The Gujarat government notified the Draft Rules for the Industrial Relations Code in the gazette on 31 March 2021.
Applicability
Once in force, the Draft Rules will apply across the whole of Gujarat, for establishments and matters where the State Government is the appropriate Government, effective from the date of publication in the Official Gazette. They will repeal three existing regulations:
- Industrial Disputes (Gujarat) Rules, 1966
- Gujarat Trade Unions Regulations, 1963
- Bombay Industrial Employment (Standing Orders) Rules, 1959
Compliances
The Draft Rules prescribe twenty-one forms covering procedures under the Code:
- Form I – Memorandum of settlement reached during conciliation, or between employer and workers outside conciliation proceedings (Rule 3)
- Form II – Notice of an employer’s proposed change to service conditions (Rule 17)
- Form III – Agreement for voluntary arbitration (Rule 18)
- Form IV – Authorization for representation before the authority under the Code (Rules 20, 39 & 40)
- Form IV A – Oath of office for a Judicial or Administrative Member of the State Industrial Tribunal (Rules 21 & 22)
- Form V – Application to the Tribunal for matters unresolved by the Conciliation Officer (Rule 23)
- Form VI – Notice of strike by a union or group of workers (Rule 24)
- Form VII – Notice of lock-out by an employer (Rule 25)
- Form VIII – Notice of retrenchment or closure to the State Government (Rules 26 & 28)
- Form IX – Application for permission of lay-off, continued lay-off, retrenchment, or closure under Chapter X (Rules 29, 31 & 33)
- Form X – Notice to an employer for a first-time offence, for compounding under Section 89(4) (Rule 36)
- Form XI – Complaint under Section 91 of the Code (Rule 38)
- Form XII – Application for trade union registration (Rule 41(1))
- Form XIII – Certificate of trade union registration, issued by the Registrar of Trade Unions (Rule 42)
- Form XIV – Register of trade unions (Rule 43)
- Form XV – Request to withdraw or cancel a certificate of registration (Rule 45)
- Form XVI – Application to the Tribunal for adjudication of trade union disputes (Rule 47)
- Form XVII – Change in a trade union’s registration particulars, 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 a trade union (Rule 51)
- Form XXI – Annual returns (Rules 53 & 56)