secretary of such Trade Union or each of the

secretaries of such Trade Unions, or secretary of the negotiating union or

constituent of negotiating council, as the case may be.

CHAPTER VI

VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION

22. Form of arbitration agreement and manner of signing by parties thereto.

–– (1) The employer and workers may agree to refer any industrial dispute to

arbitration by entering into an arbitration agreement as provided in Form- V.

(2) The arbitration agreement referred to in sub-rule (1) shall be signed by the

parties to the said agreement and it shall be accompanied by the consent, either in

writing or electronically, of arbitrator or arbitrators.

(3) The arbitration agreement referred to in sub-rule (1) shall be signed

(i) in case of an employer, by the employer himself, or when the employer is

an incorporated company or other body corporate, by the agent, manager or

other officer of the company or corporation authorized for such purpose;

(ii) in the case of workers, by the officer of the registered Trade Union

authorized in this behalf or by five representatives of the workers duly

authorized in this behalf at a meeting of the concerned workers held for

such purpose; and

(iii) in the case of an individual worker, by such worker himself or by an

officer of the registered Trade Union, of which the worker is a member, or by

another worker in the same establishment duly authorized by him in this

behalf.

Explanation.–- For the purposes of this rule, the term ― “officer”,–

(a) in case of an association of the employers, means any officer of such

association of the employers authorized for such purpose; and

(b) in case of a registered Trade Union, means any of the following officers of

such Trade Union authorized for such purpose, namely:–

(i) President; or

(ii) Vice-President; or

(iii) Secretary (including the General Secretary); or

(iv) a Joint Secretary; or

(v) any other officer of such Trade Union authorized in this behalf by the

President and Secretary of such Trade Union.

23. Issuing of notification.- Where an industrial dispute has been referred to

arbitration and the State Government is satisfied that the persons making the

reference represent the majority of each party, it shall publish a notification in this

behalf in the Official Gazette and upload it on the website of the State Labour

Department for the information of the employers and workers who are not parties

to the arbitration agreement but are concerned in the dispute so that they may

present their case before the arbitrator or arbitrators appointed for such purpose.

24. Choosing of representatives of workers where there is no Trade Union.–

Where there is no Trade Union, the representative of workers to present their case

before the arbitrator or arbitrators, in pursuance of clause (c) of the proviso to

sub-section (5) of section 42, shall be chosen by a resolution passed by the

majority of concerned workers in Form- VI authorizing therein to represent the

case and the workers shall be bound by the acts of their representatives who have

been so chosen to represent before the arbitrator or arbitrators, as the case may

be.

CHAPTER VII

MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES

25. Holding of conciliation proceedings, full report, and application and the

manner of deciding such application. –– (1) Where the conciliation officer

receives any––

(a) notice of a strike or lockout given under rule 27 or rule 28; or

(b) application in respect of an existing industrial dispute; or

then, he shall––

(i) in case of clause (a), enter the details on the designated portal and hold

conciliation proceedings and inform the concerned parties the date of

sitting for such purpose;

(ii) in case of clause (b), enter the details on the designated portal and

examine the application and if he finds that such dispute pertains to the

jurisdiction of Central Government, transfer the application to the

concerned authority or otherwise proceed with the application and hold

the conciliation in respect thereof; and

(iii) in case of clause (c), enter the details on the designated portal and issue

a fresh notice to the parties concerned declaring his intention to

commence conciliation proceedings.

(2) The employer‘s representative and the worker‘s representative shall, on receipt

of the notice referred to in sub-rule(1), submit their respective statements in

respect of the said dispute in the first meeting of the conciliation proceedings.

(3) The conciliation officer shall, without delay, ascertain the facts and

circumstances relating to the dispute and enquire into all matters affecting the

merits and right settlement thereof and hold conciliation proceedings between the

parties to the dispute and may do all such things as he thinks fit for the purpose

of inducing the parties to come to a fair and amicable settlement of the dispute.

(4) If no settlement is arrived at in the conciliation proceedings referred to in sub-

rule (3), the conciliation officer shall, within seven days from the date on which the

conciliation proceedings are concluded, upload a report on designated portal of the

State Labour Department and forward a copy thereof through electronic mode or

by registered post or speed post or in person to the parties to the dispute and to

the Government. The report shall be made accessible to the parties concerned on

the said designated portal by the State Labour Department.

(5) If a settlement of the dispute or of any of the matters in dispute is arrived at in

the course of the conciliation proceedings, the conciliation officer shall, apart from

submitting a report thereof to the appropriate Government or an officer authorized

in this behalf by that Government along with a memorandum of the settlements

signed by the parties to the dispute, also upload such report and memorandum of

settlement on the designated portal of State Labour Department.

(6) The report referred to in sub-rule (4) shall, inter alia, contain the submissions

of the employer, worker or Trade Union, as the case may be, involved in the

dispute and it shall also contain the efforts made by the conciliation officer to

bring the parties to an amicable settlement, reasons for refusal of the parties to

resolve the dispute and the conclusion arrived at by the conciliation officer.

(7) All the evidences before the conciliation officer, except the documentary

evidence, shall be filed in the form of affidavit and the parties to the dispute shall

also file the application or, as the case may be, reply or rejoinder thereof in the

form of an affidavit.

26. Application for recovery of dues. –– (1) Where any money is due from an

employer to a worker or a group of workers under a settlement or an award or

under the provisions of Chapter IX or Chapter X of the Code, the worker or the

group of workers, as the case may be, may apply in Form VII for the recovery of

such money due:

Provided that in the case of a person authorized in writing by the worker, or

in the case of the death of the worker, the assignee or heir of the deceased worker

shall make the application in Form VIII

(2) Where any worker or a group of workers is entitled to receive from the employer

any money or any benefit which is capable of being computed in terms of money,

the worker or the group of workers, as the case may be, may apply to the Tribunal

having jurisdiction, in Form IX for the determination of the amount due or, as the

case may be, the amount at which such benefit should be computed, and such

Tribunal shall decide the application within a period not exceeding three months

from the date on which the application is filed:

Provided that in the case of the death of a worker referred to in this sub rule,

the application shall be made in Form X by the assignee or heir of the deceased

worker.

CHAPTER VIII

STRIKES AND LOCK-OUTS

27. Number of persons by whom notice of strike shall be given, person or

persons to whom such notice shall be given and manner of giving such

notice.– (1) The notice of strike referred to in sub-section (1) of section 62 shall be

given to the employer of an industrial establishment in Form- XI, which shall be

duly signed by the Secretary of the concerned registered Trade Union or where

there is no registered Trade Union, by five elected representatives of the workers

giving the notice relating to the concerned industrial establishment, endorsing the

copy there of electronically or by registered post or speed post to the concerned

conciliation officer, and the Commissioner of Labour.

(2) The date of receipt of the notice referred to in sub-section (1) shall be the date

of receiving the notice for the purposes of clause (a) of sub-rule (1) of rule 23.

(3) If the employer of an industrial establishment receives any notice of strike as

referred to in sub-section (1) of section 62 from any person employed by him, then

he shall, within five days from the date of receiving of such notice, intimate the

same electronically to the concerned conciliation officer and the Commissioner of

Labour.

28. Notice of lock-out and authority.– (1) The notice of lock-out referred to in

sub-section (2) of section 62 shall be given by the employer of an industrial

establishment in Form-XII to the Secretary of every registered Trade Union

relating to such industrial establishment by registered post or speed post or

electronically, endorsing a copy thereof to the concerned conciliation officer, and

the Commissioner of Labour electronically.

(2) The notice referred to in sub-rule (1) shall be displayed conspicuously by the

employer on a notice board or on electronic board at the main entrance to the

industrial establishment and a copy of the said notice may also be posted on the

designated portal, if any, of such industrial establishment and the date of receipt

of such notice by the conciliation officer shall be the date of receiving the notice for

the purposes of clause (a) of sub-rule (1) of rule 25.

(3) If the employer gives to any person employed by him a notice of lock-out, then

he shall, within five days from the date of such notice, intimate electronically the

same to the concerned conciliation officer and the Commissioner of Labour.

CHAPTER IX

LAY-OFF, RETRENCHMENT AND CLOUSURE

29. Service of notice before retrenchment of worker.– If any employer desires

to retrench any worker employed in his industrial establishment who has been in

continuous service for not less than one year under him, then, such employer

shall give prior notice of such retrenchment in Form-XIII to the State Government

and to the concerned Deputy Commissioner of Labour, Joint Commissioner of

Labour concerned and the Commissioner of Labour through e-mail or, by

registered or speed post, in the following manner, namely: ––

(a) where notice is given to a worker notice of retrenchment shall be sent

within three days from the date on which notice is served on the worker;

(b) where no notice is given to the worker and he is paid one month‘s wages

in lieu thereof, notice of retrenchment shall be sent within three days

from the date on which such wages are paid; and

date for the termination of service, notice of retrenchment shall be sent

so as to reach the State Government and a copy thereof to the concerned

Deputy Commissioner of Labour, at least one month before such date:

Provided that if the date of termination of service agreed upon is within

thirty days of the agreement, the notice of retrenchment shall be sent to State

Government along with a copy thereof to the Deputy Commissioner Labour

concerned within three days of the agreement.

30. Manner of giving an opportunity for re-employment to retrenched

workers.– (1) The employer shall prepare a list of all workers in the particular

category from which retrenchment is contemplated, arranged according to the

seniority of their service in that category and cause a copy thereof to be pasted on

a notice board in a conspicuous place in the premises of the industrial

establishment at least seven days before the actual date of retrenchment.

(2) When any vacancy occurs in an industrial establishment and there are workers

of such industrial establishment retrenched within one year prior to the proposal

for filling such vacancies, then, the employer of such industrial establishment

shall, if such workers are citizens of India and have given their willingness for

employment, give them preference over other on the basis of their service seniority.

(3) The employer shall arrange for the display on a notice board in a conspicuous

place in the premises of the industrial establishment the details of vacancies at

least fifteen days before the date on which such vacancies are to be filled and shall

also give intimation of those vacancies by registered post or speed post or through

e-mail to every one of all the retrenched workers eligible to be considered there for,

to the latest address or e-mail, given by each of them at the time of retrenchment

or at any time thereafter:

Provided that when the number of such vacancies is less than the number of

retrenched workers, it shall be sufficient if the intimation is given by the employer

individually to the senior most retrenched workers in the list referred to in sub-

rule (1) and the number of such senior-most workers being double the number of

such vacancies:

Provided further that where the vacancy is of duration of less than one

month there shall be no obligation on the employer to send intimation of such

vacancy to individual retrenched workers:

Provided also that if a retrenched worker, without sufficient cause being

shown in writing to the employer, does not offer himself for re-employment on the

date or dates specified in the intimation sent to him by the employer under this

sub-rule, the employer may not intimate to him the vacancies that may be filled on

any subsequent occasion.

(4) Immediately after complying with the provisions of sub-rule (3), the employer

shall also inform the negotiating union or the constituent of negotiating council or

Trade Unions connected with the industrial establishment, of the number of

vacancies to be filled and names of the retrenched workers to whom intimation

has been sent under that sub-rule:

Provided that the provisions of this sub-rule need not be complied with by

the employer in any case where intimation is sent to every worker mentioned in

the list prepared under sub-rule (1).

31. Service of notice by employer for intended closure.- (1) If an employer

intends to close down an industrial establishment, he shall give notice within the

time as specified in sub-section (1) of section 74 of such closure in Form –XIII to

the State Government and a copy thereof to the concerned Deputy Commissioner

of Labour, by e-mail or registered post or speed post.

(2) A copy of the notice referred to in sub-rule (1) shall also be sent to the

registered Trade Unions or authorised representatives of workers, as the case may

be, operating in the Industrial establishments.

CHAPTER X

SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND

CLOSURE IN CERTAIN ESTABLISHMENTS

32. Manner of making application to State Government by employer for the

intended lay-off and manner of serving copy of such application to workers.–

(1) An application for permission under sub-section (1) of section 78 shall be made

by the employer in Form-XIV to the State Government with a copy to the

concerned Deputy Commissioner of Labour stating clearly therein the reasons for

the intended lay-off and a copy of such application shall be served simultaneously

to the workers concerned electronically, or in person, or by registered post or

speed post.

(2) The application referred to in sub-rule (1) shall also be displayed conspicuously

by the employer on a notice board or on electronic board at the main entrance of

the industrial establishment.

33. Application of permission from State Government to continue lay-off.–

The employer shall, in case of an industrial establishment being a mine specified

in sub-section (3) of section 78, where the workers (other than Badli workers or

casual workers) have been laid-off under sub-section (1) of the said section for

reasons of fire, flood or excess of inflammable gas or explosion, within a period of

thirty days from the date of commencement of such layoff, make an application to

the State Government in Form-XIV electronically and by registered or speed post

with a copy to the concerned Deputy Commissioner of Labour for permission to

continue the lay-off–

(a) specifying the number of days;

(b) intimating the number of workers to be laid off;

(d) the date of layoff; and

(e) the reasons for continuation of such lay-off.

34. Time-limit for review.– (1) The State Government may, either on its own

motion or on the application made by the employer or any worker, review its order

granting or refusing to grant permission under sub-section (4) of the section 78.

(2) The employer or any worker concerned, along with the order referred to in sub-

rule (1), may make an application, within thirty days from the date on which the

order is made, to the State Government for reviewing the order and that

Government shall, within two months from the date on which the application is

made, dispose of the same after providing the concerned parties an opportunity of

being heard.

(3) Where the State Government decides to review the order referred to in sub-

section (1) on its own motion, it may take necessary steps within one month from

the date on which the order is made and after providing the concerned parties an

opportunity of being heard, dispose of such review within a period of two months

from the date on which such decision is taken.

35. Manner of making application to State Government by employer for

intended retrenchment and manner of serving copy of such application to

workers.– (1) An application for prior permission referred to in clause (b) of sub-

section (1) of section 79 shall be made by the employer in Form- XIV electronically

with a copy to the concerned Deputy Commissioner of Labour, stating clearly there

in the reasons for the intended retrenchment and a copy of such application shall

be sent to the concerned workers electronically, or in person, or by registered post

or speed post.

(2) The application referred to in sub-section (1) shall also be displayed

conspicuously by the employer on a notice board or on electronic board at the

main entrance to the industrial establishment.

36. Time-limit for review.– (1) The State Government may, either on its own

motion or on the application made by the employer or any worker, review its order

granting or refusing to grant permission under sub-section (3) of section 79.

(2) The employer or any worker concerned, along with the order referred to in sub-

rule (1), may make an application within thirty days from the date on which such

order is made, to the State Government for reviewing that order and that

Government shall within a period of two months from the date on which such

application is made, dispose of the application after providing the concerned

parties an opportunity of being heard.

(3) Where the State Government decides to review the order referred to in sub-

section (1), on its own motion, it may take necessary steps within one month from

the date on which such order is made and after providing the concerned parties an

opportunity of being heard, dispose of such review within a period of two months

from the date on which such decision is taken.

37. Application to State Government by employer for intended closing down

of an industrial establishment and manner of serving copy of such

application to representatives of workers.– An employer who intends to close

down an industrial establishment, to which the provisions of Chapter X of the

Code apply, shall apply to the State Government in Form XIV electronically for

prior permission with a copy to the concerned Deputy Commissioner of Labour, at

least ninety days before the date on which the intended closure is to become

effective, stating clearly therein the reasons for such intended closure of the

industrial establishment and simultaneously a copy of such application shall also

be sent to the representatives of the workers electronically and in person, or by

registered post or speed post.

38. Time-limit for review.– (1) The State Government may, either on its own

motion or on an application made by the employer or any worker, review its order

granting or refusing to grant permission under sub-section (2) of section 80.

(2) The employer or any worker concerned may make an application along with the

order referred to in sub-rule (1),within thirty days from the date on which such

order is made, to the State Government for reviewing that order and that

Government shall, within two months from the date on which such application is

made, dispose of that application after providing the concerned parties an

opportunity of being heard.

(3) Where the State Government decides to review the order referred to in sub-

section (1) on its own motion, it may take necessary steps within one month from

the date on which the order is made, and after providing the concerned parties an

opportunity of being heard, dispose of such review within a period of two months

from the date on which such decision is taken.

CHAPTER XI

WORKER RE-SKILLING FUND

39. Manner of utilisation of fund.– (1) Every employer who has retrenched a

worker or workers in his industrial establishment under the Code, shall, within

ten days from the date of such retrenchment, electronically transfer an amount

equivalent to fifteen days of last drawn wages of such retrenched worker or

workers into the account of the Assistant Commissioner of Labour having

jurisdiction over the establishment (name of the account shall be displayed on the

website of the State Labour Department).

(2) The fund so received under sub-rule (1) shall be transferred by the Office of the

Assistant Commissioner of Labour electronically to each of the retrenched worker

account or retrenched workers‘ accounts, as the case may be, within forty-five

days of retrenchment to enable him utilise that amount for his re-skilling.

(3) The employer shall also submit the list containing the name of each retrenched

worker, the amount equivalent to fifteen days of wages last drawn by such

retrenched worker along with his bank account details, to the Office of the

Assistant Commissioner of Labour, Deputy Commissioner of Labour and the Joint

Commissioner of Labour having jurisdiction over the establishment.

CHAPTER XII

OFFENCES AND PENALTIES

40. Manner of composition of offence by a Gazetted Officer and the manner

of making application for compounding of any offence.– (1) The officer notified

by the State Government for the purposes of compounding of offences under sub-

section (1) of section 89 (hereinafter referred to as the compounding officer) shall,

if he is of the opinion that any offence under the Code for which the compounding

is permissible under the said section and in respect of which prosecution is not

instituted, send a notice to the accused in Form XV consisting of three parts

through the designated portal of the State Labour Department.

(2) In Part I of Form XV, the compounding officer shall, inter alia, specify––

(a) the name of the offender and his other particulars;

(b) the details of the offence and the section under which the offence has

been committed; and

such offence.

(3) In Part II of the Form XV, the compounding officer shall specify the

consequences if the offence is not compounded, and Part III of the said Form shall

contain the application to be filed by the accused, if he desires to compound the

offence.

(4) Each notice referred to in sub-rule (1) shall have a continuous unique number

containing alphabets or numerical and other details such as compounding officer

concerned, industrial establishment, year, place and type of inspection for the

purpose of easy identification.

(5) The accused to whom the notice referred to in sub-rule (1) is served, may send

the duly filled up application in Part III of the notice, in the account specified by

the compounding officer in the notice, Form XV to the compounding officer

electronically and deposit the compounding amount electronically, or by cash, or

demand draft, as the case may be, within fifteen days of the receipt

(6) Where the prosecution has already been instituted against the accused in the

court of competent jurisdiction, the accused may make an application to such

court to allow composition of the offence against him and that court may, after

considering the application, allow composition of the offence by the compounding

officer in accordance with the provisions of section 89 and procedure specified in

this rule.

(7) If the accused complies with the requirement of sub-rule (5), the compounding

officer shall compound the offence for the amount of money deposited by the

accused and––

(a) if the offence is compounded before the institution of prosecution, then,

no complaint for prosecution shall be instituted against the accused;

(b) if the offence is compounded pending proceeding under section 85, the

compounding officer shall intimate the composition to the officer referred

to in that section, who shall, after intimation, close the proceeding in

respect of the accused person of such offence; and

sub-rule (6) with the permission of the court, then, the compounding

officer shall treat the case as closed and intimate the composition of the

offence to the competent court by which such composition was allowed

and after receiving such intimation, the court shall discharge the accused

person and close the prosecution.

(8) The compounding officer shall exercise the powers to compound offence under

this rule, subject to the direction, control and supervision of the State

Government.

CHAPTER XIII

MISCELLANEOUS

41. Protected workers.- (1) Every registered Trade Union connected with an

industrial establishment, to which the provisions of the Code apply, shall

communicate to the employer before the 30th April of every year, the names and

addresses of such of the officers of such Trade Union who are employed in that

establishment and who, in the opinion of such Trade Union should be recognized

as protected workers.

(2) Any change in the incumbency of any officer of the Trade Union referred to in

sub-rule (1) shall be communicated to the employer by such Trade Union within

fifteen days of such change.

(3) The employer shall, within fifteen days of the receipt of the names and

addresses from the Trade Union under sub-rule(1) and subject to the provisions of

sub-section (3) and sub-section (4) of section 90, recognize such workers to be

protected workers for the purposes of the said section and communicate to such

Trade Union, in writing, the list of workers recognized as protected workers for a

period of twelve months from the date of such communication.

(4) Where the total number of names received by the employer under sub-rule (1)

exceeds the maximum number of protected workers, admissible for the industrial

establishment under sub-section (4) of section 90, the employer shall recognize

only such maximum number of workers as protected workers:

Provided that where there is more than one registered Trade Union in the

industrial establishment, the maximum number shall be so distributed by the

employer among the Trade Unions that the numbers of recognized protected

workers in individual Trade Unions bear practicably the same proportion to one

another as the membership figures of the Trade Unions; and the employer shall in

that case intimate in writing to the President or the Secretary of each of the

concerned Trade Union, the number of protected workers allotted to it:

Provided further that where the number of protected workers allotted to

such a Trade Union under this sub-rule falls short of the number of officers of

such Trade Union seeking protection, then that Trade Union shall be entitled to

select the officers to be recognized as protected workers; and such selection shall

be made by that Trade Union and communicated to the employer within five days

of the receipt of written intimation of the employer in this regard.

(5) Where a dispute arises between an employer and any registered Trade Union in

any matter connected with the recognition of protected workers under this rule,

such dispute shall be referred to the concerned Assistant Commissioner of Labour

or the Deputy Commissioner of Labour or the Joint Commissioner of Labour

whose decision thereon shall be final.

42. Complaint by an aggrieved employee.– (1) Every complaint of an aggrieved

employee under section 91 shall be made electronically, or by registered post or

speed post in Form-XVI and shall be accompanied by as many copies thereof for

each of the opposite parties mentioned in such complaint.

(2) Every complaint under sub-rule (1) shall be verified by the aggrieved employee

making the complaint or by the authorized representative of such employee proved

to the satisfaction of the conciliation officer, arbitrator, Tribunal or the National

Industrial Tribunal, as the case may be, to be acquainted with the facts of the

case.

43. Authorisation of worker for representing in any proceeding.– Where the

worker is not a member of any Trade Union, then, any member of the executive or

other office-bearer of any Trade Union connected with or by any other worker

employed in the industry in which the worker is employed, may be authorized in

Form-VI by such worker to represent him in any proceeding under the Code

relating to a dispute in which that worker is a party.

44. Authorisation of employer for representing in any proceeding.– Where an

employer is not a member of any association of employers, then, such employer

may authorize in Form-VI, an officer of any association of employers connected

with, or by any other employer engaged in, the industry in which the employer is

engaged, to represent him in any proceeding under the Code relating to a dispute

in which that employer is a party.

45. Enquiry.– (1) On receipt of a complaint of the offence committed under sub-

sections (3), (5), (7), (8), (9), (10),(11) and (20) of section 86 and sub-section (7) of

section 89, the same shall be enquired into by an officer not below the rank of

Deputy Commissioner of Labour appointed by the State Government for such

purpose under sub-section (1) of section 85 (hereinafter referred to as the enquiry

officer for composition of offences.

(2) On receipt of the complaint, the enquiry officer shall call upon the person or

persons through a notice to be sent electronically, or by registered post or speed

post and upload a copy of the same on the designated portal of the State Labour

Department, to appear before him on a specified date together with all relevant

documents and witnesses, if any, and shall inform the complainant of the date so

specified. Where a party so desires, he may request in writing to the enquiry officer

to issue notice in the enquiry only by post and also in cases where the enquiry

officer feels that no electronic means of communication are available to the parties

concerned, he may send such notice by registered post or speed post.

(3) If the person, to whom notice has been issued under sub-rule (2), or his

representative fails to appear on the specified date, the enquiry officer may proceed

to hear and determine the complaint ex-parte.

(4) If the complainant fails to appear on the specified date without any intimation

to the enquiry officer on two consecutive dates, the enquiry officer may dismiss the

complaint:

Provided that not more than three adjournments may be given on the joint

application made by complainant and the opposite party:

Provided further that the enquiry officer shall at his discretion permit

hearing the parties or any of the party, as the case may be, through video

conferencing.

(5) The authorisation to appear on behalf of any person, under sub-section (2) of

section 85 shall be given by a certificate or electronic certificate, as the case may

be, which shall be presented to the enquiry officer during the hearing of the

complaint and shall form part of the record.

(6) Any person who intends to appear in the proceeding on behalf of complainant

shall present himself before the enquiry officer and submit a brief statement in

writing explaining the reason for his appearance.

(7) The enquiry officer shall record an order on the statement referred to in sub-

rule (6) permitting the person referred to in that sub-rule to appear in the

proceeding on behalf of complainant, and in the case of refusing such permission,

the enquiry officer shall include reasons for the same, and incorporate it in the

record.

(8) The complaint or other documents relevant to the complaint may be presented

in person to the enquiry officer at any time during hours fixed by the enquiry

officer, or may be sent to him electronically, or by registered post or speed post

and the opposite party shall have the right to reply the complaint and such other

documents.

(9) The enquiry officer shall endorse, or cause to be endorsed, on each document

the date of its presentation or receipt, as the case may be, and if the documents

are submitted electronically, no such endorsement shall be necessary.

(10) The enquiry officer may refuse to entertain a complaint, if he considers that

the complaint is incomplete and may ask the complainant to rectify the defects

within the time specified by him for such purpose:

Provided that if the enquiry officer finds that it is not possible to rectify the

defects in the complaint, he may at once return such complaint indicating the

defects.

(11) Where the complaint is presented again, after rectification of the defects, the

date of such re-presentation shall be deemed to be the date of presentation for the

purpose of sub-section (1) of section 85.

(12) The enquiry officer may, after giving the complainant an opportunity of being

heard, refuse to entertain a complaint presented under sub-section (1) of section

85, if he is satisfied for reasons to be recorded in writing that—

(a) the complainant is not entitled to present the complaint; or

(b) the complainant has filed the complaint beyond six months from the date

on which the offence complained is committed;

under sub-section (2) of section 85.

(13) The enquiry officer shall, in all cases, mention the particulars at the time of

passing of order containing the details, such as, the date of complaint, name and

address of the complainant, name and address of the opposite party or opposite

parties, section-wise details of the offence committed, plea of the opposite party,

findings and brief statement of the evidence taken including cross examination,

reasons and penalty imposed with his signature, date and place.

(14) The enquiry officer shall, in respect of procedure, be guided by the provisions

of the relevant Orders of the First Schedule of the Code of Civil Procedure, 1908 (5

of 1908), with such alterations as the enquiry officer may deem fit, not affecting

their substance, for adapting them to the matter before him, and save where they

conflict with the express provisions of the Code or these rules.

(15) The enquiry officer shall, after the case has been heard, pass an order or give

a direction on the same day or on a future date to be fixed for this purpose.

(16) Any person, who is either a complainant or an opposite party or his

representative, or any person permitted under sub-rule (7) shall be entitled to

inspect any complaint, or any other document filed with the inquiry officer, in a

case to which he is a party or representing a party.

46. Expenses of witness.– Every person, who attends or otherwise appears on

receipt of a summon, as a witness before a Tribunal or a National Industrial

Tribunal or an arbitral tribunal, shall be entitled to an allowance for expenses on

the same rates as applicable to witnesses in the civil court in the State where such

enquiry, adjudication or arbitration, as the case may be, is being conducted.

47. Submission of a copy of certain Forms to office of Director General,

Labour Bureau.– A copy each of Form XI (notice of strike), Form XII (notice of

lockout), Form XIII (notice for intimation of retrenchment or closure to the State

Government), Form XIV (application for permission of lay-off or retrenchment or

closure) and Form XV (compounding of offences), shall be shared electronically

with the Director General, Labour Bureau.

48. Publication for communication.– For the purposes of communication to

effect service of messages and documents under these rules, the State

Government, National Industrial Tribunal, Tribunal, every employer for which the

State Government is the appropriate Government, every Trade Union, negotiating

union or the constituents of negotiating council and every authority referred to in

these rules, shall specify their e-mail id or website or portal or any or all of them,

as the case may be, in their respective letter-heads.

49. Maintenance of records, registers, forms, notice and display board.– (1) All

records, registers, forms, notices, display boards and other documents which are

required to be maintained under the Code and under these rules shall also be

maintained in electronic manner in the required format or containing the

information as is required.

(2) The records, registers, forms, notices, display boards and other documents

referred to in sub-rule (1) shall comply with the requirement of retention of records

and shall be produced or shown as and when required by the Inspector-cum-

Facilitator or the concerned authority specified in this behalf under the Code or

these rules.

50. Appointment of Commissioner.- Where it is necessary to appoint a

Commissioner under sub-section (3) of section 59 for the purposes of computing

the money value of a benefit referred to in sub-section (2) of the said section, the

Tribunal may appoint a ––

(a) person with experience in the particular industry, trade, business or field

encompassing the question referred to in sub-section (2) of the said

section; or

(b) person who had been a judge of a civil court; or

(d) registrar or secretary of, a Tribunal constituted under any State Act or, a

Tribunal or a National Industrial Tribunal constituted under the Code.

51. Fees for Commissioner, etc.- (1) The Tribunal shall, after consultation with

the parties, estimate the probable duration of enquiry by the Commissioner

referred to in rule 50 and fix the amount of his fees and other incidental expenses

incurred by him.

(2) The Tribunal shall direct the payment of fees and other incidental expenses to

the Commissioner into the nearest treasury, within a specified time, by such party

or parties and in such proportion, as it may deem fit.

(3) The Commissioner shall not submit his report until the receipt of deposit into

the treasury of the sum referred to in sub-rule (2) is filed before the Tribunal:

Provided that the Tribunal may, for reasons to be recorded in writing, direct

that any further sum or sums be deposited into the treasury within such time and

by such parties as it may deem fit:

Provided further that the Tribunal may in its discretion, extend the time for

depositing such sum into the treasury.

(4) The Tribunal may, at any time, for reasons to be recorded in writing, vary the

amount of the Commissioner‘s fees in consultation with the parties.

(5) The Tribunal may direct that the fees shall be disbursed to the Commissioner

in such installments and on such date as it may deem fit.

(6) The undisbursed balance, if any, of the sum deposited under this rule shall be

refunded to the respective party or parties who deposited the sum in the same

proportion as that in which it was deposited.

52. Time for submission of report.- (1) Every order for the appointment of

Commissioner under sub-section (3) of section 59 shall indicate a date, allowing

sufficient time, for the Commissioner to submit his report.

(2) If for any reason the Commissioner anticipates that the date fixed for the

submission of his report is likely to be exceeded, he shall apply, before the expiry

of the said date, for extension of time setting forth grounds thereof and the

Tribunal shall, after consideration, pass suitable orders on such application:

Provided that the Tribunal may, if it deems fit for sufficient cause, grant extension

of time even where no application for such extension has been received from the

Commissioner within the time limit allowed under sub-rule (1).

53. In the place Andhra Pradesh Trade Union Regulations, 1927 made under the

Trade Unions Act. 1926 (16 of 1926) which has been repealed under Section 104

of the Code, The Andhra Pradesh Trade Union Regulations are adopted as per the

Appendix.

(B) Name and Address of Opposite party(ies)

Brief facts of the dispute (statement regarding specific issues of dispute may be

mentioned) which are connected with and relevant to the dispute under sub-

section (1) of Section 22 of Industrial Relation Code, 2020 (35 of 2020).

Prayer:

The applicant(s) pray(s) that instant application may be admitted for adjudication

and request(s) to pass appropriate award in the matter.

Name and signature of the worker(s) or

Officer of Trade union, raising the dispute

FORM III

(See rule 19)

(REGISTER FOR CERTIFIED STANDING ORDERS)

PART I

Industrial Establishment

Unique and

continuous

number

Name of the

industrial

establishment

Nature of the

industrial

establishment

Whether

standing order is

(a) model

standing order,

(b) deemed

standing order

Date of adoption

or date of

deemed

authentication or

date of

certification /

authentication of

standing order

(1)

(2)

(3)

(4)

(5)

Date of

filing

appeal

Date and

nature of

decision

Amendment

made on

appeal, if any

Date of the

dispatch of the

copy of

Any other

relevant detail

standing orders

as settled on

appeal

(6)

(7)

(8)

(9)

(10)

Part-II

Should contain the certified copy of the Standing Orders electronically.

FORM- IV

(See rule 21)

(NOTICE OF CHANGE OF SERVICE CONDITIONS PROPOSED BY AN EMPLOYER)

Name of employer................................................................................................

Address...............................................................................................................

Dated the ............................................ day of ................................. 20..............

In accordance with sub-section (1) of section 40 of the Industrial Relations

Code, 2020 (35 of 2020), I/We hereby give notice to all concerned that it is my/our

intention to effect the change/changes specified in the annexure, with effect from

............. in the conditions of service applicable to workers in respect of the matters

specified in the Third Schedule to the said Code.

Signature.....................

Designation .................

ANNEXURE

(Here specify the change/changes intended to be effected)

Copy forwarded to:

1. The Secretary of registered Trade Union, if any.

2. Concerned Deputy Commissioner of Labour.

FORM-V

(See rule 22)

(AGREEMENT FOR VOLUNTARY ARBITRATION)

Between

………………Name of the parties representing employer (s)

And

…………………. Name of the parties representing worker

It is hereby agreed between the parties to refer the following dispute to the arbitration of

........................ [here specify the name(s) and address(es) of the arbitrator (s).

(i)

Specific matters in dispute.

(ii)

Details of the parties to the dispute including the name and address of the

establishment or under taking involved.

(iii)

Name of the worker in case he himself is involved in the dispute or the name of the

union, if any, representing the worker or workers in question.

(iv)

Total number of workers employed in the undertaking affected.

(v)

Estimated number of workers affected or likely to be affected by the dispute.

*We further agree that the majority decision of the arbitrators) shall be binding on

us in case the arbitrator(s)are equally divided in their opinion they shall appoint another

person as umpire whose award shall be binding on us.

The arbitrator (s) shall make his (their) award within a period of ........................

(here specify the period agreed upon by the parties) from the date of publication of this

agreement in the Official Gazette by the State Government or within such further time as

is extended by mutual agreement between us in writing. In case, the award is not made

within the period afore mentioned, the reference to the arbitration shall stand

automatically cancelled and we shall be free to negotiate for fresh arbitrator.

Signature of the parties Representing employer/ any officer of the Trade Union /

Representing worker /workers.

Witnesses:

1. ..................................

2. ..................................

Copy to: (i) The Conciliation Officer [here enter office address of the Conciliation Officer for

the area concerned].

(ii) The Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services

Department , Government of Andhra Pradesh, AP Secretariat, Velagapudi, Guntur

District.

FORM- VI

(See rules 24, 43 and 44)

(AUTHORISATION BY A WORKER, GROUP OF WORKERS, EMPLOYER OR GROUP

OF EMPLOYERS TOBE REPRESENTED IN A PROCEEDING BEFORE THE

AUTHORITY UNDER THE INDUSTRIALRELATIONS CODE, 2020).

Before the Authority

(Here mention the authority concerned)

In the matter of:. (mention the name of the proceeding )

.............................................workers

Versus…………......................................................................................Employer

I/we hereby authorize Shri / Shrimati/Kumari ………………….to represent me/us

in the above matter.

Dated this......................day of..............................20..........

Signature of person(s) nominating the representative(s)

Address Accepted.

FORM- VII

(See rule 26)

(APPLICATION UNDER SUB-SECTION (1) OF SECTION 59 OF THE INDUSTRIAL RELATIONS

CODE,2020)

To,

(1) The Principal Secretary, Labour, Factories, Boilers and Insurance Medical

Services

Department,

Government

Andhra

Pradesh,

Secretariat,

VELAGAPUDI, Guntur Dt.

(2) The Deputy Commissioner of Labour (here insert the name of the District).

Sir,

I/We have to state that I am/we are entitled to receive from M/s

................................... a sum of Rs..............(in words) on account of ................

under the provisions of Chapter IX and X of the Industrial Relations Code,2020

(35 of 2020) /in terms of the award dated the.................... given by.....................

/in terms of the settlement dated the ..................... arrived at between the said

M/s ......................... and their worker through........................... the duly elected

representatives.

I/We further state that I/we served the management with a demand notice

by registered post on .....................for the said amount which the management

has neither paid nor offered to pay to me/us even though a fortnight has since

elapsed. The details of the amount have been mentioned in the statement hereto

annexed.

I/We request that the said sum may kindly be recovered for the

management under sub-section (1) of section59 of the Industrial Relations Code,

2020 (35 of 2020) and paid to me/us as early as possible.

Signature of the applicant(s)

Address(es)

Station:

Date:.

ANNEXURE

[(Here indicate the details of the amount(s) claimed.)]

FORM- VIII

(See rule 26)

(APPLICATION BY A PERSON AUTHORISED BY A WORKER OR BY THE ASSIGNEE OR

HEIR OF ADECEASED WORKER UNDER SUB-SECTION (1) OF SECTION 59 OF THE

INDUSTRIAL RELATIONSCODE, 2020)

(1) The Principal Secretary, Labour, Factories, Boilers and Insurance Medical

Services

Department,

Government

Andhra

Pradesh,

Secretariat,

VELAGAPUDI, Guntur Dt.

(2) The Deputy Commissioner of Labour (here insert the name of the District).

Sir,

I Shri/Shrimati/Kumari..............................................................have to state that

Shri/Shrimati/ Kumari.......................................................................... is/was entitled to

receive from M/s........................................................ a sum of Rs. ..............................(in

words) on account of............................. under the provisions of Chapter IX and X of the

Industrial Relations Code, 2020 (35 of 2020) /in terms of the award dated

the............................ given by ...................../in terms of the settlement, dated

the.....................arrived at between the said M/s..................... and their worker

through.................. the duly elected representatives.

I further state that I served the management with a demand notice by registered

post on.....................for the said amount which the management has neither paid nor

offered to pay to me even though a fortnight has since elapsed. The details of the amount

have been mentioned in the statement hereto annexed.

I request that the said sum may kindly be recovered from the management under

sub-section (1) of section 59 of the Industrial Relations Code, 2020 (35 of 2020), and paid

to me as early as possible.

I have been duly authorised in writing by.....................(here insert the name of the

worker) to make this application and to receive the payment of the aforesaid amount due

to him.

I am the assignee/heir of the deceased worker and am entitled to receive the

payment of the aforesaid amount due to him.

Station......................... Signature of the authorized person/assignee/heirs

Date…………….........

Address.........................

ANNEXURE

(Here indicate the details of the amount claimed.)

FORM- IX

(See rule 26)

(APPLICATION UNDER SUB-SECTION (2) OF SECTION 59 OF THE INDUSTRIAL RELATIONS

CODE,2020)

Before the State Government Industrial Tribunal at. ………....................................

Between.........................

Applicant(s)

and.

Opposite Party (Employer)

(1) Name of the applicant(s) ………………………………………………………………….

(2) Name of the employer …………………………………………………………………….

The petitioner(s) .......................................... a worker of ......................M/s.

..............................of.........................................The

petitioner(s)

undersigned,

worker/workers of ............................ is/are entitled to receive from the said M/s.

.................................. the money /benefits mentioned in the statement hereto

annexed.

It is prayed that the Tribunal may be pleased to determine the amount

/amounts due to the petitioner (s).

Signature or Thumb Impression (s) of the applicant(s)

Address (es) ……………………………………………………..

Place......................................................

Date.........................................................

ANNEXURE

(Here set out the details of the money due or the benefits accrued together with the

case for their admissibility.)

FORM- X

[See rule 26]

(APPLICATION BY A PERSON WHO IS AN ASSIGNEE OR HEIR OF A DECEASED

WORKER UNDER SUB SECTION(2) OF SECTION 59 OF THE INDUSTRIAL

RELATIONS CODE, 2020)

Before the State Government Industrial Tribunal at ................................

Between

(i) Name of the applicant/applicants ……………………………………………….

(ii) Name of the employer …………………………………………………………………..

I am/We are the assignee(s) of the deceased worker and am/are entitled to

make an application on his behalf.

Shri/Smt...................

former

worker

M/s

..........................

of........................is entitled to receive from the said M/s............................ the

money/benefits mentioned in the statement hereto annexed;

It is prayed that the Tribunal be pleased to determine the amount/amounts

due to the deceased worker.

Name and Address of worker..........................

Signature of the assignee/heirs

Address (es) ……………………………………………………..

Place......................................................

Date.........................................................

ANNEXURE

(Herein set out the details of the money due or the benefits accrued together with

the case for their admissibility).

FORM-XI

(See rules 27 and 47)

(NOTICE OF STRIKE TO BE GIVEN BY UNION (NAME OF UNION)/ GROUP OF WORKERS)

Name of five elected representatives of workers ………………………………………

Dated the...............day of................20............

(The name of the employer).

Dear Sir/Sirs,

In accordance with the provisions contained in sub-section (1) of section 62

of the Industrial Relations Code,2020 (35 of 2020) I/We hereby give you notice

that I propose to call a strike / we propose to go on strike on………..20….., for the

reasons explained in the annexure.

Yours faithfully,

(Secretary of the Union)

Five representatives of the workers duly elected at a

meeting held on ............................... (date), vide

resolution attached.]

ANNEXURE

Statement of the Case.

Copy to:

1) The Assistant Commissioner of Labour of the area

2) The Deputy Commissioner of Labour concerned

3) The Joint Commissioner of Labour concerned

4) The Commissioner of Labour, Andhra Pradesh, Vijayawada

5) The Principal Secretary, Labour, Factories, Boilers and Insurance Medical

Services Department, Government of Andhra Pradesh, AP Secretariat,

VELAGAPUDI, Guntur Dt.

6) The Labour Bureau, Simla, Himachal Pradesh

FORM -XII

(See rules 28 and 47)

(NOTICE OF LOCK-OUT TO BE GIVEN BY AN EMPLOYER OF AN INDUSTRIAL ESTABLISHMENT)

Name of employer ..........................................................................................................

Address..........................................................................................................................

Dated the...............day of................20...................

In accordance with the provisions of 62(5)of the Industrial Relations Code, 2020 (35 of

2020) , I/we hereby give notice to all concerned that it is my/our intention to effect lock out

in..,..........................................................department(s), section(s) of my/our establishment with

effect from.......................for the reasons explained in the annexure.

Signature.....................................................

Designation............................................

ANNEXURE

1. Statement of reasons

Copy forwarded to:

1) The Assistant Commissioner of Labour of the area

2) The Deputy Commissioner of Labour concerned

3) The Joint Commissioner of Labour concerned

4) The Commissioner of Labour, Andhra Pradesh, Vijayawada

5) The Principal Secretary, Labour, Factories, Boilers and Insurance Medical

Services Department, Government of Andhra Pradesh, AP Secretariat,

VELAGAPUDI, Guntur Dt.

6) The Director General, Labour Bureau, Simla, Himachal Pradesh

FORM -XIII

(See rules 29, 31 and 47)

(NOTICE OF INTIMATION OF RETRENCHMENT/ CLOSURE TO BE GIVEN BY AN

EMPLOYER TO THESTATE GOVERNMENT UNDER THE PROVISIONS OF

CHAPTER IX OF THE INDUSTRIAL RELATIONS CODE, 2020 AND RULES MADE

THERE UNDER)

( To be submitted online. In case of exigencies, on paper in the prescribed format

below)

Name of Industrial Establishment /Undertaking/ Employer .................................

Labour Identification Number ...............................................................................

Dated.................

(Note: The intimation for Closure/Retrenchment to the appropriate government

shall be served sixty days and thirty

days before commencement of

Closure/Retrenchment respectively )

To,

The Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services

Department, Government of Andhra Pradesh, AP Secretariat, VELAGAPUDI,

Guntur Dt.

1. *(Retrenchment) (a) Under section 70(C) of the Industrial Relations Code, 2020

(35 of 2020), I/ we* hereby intimate you that I*/we* have decided to

retrench.................................. workers** out of a total of …….Workers** with

effect from.................... (DD/MM/YYYY)

*(Closure) (b) Under section 74(1) of the Industrial Relations Code, 2020 (35 of

2020), I / we* hereby intimate you that I*/we* have decided to close

down,............................................(name of the industrial establishment or

undertaking) with effect from......................... (DD/MM/YYYY). The number of

workers whose services would be terminated on account of the closure of the

undertaking is................. (number of workers)

2. The reason for Retrenchment / Closure is..........................................................

...............................................................................................................................

3. * The worker(s)* concerned were given on the.................. (DD/MM/YYYY) one

month‘s notice in writing as required under section 70(a)*/ section 75(1)* of the

Industrial Relations Code, 2020 (35 of 2020).

* The worker(s) concerned have been given on the…………. (DD/MM/YYYY) one

month‘s pay in lieu of the notice as required under section 70(a)*/ section 75(1)* of

the Industrial Relations Code, 2020 (35 of 2020) .

4. * I*/We* hereby declare that the worker(s) concerned have been*/will be* paid

all their dues along with the compensation due to them under section 70* /

section 75* of the Industrial Relations Code, 2020 (35 of 2020) before or on the

expiry of the notice period.

*I/We* hereby state that currently Insolvency proceedings are on in respect of the

said Industrial Establishment/Undertaking/Employer, and that I*/we* will pay all

the dues along with the compensation due to them under concerned laws.

5. (Retrenchment) I/we* hereby declare that the worker(s) concerned have been* /

will be* retrenched in compliance to the section 71 and section 72 of the Industrial

Relations Code, 2020 (35 of 2020).

6. I*/ we* hereby declare that no court case is pending before any Court in the

matter, and if yes, the details thereof have been Annexed.

7. I*/ we* hereby declare that the above information given by me*/us* in this

notice and the Annexures enclosed herewith true, I*/ we* am*/ are* solely

responsible for its accuracy and no facts/ materials has been suppressed in the

matter.

Yours faithfully,

(Name of Employer/ ***Authorised Representative with Seal)

(* Strike off which is not applicable.)

(** Indicate number in figures and words both)

(***Copy of Authorisation letter issued by the employer shall be enclosed)

Copy to :

1) The Assistant Commissioner of Labour of the area

2) The Deputy Commissioner of Labour concerned

3) The Joint Commissioner of Labour concerned

4) The Commissioner of Labour, Andhra Pradesh, Vijayawada

5) The Principal Secretary, Labour, Factories, Boilers and Insurance Medical

Services Department, Government of Andhra Pradesh, AP Secretariat,

VELAGAPUDI, Guntur Dt.

6) The Director General, Labour Bureau, Simla, Himachal Pradesh

7) To the Registered Unions/ Authorised Representatives of Workers operating

in the establishments or undertakings.

FORM- XIV

(See rules 32, 33, 35,37 and 47)

(APPLICATION FOR PERMISSION OF LAY-OFF/ CONTINUATION OF LAY-OFF/

RETRENCHMENT/CLOSURE TO BE GIVEN BY AN EMPLOYER / INDUSTRIAL

ESTABLISHMENT /UNDERTAKING TO THE STATE GOVERNMENT UNDER THE

PROVISIONS OF CHAPTER X OF THE INDUSTRIAL RELATIONSCODE, 2020 AND RULES

MADE THEREUNDER)

(To be submitted online. In case of exigencies on paper in the specified format below)

Name of Industrial Establishment or Undertaking or Employer...........................

Labour Identification Number.............................................................................

Dated.................

(Note: The application to the State Government shall be served as indicated below:

Lay-off : at least 15 days before the intended Lay-off

Continuation of Lay-off – at least 15 days before the expiry of earlier Lay-off

Retrenchment – at least 60 days before the intended date of retrenchment

Closure – at least 90 days before the intended date of closure)

To,

The Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services

Department, Government of Andhra Pradesh, AP Secretariat, VELAGAPUDI,

Guntur Dt.

1. *(Lay-off) (a). Under section 78(2) of the Industrial Relations Code, 2020 (35 of 2020),

I*/we* hereby apply for “permission to lay-off ……….workers** out of total of ……..

workers** employed in my*/our* establishment

(details to be given in Annexure-I) with effect from ……….. (DD/MM/YYYY).

*(Continuation of lay-off) (b) Under section 78(3) of the Industrial Relations Code, 2020 (35

of 2020), I*/we*hereby apply for permission to continue the Lay-off .........workers** out of

total of …….. laid off workers** in my*/our* establishment (details to be given in

Annexure-I) with effect from ……….. (DD/MM/YYYY).

*(Retrenchment) (c) Under section 79(2) of the Industrial Relations Code, 2020 (35 of

2020), I*/we* hereby apply for permission for intended retrenchment of.................

workers out of total of …….. workers** employed in my*/our* establishment (details to be

given in Annexure-I) with effect from ……….. (DD/MM/YYYY).

*(Closure) (d) Under section 80(1) of the Industrial Relations Code, 2020 (35 of 2020), I /

we*

hereby

inform

you

that

I*/we*

intended

down

the

undertaking........................................

(name

the

industrial

establishment

undertaking

employer)

(details

given

Annexure-I)

with

effect

from.............(DD/MM/YYYY). The number of workers whose services would be terminated

on account of the closure of the under taking is................. (number of workers)

* (Lay-off/Continuation of Lay-off) The worker(s) concerned were given on ..................

(DD/MM/YYYY) notice in writing as required under section 78(2)*/ section 78(3)* of the

Industrial Relations Code, 2020 (35 of 2020).

*(Retrenchment/ Closure) The worker(s) concerned were given on……... (DD/MM/YYYY)

three month‘s notice in writing as required under section 79*/ section 80* of the

Industrial Relations Code, 2020 (35 of 2020).

*(Retrenchment/ Closure) The worker(s) have been given on……... (DD/MM/YYYY) three

month‘s pay in lieu of notice as required under section 79*/ section 80* of the Industrial

Relations Code, 2020 (35 of 2020).

2. The details of affected worker(s) is at Annexure II.

3. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in

compliance to the Section71 and section 72 of the Industrial Relations Code, 2020 (35 of

2020).

4. *I/We* hereby declare that the worker(s) concerned have been*/will be* paid all the

dues and compensation due to them under section 67, read with section 78(10)*/ section

79* / section 80* of the Industrial Relations Code,2020 (35 of 2020) before or on the

expiry of the notice period.

*I/We hereby state that currently Insolvency proceedings are on in respect of the said

Industrial Establishment/Undertaking/Employer, and that I*/we* will pay all the dues

along with the compensation due to them under concerned laws.

5. I/ we* hereby declare that no court case is pending before any Court in the matter, and

if yes, the details there of have been annexed herewith.

6. I/ we hereby declare that the above information given by me/ us* in this notice and

enclosures is/ are* true, I/ we am/ are solely responsible for its accuracy and no facts/

materials has been suppressed in the matter.

The permission sought for may please be granted.

Yours faithfully,

(Name of Employer/ ***Authorised Representative with Seal)

(* Strike off which is not applicable.)

(** Indicate number in figures and word both)

(***Copy of authorisation letter issued by the employer shall be enclosed)

Copies to

1) The Assistant Commissioner of Labour of the area

2) The Deputy Commissioner of Labour concerned

3) The Joint Commissioner of Labour concerned

4) The Commissioner of Labour, Andhra Pradesh, Vijayawada

ANNEXURE I

(Please give replies against each item)

Name of the undertaking with complete postal

address, email, mobile and land line.

Status of undertaking—

(i) Whether State public sector/State public

sector/ like other,

(ii) Whether a private limited company/

partnership firm/ partnership firm

(ii) Whether the undertaking is licensed/registered

and if so, name of licensing/registration authority

and licence/registration certificate numbers.

(a) Corporate Identification Number

(b) Goods and Service Tax Identification Number

(GSTIN)

(i) Annual production, item wise for preceding

three years-

(ii) Production figures, month-wise, for the

preceding twelve months,

Audit report of the legal entity that own the

establishment/ undertaking

including Balance sheets, profit and loss accounts

for the last three years.

To be annexed

Names of the inter-connected companies or

companies under the same

management.

Details of lay-off/ retrenchment resorted to in the

last three years including the periods of such lay-

offs/ retrenchment the number of workers

involved in each such lay-off/ Retrenchment /

continuation of lay off

Any other relevant details which have bearing on

lay-off/ continuation of lay off/ retrenchment/

closure.

ANNEXURE II

(Details of affected workers)

Sl.

UAN/

CMPFO

Name of

the

Worker

Category (

Highly Skilled

Skilled/

Semiskilled

Unskilled )

Date from

which in

service in/with

the

said

establishment

/Undertaking/

Employer

Wage as on

date of

Application

Remark

FORM-XV

(See rules 40and 47)

(NOTICE TO THE EMPLOYER/PERSON WHO COMMITTED AN OFFENCE FOR

THE FIRST TIME , FORCOMPOUNDING OF OFFENCE UNDER SECTION 89 OF

THE INDUSTRIAL RELATIONS CODE, 2020 READWITH RULE 41)

The undersigned, the Compounding Officer, for the purposes of section 89 of the

Industrial Relation Code, 2020 (35of 2020), hereby intimates you that the

allegation has been made against you for committing offence for the violation of

various provision of this Code as per the details given below:––

PART - I

1. Name and Address of the offender Employer/person- ……………………………..

2. Address of the Establishment …………….………………………………………….

4. Particulars of the offence …………………………………………………………………

5. Section of the Code under which the offence is committed

……………………………………………………………..

6. Compounding amount required to be paid towards composition of the

offence………………………………………………………………….

PART – II

You are advised to deposit the above mentioned amount within fifteen days

from the date of receipt of this notice for compounding the offence as per section

89 of the Industrial Relations Code, 2020 (35 of 2020) read with rule 41, along

with an application dully filled in part – III of this notice.

In case you fail to deposit the said amount within the time so specified, no

further opportunity shall be given to you and necessary steps shall be taken for

filing of prosecution under section 87 of the said Code shall be issued.

(Signature of the Compounding Officer)

Date:

Place:

PART – III

(Application under sub-section (4) of section 89 of the Industrial relations Code,

2020 read with rule 41 for compounding of offence)

1. Name of applicant (name of the employer/person who committed the offence

under

the

Industrial

Relations

Code

2020

(35

2020)

mentioned……………………………………………………..

2. Address of the applicant …………….………………………………………….

3. Particulars of the offence

…………………………………………………………………………………………………………

……………………………………………………………………………………………………

4. Section of the Code under which the offence has been committed

……………………………………………………………..

5. Details of the compounding amount deposited (electronically generated receipt

to be attached)………………………………………………………………….

6. Details of the prosecution, if filed for the violation of above mentioned offences

may be given…………………………………………...............................

7. Whether the offence is first offence or the applicant had committed any other

offence prior to this offence, if committed, then, full details of the offence

…………………………………………………………………………………………………………

…………………………………………………………………………………………………

8. Any other information which the applicant desires to provide

…………………………………………………………………………………………………………

…………………………………………………………………………………………………

Applicant

(Name and signature)

Dated:

Place:

Form- XVI

(See rule 42)

(COMPLAINT UNDER SECTION 91 OF THE INDUSTRIAL RELATIONS CODE, 2020)

Before the Conciliation officer/ Arbitrator/ Tribunal or, National Industrial

Tribunal --------------------------------------------,In the matter of:...............................

Reference No…………………………………

A...................... Complainant(s);

Versus

B...................... Opposite Party(ies).

Address:

The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been

guilty of a contravention of the provisions of section 90 of the Industrial Relations

Code, 2020 as shown below:

(Here set out briefly the particulars showing the manner in which the alleged

contravention has taken place and the grounds on which the order or act of the

management is challenged.)

The complainant(s) accordingly prays/pray that the Conciliation officer/

Arbitrator/ Industrial Tribunal or National Industrial Tribunal may be pleased to

decide the complaint set out above and pass such order or orders thereon as it

may deem fit and proper.

The number of copies of the complaint and its annexure required under rule 43 of

the Industrial Relations Code, 2020(35 of 2020) are submitted herewith.

Dated this............day of............20..... Signature of the Complainant(s)

Verification

I do solemnly declare that what is stated in paragraph.......... above is true to my

knowledge and that what is stated in paragraphs........ above is stated upon

information received and believed by me to be true. This verification is signed by

me at.................... on ............day of....................20.....................

Signature or Thumb impression of the person verifying.

Schedule-A [see Rule 12] –

Manufacturing Sector

Draft Model Standing Orders

[See Section 29(1) and Rule 12]

1. Definition.- (1) In these Model Standing Orders, unless there is anything

repugnant to the subject or the context,-

(a) “aadhar” means the aadhar referred to in Section 142 of the Code on Social

Security, 2020 (36 of 2020)

(b) “code” means the Industrial Relations Code, 2020 (35 of 2020);

(d) “habitual” means with respect to indiscipline, a worker shall be habitual if the

worker commits any misconduct three or more times in preceding twelve

months; and

(e) “standing order” with its grammatical variation and cognate expressions, means

the standing order of these model standing orders.

(2) The words or expressions used in these model standing orders and not defined

therein but defined in the Industrial Relations Code, 2020 (35 of 2020) shall have

the respective meanings assigned to them in the definitions in the Code.

2. (1) Classification of Worker.- For the purposes of these standing orders, the

workers are classified as below, namely:-

(a) Permanent;

(b) Temporary;

(d) Probationers;

(e) Badlis;

(f) Fixed Term Employment; and

(g) Casual

(2) A Permanent worker is a worker who has been engaged on a permanent basis

in an industrial establishment and includes any person who has satisfactorily

completed a probationary period of six months in the same or another occupation

in the industrial establishment including breaks due to sickness, accident, leave,

lockout, strike (not being an illegal strike) or involuntary closure of the industrial

establishment.

(3) A Temporary Worker is a worker who has been engaged for work which is of an

essentially temporary nature likely to be finished within a limited period.

(4) Apprentice means a person who is undergoing apprenticeship training in

pursuance of a contract of apprenticeship under the Apprenticeship Act, 1961 (52

of 1961).

(5) A Probationer is a worker who is provisionally employed to fill a permanent

vacancy in a post and has not completed six months service therein. The period of

probation can be extended further period up to three months after assessing the

performance of the probationer for the post, he has been appointed for. If a

permanent employee is employed as a probationer in a new post he may, at any

time during the probationary period of six months, be reverted to his old

permanent post.

(6) A badli is a worker who is appointed against the post of a permanent worker or

probationer who is temporarily absent.

(7) "Fixed term employment" means the engagement of a worker on the basis of a

written contract of employment with the employer for a fixed period:

Provided that—

(a) his hours of work, wages, allowances and other benefits shall not be less

than that of a permanent worker doing the same work or work of similar

nature;

(b) he shall be eligible for all statutory benefits available to a permanent

worker proportionately according to the period of service rendered by him even

if his period of employment does not extend to the qualifying period of

employment required in the statute;

for a period of one year; and

(d) for every completed year of service or part thereof in excess of six

months, the employer shall pay gratuity to the worker at the rate of fifteen

days’ wages, based on rate of wages last drawn by the worker concerned as

referred to in sub-section (2) of section 53 of the Code on Social Security, 2020

(Central Act No.36 of 2020).

Explanation.- For removal of doubt, it is clarified that the termination of service

of a worker as a result of completion of tenure of fixed term employment shall

not be included within the meaning of ―retrenchment― as defined under

clause (zh) of section 2 of the Industrial Relations Code, 2020 (35 of 2020).

(8) “Casual” worker is a worker who has been either engaged for work which is of

an essentially casual nature or whose employment is of a casual nature.

3. Identity Badge or Card.- (1) All workers belonging to any categories under the

Industrial Relations Code, 2020(Central Act No.35 of 2020) shall be issued an

identity badge or card bearing his full name, designation, employee number, blood

group, contact number, emergency contact person and his number, and a recent

photograph.

(2) A worker should always wear his identity badge or card during the working

hours of the industrial establishment and produce the same to the authorized

security guard or personnel to allow him the right of entry and stay in the

premises of the industrial establishment.

of the shift working, any worker is to be retrenched, such retrenchment shall be

effected in accordance with the provisions of the Industrial Relations Code, 2020

(35 of 2020) and the rules made there under. If shift working is re-started, the

workers shall be given notice and re-employed in accordance with the provisions of

the said Code and the said rules.

(2) Whenever an additional shift is started, or shifts are restarted or discontinued

or altered, twenty- one days prior notice, shall be given to the affected workers:

Provided that no notice shall be required in case of emergent situation which

requires change of shift or shift working, otherwise than in accordance with

Standing Order, in consultation with Grievance Redressal Committee in pursuant

of clause (c) section 40 of the Industrial Relations Code, 2020 (35 of 2020):

Provided further that no notice shall be required, if such change is effected

in accordance with the orders of the State Government or State Government, as

the case may be, or in pursuance of any settlement or award as envisaged in

clause (d) of section 40.

8. Notice of changes in shift working.--Any notice of discontinuance or of re-

starting of a shift working required by this Standing Order, shall be in Form-(i)

appended to these standing orders and shall be served in the following manner,

namely :-

(a) The notice shall be displayed conspicuously by the employer on a notice-board

or electronic notice board and Human Resource portal of the industrial

establishment if any; and

(b) Where any registered trade union of workers exists, then, a copy of the notice

referred to in clause (a) shall also be served electronically or by registered post

to the Secretary of such union.

9. Attendance and Late Coming.- (1) All workers shall be at work at the time

fixed and notified under paragraph 5.Worker attending late will be liable for

deduction provided for in the Code on Wages, 2020 (Central Act No.29 of 2019).

(2) All workers shall comply with the regulations related to hours of work for the

time being in force.

(3) Workers shall register their attendance at the start of the shift and at the close

of the shift after and before change of uniform, if any, respectively.

(4) Workers shall use identity card or biometrics or any other system as has been

notified to register their attendance.

(5) No worker shall use or punch the Identity badge or Card other than his own

under any circumstances.

(6) Any worker, reporting late than the scheduled time for reporting shall not be

permitted to enter his department or section, unless permitted by the express

permission of the manager, or any other officer, duly authorized for such purpose.

(7) A worker shall be deemed absent, if he fails to attend duty, unless he has

obtained written permission for such absence from the manager or the Officer

authorized in this behalf.

(8) A worker who comes late and remains absent will be liable to deduction of

wages as provided under the Code on Wages, 2019 (Central Act No. 29 of 2019).

10. Leave.- (1) Holidays with pay will be allowed as provided for in the

Occupational Safety, Health and Working Conditions Code, 2020 (Central Act No.

37 of 2020), and other holidays in accordance with law, contract, custom and

usage applicable.

(2) Leave cannot be claimed as matter of right.

(3) A worker who desires to obtain leave of absence shall apply to the employer or

any other officer of the industrial establishment specified in this behalf by the

employer at least seven days in advance from the date of proposed date of leave.

The employer or any other officer of the industrial establishment, who is

responsible for issuing the order, shall issue the same within a week of its

submission or two days prior to the commencement of the leave applied for,

whichever is earlier. If the leave has been applied and the leave is to commence on

the date of the application or within three days thereof, then the worker shall

mention the reason for late submission of application for leave. The order on such

leave shall be given on the same day. If the leave is refused or postponed, the fact

of such refusal or postponement and the reasons there for shall be communicated

to him in writing or electronic mode.

(4) Where the worker after proceeding on leave desires an extension thereof, he

shall apply to the employer or the officer specified in this behalf by the employer,

who shall send a reply either granting or refusing extension of leave to the worker

in writing or electronic mode, and if such reply is likely to reach him before the

expiry of the leave originally granted to him.

(5) Leave with wages and allowances shall be granted to all the workers in

accordance with the law as applicable to the industrial establishment and under

Standing Orders.

(6) No employee while on leave shall take up any employment or any vocation for

profit or gain.

11. Casual Leave.- A worker may be granted casual leave of absence with wages

not exceeding ten days in the aggregate in a calendar year. Such leave shall not be

for more than three days at a time except in case of sickness. Such leave is

intended to meet special circumstances which cannot be foreseen. Ordinarily, the

previous permission of the head of the department or the controlling authority in

the industrial establishment shall be obtained before such leave is taken, but

when this is not possible, the head of the department or the controlling authority

shall, as soon as may be practicable, be informed in writing or through electronic

mode of the absence from and of the probable duration of such absence.

12. Payment of Wages. –

(1) The employer shall pay or cause to be paid wages to the worker, engaged on—

(i) daily basis, at the end of the shift;

(ii) weekly basis, on the last working day of the week, that is to say, before

the weekly holiday;

(iii) fortnightly basis, before the end of the second day after the end of the

fortnight;

(iv) monthly basis, before the expiry of the seventh day of the succeeding

month.

(2) All wages shall be paid in current coin or currency notes or by cheque or by

crediting the wages in the bank account of the worker or by the electronic mode.

Provided, the employer shall pay the wages only by cheque or by crediting the

wages in his bank account if specified through notification by appropriate

government, under the Code on Wages, 2019

(3) Where a worker has been—

(i) removed or dismissed from service; or

(ii) retrenched or has resigned from service, or became unemployed due to closure

of the establishment, the wages payable to him shall be paid within two working

days of his removal, dismissal, retrenchment or, as the case may be, his

resignation.

(4) Every employer shall issue wage slips to the worker in such form and manner

as prescribed in Code on Wages,2019.

(5) There shall be no deductions from the wages of the worker, except those as are

authorized under the Code on Wages, 2019.

(6) All fines and all realisations from the wages of the worker shall be carried out

in accordance with the section 19 of the Code on Wages, 2019.

(7) Notice specifying wage period and payment date shall be exhibited on the notice

board or electronic board and on the Human Resource portal/IT Application in

Hindi, English and regional language familiar to the majority of workers.

13. Service Record:- (1) Matters relating to service card, certification of service,

change of residential address of workers and record of their age shall form part of

service record and –

(i) Every industrial establishment shall maintain a service card in respect of each

worker electronically or in manual form, wherein particulars of that worker shall

be recorded with the knowledge of that worker in Form-(ii) and it shall be updated

periodically. In case of manual maintenance of service card, the record shall be

duly attested by an authorized officer in this behalf together with date.

(ii) Every worker shall be entitled to a service certificate, specifying the nature of

work, designation and the period of employment (indicating the days, months,

years) at the time of discharge, termination, retirement or resignation from service

to be issued by an employer within 10 days of such instance;

(iii) A worker shall notify the employer immediately on engagement, the details of

his residential address, mobile number, e-mail, emergency contact name and

number, nominees for claiming dues in case of death and there after promptly

communicate to his employer any change of his residential address. In case, the

worker has not communicated to his employer the change in his residential

address, his last known address shall be treated by the employer as his residential

address for sending any communication;

(iv) Every worker shall indicate his exact date of birth to the employer or the officer

authorized by him in this behalf, at the time of entering service in the industrial

establishment. The employer or the officer authorized by him in this behalf may

before the date of birth of a worker is entered in his service card, require him to

supply,-

(a) his matriculation or school leaving certificate granted by the Board of

Secondary Education or equivalent certificate granted by similar

educational authority; or

(b) a certified copy of his date of birth as recorded in the registers of a

municipality, local authority or Panchayat or Registrar of Births; or

(d) in the absence of either of the aforesaid three categories of certificate, the

employer or the officer authorised by him in this behalf may require the

worker to supply, a certificate from a Government Medical Officer not

below the rank of an Assistant Surgeon indicating the probable age of the

worker:

Provided that the cost of obtaining such certificate is borne by the employer;

(v) where it is not practicable to obtain a certificate from a Government Medical

Officer, an affidavit sworn, either by the workman or his parents, or by a near

relative, who is in a position to know about the workman‘s actual or approximate

date of birth, before a first Class Magistrate or Oath Commissioner, as evidence in

support of the date of birth given by him.

(2) The date of birth of a worker, once entered in the service card of the industrial

establishment shall be the sole evidence of his age in relation to all matters

pertaining to his service including fixation of the date of his retirement from the

service of the industrial establishment. All formalities regarding recording of the

date of birth shall be finalized within three months of the date of the appointment

of a worker.

(3) Cases, where date of birth of any worker had already been decided before the

date these standing orders come into force shall not be reopened under these

standing orders.

Note.- Where the exact date of birth of a worker is not available and the year of

birth is only established, then, the 1^stJuly of the said year shall be taken as the

date of birth.

14. Confirmation.- The employer shall, in accordance with the terms and

conditions stipulated in the letter of appointment, confirm the eligible worker and

issue a letter of confirmation to him. Whenever, a worker is confirmed, an entry

with regard to the confirmation shall also be made in his service card within a

period of thirty days from the date of such confirmation.

15. Age of retirement.- The age of retirement or superannuation of a worker shall

be such as may be agreed upon between the employer and the worker under a

written agreement or as specified in a settlement or award which is binding on

both the worker and the employer. Where there is no such agreed age, retirement

or superannuation shall be on completion of fifty eight years of age by the worker.

16. Transfer.- (1) There shall be a transfer policy of the industrial establishment

and same shall be known to all workers. The details of transfer policy shall be

available on the Human Resource (HR) portal.

(2) A worker may be transferred according to the transfer policy and exigencies of

work from one shop or department to another or from one station to another or

from one industrial establishment to another under the same employer:

Provided that the wages, grade, continuity of service and other conditions of

service of the worker shall not be adversely affected by such transfer:

Provided further that a worker shall be transferred from one job to another,

which he is capable of doing:

Provided also that where the transfer involves moving from one State to

another such transfer shall take place, either with the consent of the worker or

where there is a specific provision to that effect in the letter of appointment and

transfer policy in accordance with such provision and policy:

Provided also that unless -

(a) reasonable notice is given to such worker, and

(b) reasonable joining time is allowed in case of transfers from one station to

another and the worker concerned shall be paid travelling allowance

including the transport charges and fifty per cent thereof to meet incidental

charges, such transfer shall not be effected.

17. Medical aid in case of accidents.- (1) Where a worker meets with an accident

in the course of or arising out of his employment, the employer shall, at the

employer‘s expense, make satisfactory arrangements for immediate and necessary

medical aid to the injured worker and shall arrange for his further treatment, if

considered necessary by the doctor attending on him.

(2) Wherever the worker is entitled for treatment and benefits under the Social

Security Code, 2020 (36 of 2020), then, he shall be entitled for treatment and

benefits under that Code.

18. Medical Examination.- (1) Wherever the recruitment rules or any contract of

appointment or Fixed Term Employment specify medical examination of a worker,

on his first appointment, the employer shall at the employer‘s expense make

arrangements for medical examination.

(2) All workers to be employed in the industrial establishment shall be required to

clear the medical examination by the Medical Authority nominated by the

industrial establishment for such purpose, at the time of first appointment.

(3) The industrial establishment may at any time direct any worker to undergo

medical examination by any Medical Officer nominated to ascertain workers’

fitness relatable to satisfactory performance of his job. The term “Medical Officer”

shall have same meaning as it has in sub-section (1) of section 42 of Occupational

Safety, Health and Working Condition Code, 2020 (37 of 2020).

(4) A worker who comes to know that he has contracted any infectious or

contagious disease shall immediately notify the concerned Manager of such a

happening and shall remain away from work until permitted to return on work by

the Manager concerned and during such period, the worker shall be treated on

leave to the extent of days he has leave with wages to his credit. Disciplinary

action may be taken against a worker if he deliberately suppresses the fact of his

suffering from an infectious or contagious disease and such a conduct on the part

of the worker shall amount to misconduct within the meaning of these Standing

Orders.

19. Secrecy.- No worker shall take any papers, books, drawings, photographs,

instruments, apparatus, documents or any other property either in electronic form

or physical form, of an industrial establishment out of the work premises except

with the written permission of his immediate superior, nor shall he in any way

pass or cause to be passed or disclose or cause to be disclosed any information or

matter concerning the manufacturing process, trade secrets and confidential

documents of the industrial establishment to any unauthorized person, company

or corporation without the written permission of the employer. Disciplinary action

may be taken against a worker if he does not comply with the provisions in this

paragraph and such a conduct on the part of the worker shall amount to

misconduct within the meaning of these Standing Orders.

20. Exclusive Service.- A worker shall not at any time work against the interest

of the industrial establishment in which he is employed and shall not take any

employment in addition to his job in the industrial establishment, which may

adversely affect the interest of his employer, but, the employer may permit him to

take up additional job, assignment with conditions or without conditions and the

worker shall obtain prior permission of the employer.

21. Stoppage of work. - (1) The employer may, at any time, in the event of fire,

catastrophe, break-down of machinery or stoppage of power supply, disaster,

pandemic, epidemics, civil commotion or other cause beyond his control , stop any

paragraph (3), the notice period shall be regulated as provided in that sub-

paragraph.

(2) No temporary worker whether monthly rated, weekly rated or piece rated, and

no probationer or badli or fixed term employment or casual worker as a result of

non-renewal of contract or employment or on its expiry, shall been titled to any

notice or pay in lieu thereof, if his services are terminated:

Provided that the services of a temporary worker shall not be terminated as

a punishment unless he has been given an opportunity of explaining the charges

of misconduct alleged against him in the manner specified in this behalf under

these standing orders.

(3) Where the employment of any worker is terminated, the wages earned by him

and other dues, if any, shall be paid before the expiry of the second working day

from the day on which his employment is terminated.

23. Disciplinary action for misconduct.-(1) A worker may be suspended by the

employer pending investigation or enquiry into complaints or charges of

misconduct against him. Such investigation or enquiry, or where there is an

investigation followed by enquiry, both the investigation and enquiry shall be

ordinarily completed within ninety days from the date of suspension. The worker

shall be paid subsistence allowance during the period of suspension which shall

be subject to the worker not taking any employment elsewhere during the period of

suspension.

(2) The amount of subsistence allowance payable to such worker shall be as

under, namely:-

(a) at the rate of fifty percent of wages which the worker was entitled to

immediately preceding the date of such suspension, for the first ninety

days of suspension; and

(b) at the rate of seventy-five per cent of such wages for the remaining period of

suspension, if the delay incompletion of disciplinary proceedings against

such worker is not directly attributable to the conduct of such worker.

(3) For the purposes of this standing order, the following shall denote misconduct,

namely:-

(a) theft, fraud, or dishonesty in connection with the employer‘s business or

property;

(b) taking or giving of bribes or an illegal gratification whatsoever in connection

with the employer‘s business or his own interests;

deemed to have been on duty during the period of suspension and shall be entitled

to the same wages as he would have received if he had not been placed under

suspension, after deducting the subsistence allowance paid to him for such period:

Provided also that in the case of a worker to whom the provisions of clause

(2) of article 311 of the Constitution apply, the provisions of that article shall be

complied with.

(f) If on the conclusion of the inquiry, or as the case may be, or the criminal

proceedings, the worker has been found not to be guilty of any of the charges

framed against him, he shall be deemed to have been on duty during the period of

suspension and shall be entitled to the same wages as he would have received if he

had not been placed under suspension after deducting the subsistence allowance

paid to him for such period.

(g) The payment of subsistence allowance under this sub-paragraph shall be

subject to the worker concerned not taking up any employment during the period

of suspension.

(5) In awarding punishment under sub-paragraph (4), the authority imposing the

punishment shall take into account any gravity of the misconduct, the previous

record, if any, of the worker and any other extenuating or aggravating

circumstances that may exist. A copy of the order passed by the authority

imposing the punishment shall be supplied to the worker concerned.

(6) (a) A worker aggrieved by an order imposing punishment under sub-paragraph

(4) may within twenty-one days from the date of receipt of the order, appeal to the

appellate authority specified under clause (b).

(b) The employer shall, for the purposes of Clause (a) specify the appellate

authority.

shall pass order as he thinks proper on the appeal within fifteen days of its receipt

and communicate the same to the worker in writing:

Provided that where there is a complaint of sexual harassment the internal

complaint

committee

constituted

for

such

purpose

each

industrial

establishment for inquiring into such complaints, shall, notwithstanding anything

contained in this paragraph, be deemed to be the inquiring authority appointed by

the employer for the purpose of these standing orders and the internal complaint

committee shall hold the inquiry under this paragraph, unless separate procedure

has been specified by the employer for the complaint committee for holding such

inquiry into the complaints of sexual harassment, as far as practicable.

(7) The constitution of internal complaints committee shall be in accordance with

the provisions of the Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal ) Act, 2013.

(8) The internal complaint committee referred to in sub-paragraph (7) shall make

and submit every year an annual report, to the employer and the District Officer

[as defined under the Sexual Harassment of Women at Workplace(Prevention,

Prohibition and Redressal) Act, 2013] and the appropriate Government, of the

complaints and action taken.

(9) The employer shall include in it‘s the annual report of his organisation the

number of cases filed, if any, and their disposal under the Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

24.Grievance Redressal and Complaints.- All complaints or grievances arising

out of employment including those relating to unfair treatment or wrongful

exaction on the part of the employer or his agent, shall be submitted to the

Manager or person specified in this behalf with the right to appeal to the employer.

In addition, for resolution of disputes arising out of individual grievances, an

application in respect of such dispute may be filed before the Grievance Redressal

Committee by any aggrieved worker in the manner as provided under the

Industrial Relations Code, 2020 and the rules framed there under within one year

from the date on which the cause of action of such dispute arises.

25. Liability of Employer and Workers.- The employer of the industrial

establishment shall be responsible for the proper and faithful observance of the

Standing Orders. The workers shall also observe the Standing Orders truly and

faithfully.

26. Forwarding of information to the certifying officer under sub-section (3)

of section 30 on adoption of model standing order by an industrial

establishment.- (1) If the employer adopts the model standing order of the State

Government referred to in section 29 of the Industrial Relations Code, 2020 (35 of

2020), he shall intimate the concerned certifying officer electronically the specific

date from which the provisions of the model standing orders have been adopted.

(2) The model standing order adopted under sub-paragraph (1) in respect of an

industrial establishment shall also be applicable to all other industrial units of the

establishment irrespective of location.

(3) (a) On receipt of information under sub-paragraph (1), the certifying officer

shall enter the details of the industrial establishment who has adopted the Model

Standing Order in the register maintained under rule 15 of the Industrial

Relations (State) Rules, 2020.

(b) In the event, the certifying officer observes that the industrial establishment

which has intimated adoption of Model Standing Orders under clause (a) is also

engaged in activities (that is to say that the industrial establishment is also

engaged in mines or service sector, or both) other than for which Model Standing

Orders have been adopted, then, he shall within a period of thirty days from such

receipt of intimation of Model Standing Orders so adopted may give his

observation, if any, that the employer is also required to include or adopt

provisions relating to the industrial establishment engaged in mines or service

sector, or both, then the certifying officer shall indicate so and convey such

observations to the employer and direct him to comply with such directions within

a period of thirty days from the date of the receipt of such direction and to send

the compliance report to the certifying officer.

shall remain in force with effect from the date specified in sub-paragraph (1).

Explanation.- For removal of doubt, it is clarified that certifying officer shall not

raise any observation in the event the industrial establishment is engaged in

activities which are wholly covered by the activities of the industrial establishment

to which the Standing Orders apply.

27. Exhibition of Standing Orders.- A copy of these Standing Orders in Hindi,

English and in the local language in which majority of workers in a factory are

conversant with, shall be displayed on the notice board or electronic notice board

and Human Resource portal of the industrial establishment, if any.

Form (i)

(See Modal Standing Order 8)

Notice of discontinuance/re -starting of a shift working to be given by the /an employer.

Name of employer........................................

Address.......................................................

Date the ......................day of ........................20.................

In accordance with Standing Order No.....................of the Standing Orders

certified and approved in respect of my/our industrial establishment, I/we hereby give

notice to all concerned that it is my/our intention to discontinue/restart the shift

working specified in the Annexure with effect from..................

Signature..........................

Designation......................

Annexure

(here specify the particulars of change in the shift working proposed to be effected).

Copy forwarded to:-

(1) The Secretary of registered trade union, if any.

(2) The Assistant Labour Commissioner (State)

(3) The Regional Labour Commissioner (State) Zone.

(4) The Chief Labour Commissioner (Central), New Delhi.]

Note: The notice should be sent by speed post or registered post or on the designated

email of the endorsee.

Form (ii)

(See Model Standing Order No. 13)

Service Card

Name of Estt. / Factory

Identity Badge No. /Token No.

Name

Permanent Account Number (PAN),

Universal Account Number (UAN)

Category of worker (unskilled, semiskilled,

skilled or highly skilled),

Details of family members

Aadhaar number, if consented by the

worker

Specimen Signature/Thumb Impression

Father‘s or Mother‘s or Spouse name

10.

Gender

11.

Date of Birth

12.

Place of Birth

Date of Joining

14.

Details of Medical certificate at the time of

joining

15.

Educational and other qualifications

16.

Language which the worker can read

17.

Language which the worker can write

18.

Language which the worker can speak

19.

Height

20.

Identification Marks

21.

Department

22.

Mobile number and email

23.

Permanent Address

24.

Local Address

25.

Quarter No.

26.

Provident Fund Account No.

27.

Nominee for Gratuity

28.

Nominee for pension, if any

29.

Employees State Insurance No.

30.

Training courses attended (details)

31.

Eligibility for higher jobs

32.

Proficiency tests passed.

33.

EMPLOYMENT HISTORY

Depar

tment

Token

No.

Designation Scale

Pay

Joined

Left ( Reason)

34. ABSENCE PERIODS

Form

Reason

Medical reports regarding suitability for

continued employment

(i) Sick

Leave

(ii) Earned

Leave

(iii) Any

other Leave

35.

Maternity Benefit

36.

Employee‘s Compensation

Details of accidents :

37.

Details of Disciplinary Action

38.

Promotions

(i) Details

(ii) Awards

(iii) Issue of Certificate of commendation

39.

Date of superannuation

40.

Any other matter

Signature or Thumb impression of the person verifying.

[Schedule- B (See Rule 12)] – Service Sector

Draft Model Standing Orders

[See Section 29(1) and Rule 12]

1. Definition.- (1) In these Model Standing Orders, unless there is anything

repugnant to the subject or the context,-

(a) ‘aadhaar” means the aadhaar referred to in Section 142 of the Code on Social

Security, 2020 (36 of 2020)

(b) “code” means the Industrial Relations Code, 2020 (35 of 2020);

(d) “habitual” means with respect to indiscipline, a worker shall be habitual if the

worker commits any misconduct three or more times in preceding twelve months;

and

(e) “standing order” with its grammatical variation and cognate expressions, means

the standing order of these model standing orders.

(2) The words or expressions used in these model standing orders and not defined

therein but defined in the Industrial Relations Code, 2020 (Central Act No. 35 of

2020) shall have the respective meanings assigned to them in the definitions in the

Code.

2. (1) Classification of Worker.- For the purposes of these standing orders, the

workers are classified as below, namely:-

(a) Permanent;

(b) Temporary;

(d) Probationers;

(e) Badlis;

(h) Fixed Term Employment; and

(i) Casual

(2) A ‘Permanent worker’ is a worker who has been engaged on a permanent basis

in an industrial establishment and includes any person who has satisfactorily

completed a probationary period of six months in the same or another occupation

in the industrial establishment including breaks due to sickness, accident, leave,

lockout, strike (not being an illegal strike) or involuntary closure of the industrial

establishment.

(3) A ‘Temporary Worker’ is a worker who has been engaged for work which is of an

essentially temporary nature likely to be finished within a limited period.

(4) ‘Apprentice’ means a person who is undergoing apprenticeship training in

pursuance of a contract of apprenticeship under the Apprenticeship Act, 1961

(Central Act No. 52 of 1961).

(5) A ‘probationer’ is a worker who is provisionally employed to fill a permanent

vacancy in a post and has not completed six months ‘service therein. The period of

probation can be extended further period up to three months after assessing the

performance of the probationer for the post, he has been appointed for. If a

permanent employee is employed as a probationer in a new post he may, at any

time during the probationary period of six months, be reverted to his old

permanent post.

(6) A ‘badli’ is a worker who is appointed against the post of a permanent worker or

probationer who is temporarily absent.

(7) "Fixed term employment" means the engagement of a worker on the basis of a

written contract of employment with the employer for a fixed period:

Provided that—

(a) his hours of work, wages, allowances and other benefits shall not be less

than that of a permanent worker doing the same work or work of similar nature;

(b) he shall be eligible for all statutory benefits available to a permanent

worker proportionately according to the period of service rendered by him even if

his period of employment does not extend to the qualifying period of employment

required in the statute;

for a period of one year; and

(d) for every completed year of service or part thereof in excess of six

months, the employer shall pay gratuity to the worker at the rate of fifteen days‗

wages, based on rate of wages last drawn by the worker concerned as referred to in

sub-section (2) of section 53 of the Code on Social Security, 2020 (Act No.36 of

2020).

Explanation.- For removal of doubt, it is clarified that the termination of service of

a worker as a result of completion of tenure of fixed term employment shall not be

included within the meaning of “retrenchment” as defined under clause (zh) of

section 2 of the Industrial Relations Code, 2020 (Act No.35 of 2020).

(8) “Casual” worker is a worker who has been either engaged for work which is of

an essentially casual nature or whose employment is of a casual nature.

3. Identity Badge or Card.- (1) All workers belonging to any categories under the

Industrial Relations Code, 2020(Act No. 35 of 2020) shall be issued an identity

badge or card bearing his full name, designation, employee number, blood group,

contact number, emergency contact person and his number, and a recent

photograph.

(2) A worker should always wear his identity badge or card during the working

hours of the industrial establishment and produce the same to the authorized

security guard or personnel to allow him the right of entry and stay in the

premises of the industrial establishment.

(3) Such identity badge shall not be transferable to any other persons or workers.

Safe custody of the identity badges or cards shall be ensured by the concerned

workers.

(4) Every worker, who ceases to be in employment of the industrial establishment

or is suspended from services, shall surrender his identity badge or card to the

Department Head or the officer of the industrial establishment designated for such

purpose.

4. Publication of Working Timings.- (1) The periods of hours of work for all

categories of workers shall be exhibited on the notice board or Electronic Notice

Board and on the Human Resource Portal/IT Application of the industrial

establishment, if any, from time to time in Hindi, English and in local language in

which majority of workers in the industrial establishment are conversant.

Provided that in case of IT Sector, the working hour shall be as per agreement or

conditions of appointment between employer and workers.

(2) Any change in periods of hours of work, number of shifts, shift timings, work

on all the days of the week with staggered weekly holidays system or like other

matters, shall also be displayed on notice board or electronic notice board of the

industrial establishment.

5. Publication of Holidays, Pay days and Wage rates.- (1) Notices specifying the

days observed by the industrial establishment as holidays, and pay days shall be

posted on the electronic notice board or notice board and website or Human

Resource portal/IT Application of the industrial establishment, if any.

(2) A list of national and festival Holidays shall be displayed on the Electronic

notice board or notice board and website or Human Resource portal of the

industrial establishment, if any.

Explanation: If a worker is required to work on any Holidays, he/she shall be given

benefits as per prevalent law(s) applicable to workers.

6. Publication of wage rates.- Wage rates payable to all categories of workers

shall be displayed on the electronic notice board or notice board and website or

Human Resource portal of the industrial establishment, if any, in Hindi, English

and local language in which majority of workers in industrial establishment are

conversant.

7. Shift working.- (1) More than one shift may be worked in a department or

departments or any section of a department of the industrial establishment at the

discretion of the employer. If more than one shift is worked, the worker shall be

liable to be transferred from one shift to another. No shift working shall be

discontinued without twenty one days’ notice being given in writing to the workers

prior to such discontinuance:

Provided that no such notice shall be necessary if the closing of the shift is

under an agreement with the workers affected or mutually agreed between

employer and worker. If as a result of the discontinuance of the shift working, any

worker is to be retrenched, such retrenchment shall be effected in accordance with

the provisions of the Industrial Relations Code, 2020 (Act No. 35 of 2020) and the

rules made there under. If shift working is re-started, the workers shall be given

notice and re-employed in accordance with the provisions of the said Code and the

said rules.

(2) Whenever an additional shift is started, or shifts are restarted or discontinued

or altered, twenty- one days prior notice, shall be given to the affected workers:

Provided that no notice shall be required in case of emergent situation which

requires change of shift or shift working, otherwise than in accordance with

Standing Order, in consultation with Grievance Redressal Committee in pursuant

of clause (c) section 40 of the Industrial Relations Code, 2020 (Act No. 35 of 2020):

Provided further that if there is an agreement between employer and worker

regarding change of shift, then no prior notice is required to given by the

management/employer.

Provided also that no notice shall be required, if such change is effected in

accordance with the orders of the Central Government or State Government, as

the case may be, or in pursuance of any settlement or award as envisaged in

clause (d) of section 40 of the Industrial Relations Code, 2020(Act No.35 of 2020).

8. Notice of changes in shift working.- Any notice of discontinuance or of re-

starting of a shift working required by this Standing Order, shall be in Form-(i)

appended to these standing orders and shall be served in the following manner,

namely :-

(a) The notice shall be displayed conspicuously by the employer on a notice-

board or electronic notice board and Human Resource portal of the

industrial establishment if any; and

(b) Where any registered trade union of workers exists, then, a copy of the

notice referred to in clause (a) shall also be served electronically or by

registered post to the Secretary of such union.

9. Work from home, remote location and virtual workplace.- Subject to

conditions of appointment or agreement between employer and workers, employer

may allow a worker to work from home, remote location and virtual workplace for

such period or periods as may be determined by employer.

10. Attendance and Late Coming.- (1) All workers shall be at work at the time

fixed and notified under paragraph 5.Worker attending late will be liable for

deduction provided for in the Code on Wages, 2019 (Act No. 29 of 2019).

(2) All workers shall comply with the regulations related to hours of work for the

time being in force.

(3) Workers shall register their attendance at the start of the shift and at the close

of the shift after and before change of uniform, if any, respectively.

(4) Workers shall use identity card or biometrics or any other system as has been

notified to register their attendance.

(5) No worker shall use or punch the Identity badge or Card other than his own

under any circumstances.

(6) Any worker, reporting late than the scheduled time for reporting shall not be

permitted to enter his department or section, unless permitted by the express

permission of the manager, or any other officer, duly authorized for such purpose.

(7) A worker shall be deemed absent, if he/she fails to attend duty, unless he has

obtained written permission for such absence from the manager or the Officer

authorized in this behalf.

(8) A worker who comes late and remains absent will be liable to deduction of

wages as provided under the Code on Wages, 2019 (Act No.29 of 2019).

11. Leave.- (1) Holidays with pay will be allowed as provided for in the

Occupational Safety, Health and Working Conditions Code, 2020 (Act No.37 of

2020), and other holidays in accordance with law, contract, custom and usage

applicable.