The Odisha government notified the Draft Rules for the Industrial Relations Code in the gazette on 18 May 2021.
Applicability
Once in force, the Draft Rules will apply across the whole State of Odisha, for matters where Odisha is the appropriate Government, effective from the date of publication in the Odisha Gazette. They will repeal four existing regulations:
- Odisha Trade Union Regulations, 1941
- Odisha Industrial Employment (Standing Orders) Rules, 1946
- Odisha Industrial Disputes Rules, 1959
- Verification of Membership and Recognition of Trade Union Rules, 1994
Compliances
The Draft Rules prescribe twenty-six 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 – Register of membership and subscription (Rule 2)
- Form III – Application for trade union registration (Rules 14 & 15)
- Form IV – Certificate of trade union registration (Rules 16 & 27)
- Form V – Register of trade unions (Rules 17 & 27)
- Form VI – Notice before withdrawal or cancellation of a certificate of registration (Rule 18)
- Form VII – Certificate of membership (Rule 23(13)(b)(ii))
- Form VIII – Notice to trade unions under the check-off system (Rule 23(m)(B)(ii) & (iv))
- Form IX – Application for adjudication of trade union disputes (Rule 26)
- Form X – Annual returns prescribed under Section 26(1) of the Code (Rules 10 & 29)
- Form XI – Annual returns (Rules 10 & 29)
- Form XII – Register of certified standing orders (Rule 38)
- Form XIII – Notice of an employer’s proposed change to service conditions (Rule 40)
- Form XIV – Agreement for voluntary arbitration (Rule 41)
- Form XV – Authorization for representation before the authority under the Code (Rules 43, 65 & 66)
- Form XVI – Application to the Tribunal for matters unresolved by the Conciliation Officer (Rule 47)
- Form XVII – Application for recovery of money due under Section 59(1) of the Code (Rule 48)
- Form XVIII – Application by a person authorized by a worker, or by the assignee or heir of a deceased worker, under Section 59(1) (Rule 48)
- Form XIX – Application for determination of the amount due under Section 59(2) of the Code (Rule 48)
- Form XX – Application by an assignee or heir of a deceased worker under Section 59(2) (Rule 48)
- Form XXI – Notice of strike by a union or group of workers (Rule 49)
- Form XXII – Notice of lock-out by an employer (Rule 50)
- Form XXIII – Notice of retrenchment or closure to the State Government under Chapter IX (Rules 51 & 53)
- Form XXIV – Application for permission of lay-off, continued lay-off, retrenchment, or closure under Chapter X (Rules 54, 56 & 58)
- Form XXV – Notice to an employer for a first-time offence, for compounding under Section 89(4) (Rules 62 & 65)
- Form XXVI – Notice to an employer for a first-time offence, for compounding under Section 89(4) (Rule 64)