Ministry of Labour notifies Draft rules on Trade unions under IR Code.

The Ministry of Labour and Employment on 4th May 2021 has notified the Draft Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 and has invited feedback from the public which shall be addressed to Shri Sanjeev Nanda, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No 17, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 or by e-mail – sanjeev.dom@nic.in within 30 days.

The rules provide for criteria for recognising a registered trade union of workers as the sole negotiating union of workers.

Where there is only one registered Trade Union operating in an industrial establishment having its members not less than thirty 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.

The employer of the industrial establishment shall appoint a verification officer for the purpose of verification of membership of the Trade Unions in the industrial establishment who shall be an independent officer and shall not have any interest with any of the Trade Union.

On the basis of verification report submitted by verification officer, the employer of the industrial establishment shall grant recognition to Trade Union as a negotiating union or constituents of negotiating council, which shall be valid for 3 years.

The unions can discuss with employers about quarter allotment policy for workers; safety, health and working conditions related standards and any other matter which is agreed between employer of the industrial establishment and negotiating union or council. 

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