The Industrial Relations Code, 2020 (“Code”) consolidates various laws relating to trade unions, industrial disputes, and employment relations in India. Apart from the core provisions on dispute resolution and labour rights, the Code also contains miscellaneous provisions that support its effective implementation. These provisions deal with matters such as protection of workers during pending disputes, representation of parties, government powers, interpretation of awards and rule-making authority.

What happens to workers’ conditions of service during the pendency of an industrial dispute?

During the pendency of proceedings before a conciliation officer, arbitrator, Tribunal, or National Industrial Tribunal, the employer cannot alter the service conditions of workers concerned in the dispute to their prejudice or punish them for misconduct connected with the dispute without written permission of the authority before which the dispute is pending.

Can an employer change service conditions for matters not connected with the dispute during pending proceedings?

Yes. The employer may alter service conditions relating to matters not connected with the dispute or punish a worker for unrelated misconduct in accordance with standing orders or the contract of employment.

What conditions must be satisfied before dismissing or discharging a worker during pending proceedings?

The worker must be paid one month’s wages, and the employer must apply to the authority before which the dispute is pending for approval of the action taken.

What restrictions apply to action against protected workers during pending proceedings?

The employer cannot alter service conditions to the prejudice of a protected worker or discharge or punish such worker without express written permission of the authority before whom the dispute is pending.

Who is a protected worker?

A protected worker is a member of the executive or an office-bearer of a registered trade union connected with the establishment and recognized as such according to prescribed rules.

How many workers can be recognized as protected workers?

One percent of the total workers employed, subject to a........

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