Draft of Industrial Relation (Gujarat) Rules, 2021

The Draft Rules of Gujarat for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 31 March 2021.

Applicability

The Draft Rules upon coming into force shall extend to the whole of Gujarat, in respect to the establishments and matters for which State Government is the appropriate Government and they shall come into force on the date of their publication in the Official Gazette.

The Draft Rules upon coming into force shall repeal:

  • The Industrial Disputes (Gujarat) Rules, 1966.
  • The Gujarat Trade Unions Regulations, 1963; and
  • The Bombay Industrial Employment (Standing Orders) Rules, 1959.

Compliances

  • Form I - Memorandum of settlement arrived at during conciliation/ or settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding [Rule 3]
  • Form II – Notice of Change of Service Conditions proposed by an Employer [Rule 17]
  • Form III – Agreement for Voluntary Arbitration [Rule 18]
  • Form IV - Authorization by a worker, group of workers, employer, group of employers to be represented in a proceeding before the authority under the Code [Rule 20, 39 & 40]
  • Form IV A - Form of Oath of Office for Judicial Member or Administrative Member of State Industrial Tribunal [Rule 21 & 22]
  • Form V - Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer [Rule 23]
  • Form VI - Notice of Strike to be given by Union (Name of Union)/ Group of Workers [Rule 24]
  • Form VII - Notice of Lock-out to be given by an employer of an industrial establishment [Rule 25]
  • Form VIII - Notice of Intimation of Retrenchment/Closure to be given by an employer to the State Government [Rule 26 & 28]
  • Form IX - The application for permission of Lay-off or for continuation of lay-off/Retrenchment/Closure in Industrial establishments or undertaking to which provisions of Chapter X of the Code and rules made thereunder [Rule 29,31, & 33]
  • Form X - Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under section 89 (4) [Rule 36]
  • Form XI - Complaint under Section 91 of the Code [Rule 38]
  • Form XII - Application for Registration of Trade Unions [Rule 41(1)]
  • Form XIII - Certificate of Registration of Trade Union Office of the Registrar of Trade Unions [Rule 42]
  • Form XIV - Register of Trade Unions [Rule 43]
  • Form XV - Request to Withdraw or Cancel Certificate of Registration [Rule 45]
  • Form XVI - Application before Tribunal regarding adjudication of disputes of Trade Union [Rule 47]
  • Form XVII – Change in Trade Union registration particulars and its constitution or rules [Rule 48]
  • Form XVIII - Notice of Change of Name [Rule 49]
  • Form XIX - Notice of Amalgamation of Trade Unions [Rule 50]
  • Form XX – Notice of Dissolution of Trade Union [Rule 51]
  • Form XXI – Form for Annual Returns [Rule53 & 56]

References

  • Industrial Relation (Gujarat) Rules, 2021
  • Industrial Relation Code, 2020
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