The Draft Rules of Kerala for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 30 December 2021.
Applicability
The Draft Rules upon coming into force shall extend to the whole state of Kerala and they shall come into force on the date of their final publication in the Official Gazette.
Upon coming into force, the Rules will repeal:
- The Kerala Industrial Dispute Rules, 1957;
- The Kerala Industrial Employment (Standing Orders) Rules, 1958;
- The Kerala Trade Unions Regulations, 1958; and
- The Kerala Recognition of Trade Union Rules, 2011
Compliances
- Form I – Application for Registration of Trade Union [Rule 7]
- Form II - Affidavit to be filed along with Application [Rule 7]
- Form III - Certificate of Registration [Rule 10]
- Form IV - Register of Trade Unions [Rule 11 & 20(2)]
- Form V - Request to withdraw or cancel Certificate of Registration [Rule 12]
- Form VI – Notice of cancellation or withdrawal of Trade Union [Rule 14]
- Form VII – Certification of Cancellation/Withdrawal [Rule 16]
- Form VIII - Notice of change of name of Trade Union [Rule 19]
- Form IX - Notice of Amalgamation of Trade Unions [Rule 20]
- Form X – Notice of Amendment to the Constitution of Trade Union [Rule 21]
- Form XI – Notice of Dissolution of Trade Union [Rule 22]
- Form XII – Annual Returns by the Trade Unions [Rule 24]
- Form XIII – Annual Returns by the Federation of Trade Unions [Rule 24]
- Form XIV – Application of the issuance of Certificate of Recognition [Rule 34(1)]
- Form XV – Application for the verification by Trade Union [Rule 34(2) & 35(8)]
- Form XVI – Notice of Hearing by Verification Officer [Rule 35(1)]
- Form XVII - Register of Recognised Trade Unions in Industrial Establishment and Class of Industry [Rule 33, 36 and 63 (2)]
- Form XVIII – Verification Report by Verification Officer [Rule 37]
- Form XIX – Nomination [Rule 46]
- Form XX – Certificate of Recognition of Trade Union by the Employer [Rule 33 & 63(1)]
- Form XXI – Memorandum of Settlement [Rule 64(3) & 85]
- Form XXII – Application for Certification of Standing Orders [Rule 66]
- Form XXIII – Notice of Standing Order [Rule 67 (a) & (b)]
- Form XXIV – Notice for Exhibition of Standing Orders [Rule 69(1)]
- Form XXV – Register of Certified Standing Orders [Rule 76]
- Form XXVI – Notice of change of service conditions [Rule 78(1)]
- Form XXVII – Agreement for Voluntary Arbitration [Rule 79(1)]
- Form XXVIII – Authorization for representation [Rule 81, 116 & 117]
- Form XXIX - Form of Oath of Office for Member of Industrial Tribunal [Rule 82(4) & 83(3)]
- Form XXX – Application before the Tribunal in the matter not settled by the Conciliation Officer [Rule 84(7)]
- Form XXXI – Register of Settlement [Rule 86]
- Form XXXII – Application for Recovery of Money [Rule 87(1)]
- Form XXXIII – Claim Petition [Rule 87(2)]
- Form XXXIV – Application by an assignee or legal heir [Rule 87(2)]
- Form XXXV – Notice of Strike [Rule 96(1)]
- Form XXXVI – Notice of Lock-out [Rule 97]
- Form XXXVII – Notice of Intimation of Retrenchment / Closure [Rule 99 & 102]
- Form XXXVIII – Application for Permission of Lay-off/continuation of lay-off/retrenchment/closure [Rule 103, 105& 107]
- Form XXXIX – Application for Compounding of Offences [Rule 113]
- Form XL – Complaint under section 91 of the Code [Rule 115]
References