The Jammu & Kashmir administration notified the Draft Rules for the Industrial Relations Code in the gazette on 15 January 2021.
Applicability
Once in force, the Draft Rules will apply across the territorial jurisdiction of Jammu and Kashmir, effective from the date of publication in the Official Gazette. They will repeal three existing regulations:
- Jammu and Kashmir Trade Union Regulations, 1972
- Industrial Employment (Standing Orders) Jammu and Kashmir Rules, 1972
- Industrial Disputes (Jammu and Kashmir State) Rules, 1972
Compliances
The Draft Rules prescribe sixteen forms covering procedures under the Code:
- Form I – Memorandum of settlement reached during conciliation, or between employer and workers outside conciliation proceedings (Rule 2)
- Form II – Annual returns (Rules 8, 10 & 24)
- Form III – Application for trade union registration (Rule 9)
- Form IV – Register of trade unions (Rule 11)
- Form V – Certificate of registration (Rule 12)
- Form VI – Notice of an employer’s proposed change to service conditions (Rule 35)
- Form VII – Agreement for voluntary arbitration (Rule 36)
- Form VIII – Authorization for representation before the authority under the Code (Rules 38, 57 & 58)
- Form IX – Oath of office for a Judicial or Administrative Member of the Industrial Tribunal (Rule 39)
- Form X – Application to the Tribunal for matters unresolved by the Conciliation Officer (Rule 40)
- Form XI – Notice of strike by a union or group of workers (Rule 41)
- Form XII – Notice of lock-out by an employer (Rule 42)
- Form XIII – Notice of retrenchment or closure to the Jammu and Kashmir Government under Chapter IX (Rules 43 & 45)
- Form XIV – Application for permission of lay-off, continued lay-off, retrenchment, or closure under Chapter X (Rules 46, 47, 49 & 51)
- Form XV – Notice to an employer for a first-time offence, for compounding under Section 89(4) (Rule 54)
- Form XVI – Complaint under Section 91 of the Code (Rule 56)