What are Arunachal Pradesh's rules under the Industrial Relations Code, 2020?
Jurisdiction: Arunachal Pradesh state rules under the Industrial Relations Code, 2020.
Arunachal Pradesh notified the Industrial Relation (Arunachal Pradesh) Rules, 2021 by notification dated 17 December 2021 (No. LAB (W) 11/2021), published in the Arunachal Pradesh Extraordinary Gazette (No. 286, Vol. XXVIII) on 23 December 2021. The 39-page notification sets out the state's bi-partite forums, trade union registration, standing orders, arbitration and tribunal machinery, strike and lock-out notices, lay-off, retrenchment and closure procedure, the worker re-skilling fund and the compounding of offences. This page synthesizes those obligations from the gazette text; the verbatim rule-by-rule text is on the linked /states page, and the source PDF is available for download below.
Key facts
- Parent code
- Industrial Relations Code, 2020
- Jurisdiction
- Arunachal Pradesh (state rules)
- Notified
- 23 December 2021
- Gazette reference
- No. LAB (W) 11/2021, dated 17 December 2021, Government of Arunachal Pradesh, Department of Labour and Employment, published in the Arunachal Pradesh Extraordinary Gazette No. 286, Vol. XXVIII, 23 December 2021
- Source gazette length
- 39 pages
Key obligations
Scope, commencement and coverage
Source: Rule 1 and the notification's rule-making clause
The rules are titled the Industrial Relation (Arunachal Pradesh) Rules, 2021, extend to the whole state, and supersede prior state industrial-relations instruments.
- These rules may be called the Industrial Relation (Arunachal Pradesh) Rules, 2021, and extend to the whole of Arunachal Pradesh (rule 1).
- They come into force on the date the Industrial Relations Code, 2020 itself takes effect (rule 1), not on the gazette publication date.
- They are made in supersession of the Assam Industrial Employment (Standing Orders) Rules, 1947 (as adopted by the state), the Arunachal Pradesh Industrial Employment (Standing Orders) Amendment Rules, 2020, and the Arunachal Pradesh Trade Union (Amendment) Regulations, 2005; the notification lists a further superseded instrument at clause (iii) but the parsed gazette text truncates that citation, so it is not reproduced here (see the source PDF for the complete list).
Works Committee and Grievance Redressal Committee
Source: Rules 4 to 7 (Chapter II)
Chapter II sets how the two bi-partite forums are constituted and how a worker raises and escalates a grievance.
- A Works Committee constituted under section 3 has its total membership capped at 20, with the worker representatives not fewer than the employer representatives, a two-year term, and meetings at least once every three months (rule 4).
- A Grievance Redressal Committee in an industrial establishment employing 20 or more workers has an equal number of employer and worker members capped at 10 in total, with representation of women workers not less than their proportion in the establishment (rule 5).
- An aggrieved worker may file a grievance before the Grievance Redressal Committee within one year from the date the cause of action arose (rule 6).
- A worker aggrieved by the Committee's decision, or whose grievance is not resolved within 30 days, may apply to the conciliation officer within 60 days (rule 7).
Trade unions: registration, funds and negotiating status
Source: Rules 8 to 23 (Chapter III)
Chapter III fixes trade union subscriptions, audit, the registration forms, negotiating-union recognition and annual returns.
- The minimum trade union subscription is 100 rupees per person and the monthly subscription is 20 rupees (rule 8).
- The annual audit is conducted by an auditor authorised under section 139 of the Companies Act, 2013; where the union's membership never exceeded 250 during the financial year, two members of the union may audit the accounts (rule 9).
- An application for registration is made in Form V, the certificate of registration is issued in Form VI and the register of unions is kept in Form VII; the Registrar may use Aadhaar identification for verification (rules 12 to 13).
- Where an industrial establishment has a single registered trade union, the employer recognises it as the sole negotiating union only if more than 25% of the total workers are its members at the time negotiation is initiated (rule 16).
- A registered trade union furnishes its annual return to the Registrar by 31 July each year in Form IX (rule 22).
- The State Government may recognise a trade union or federation as a State Trade Union where it has a combined verified membership of one lakh or more present in at least four types of industries in the state (rule 23).
Standing orders and notice of change
Source: Rules 24 to 33 (Chapters IV and V)
Chapters IV and V cover adoption and certification of standing orders and the notice an employer gives before changing service conditions.
- When an employer adopts the central model standing orders, it intimates the certifying officer, who has 30 days to require relevant provisions to be included, failing which adoption is deemed (rule 24).
- The certified standing order is maintained in Hindi or English and in the official language of the state (rule 30), and the certifying officer keeps a register of certified standing orders and supplies copies at 10 rupees per page (rule 31).
- An employer proposing a change to service conditions in a matter specified in the Third Schedule to the Code gives notice in Form X to the affected workers and displays it conspicuously at the establishment (rule 33).
Arbitration and the dispute-resolution mechanism
Source: Rules 34 to 41 (Chapters VI and VII)
Chapters VI and VII set out voluntary arbitration, the constitution and service terms of the State Industrial Tribunal, conciliation and recovery of dues.
- A voluntary reference to arbitration is made through an arbitration agreement in Form XI, signed by the parties and accompanied by the arbitrator's consent (rule 34).
- The State Industrial Tribunal's Judicial and Administrative Members are appointed by the State Government on the recommendation of a Search-cum-Selection Committee, hold office for four years or until the age of 65, and are paid a fixed salary of 2,20,000 rupees per month (rule 37).
- In conciliation, where no settlement is reached the conciliation officer submits a report to the Secretary (Labour and Employment) within seven days of the proceedings concluding (rule 39).
- A dispute not settled in conciliation may be taken to the Tribunal within 90 days in Form XIV, and the Tribunal communicates its award to the parties and the State Government within one month of pronouncement (rule 40).
- Money due to a worker under a settlement, an award or the provisions of Chapter IX or X of the Code may be recovered on application in Form XV (rule 41).
Strikes, lock-outs, lay-off, retrenchment and closure
Source: Rules 42 to 53 (Chapters VIII to XI)
Chapters VIII to XI govern strike and lock-out notices, retrenchment and closure procedure, and the worker re-skilling fund.
- A strike notice is given in Form XIX signed by the union secretary and five elected representatives, and the employer intimates the concerned conciliation officer within five days of receiving any such notice (rule 42); a lock-out notice is given by the employer in Form XX (rule 43).
- Retrenchment of a worker in continuous service for not less than one year requires notice in Form XXI to the State Government and the Labour Commissioner (rule 44), and a retrenched worker is offered re-employment preference at least 10 days in advance where a vacancy arises within one year (rule 45).
- In establishments to which the special provisions apply, prior permission for lay-off, retrenchment or closure is sought from the State Government in Form XXII, with a closure application made at least 90 days before the intended closure (rules 47 to 51).
- On retrenching a worker, the employer transfers an amount equal to 15 days of the worker's last-drawn wages to the state-maintained worker re-skilling fund within 10 days, and the State Government transfers it to the worker within 45 days for re-skilling (rule 53).
Offences, protected workers and representation
Source: Rules 54 to 59 (Chapters XII and XIII)
Chapters XII and XIII cover compounding of offences, recognition of protected workers and authorisation of representatives.
- The compounding officer notified under section 89 issues a notice in Form XXIII, and the accused may compound the offence by depositing the specified amount within 15 days of receiving the notice (rule 54).
- Every registered trade union communicates to the employer, before 30 April each year, the officers it proposes as protected workers, and the employer recognises them within 15 days for a 12-month period (rule 55).
- A complaint of unfair labour practice under section 91 is made in Form XXIV (rule 56), and a worker who is not a member of any trade union may authorise a representative in Form XII to act in a proceeding (rule 57).
Frequently asked questions
Official gazette PDF
No. LAB (W) 11/2021, dated 17 December 2021, Government of Arunachal Pradesh, Department of Labour and Employment, published in the Arunachal Pradesh Extraordinary Gazette No. 286, Vol. XXVIII, 23 December 2021