Labour Department issues Draft Puducherry Industrial Relations Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021; invites comments within 19th March
Department of Labour, Puducherry, vide a notification dated 2nd February 2022, has issued a draft of Puducherry Industrial Relations Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 (“Draft Rules”) under the provisions of the Industrial Relations Code, 2020 (“Code”)`, inviting comments and suggestions from the public by 19th March 2022 after which the Draft Rules will be taken into consideration.
Objections or suggestion to the Draft Rules, if any, are required to be addressed to the Secretary, Department of Labour, Government of Puducherry, either by post or through an e-mail to [secylab.pon@nic.in].
Key Takeaways:
1. Matters in an industrial establishment having registered Trade Union for negotiation with employer for the workers employed in the industrial establishment:
The matters pertaining to workers which the negotiating union or negotiating council will negotiate with the employer of the industrial establishment under the Code are as follows:
• classification of grades and categories of workers;
• orders passed by an employer under the standing orders applicable in the industrial establishment;
• wages of the workers including their wage period, dearness allowance, bonus, increment, customary concession or privileges, compensatory and other allowances;
• hours of work of the workers, their rest days, number of working days in a week, rest intervals, working of shifts;
• leave with wages and holidays;
• promotion and transfer policy and disciplinary procedures;
• quarter allotment policy for workers;
• safety, health and working conditions related standards;
• such other matter pertaining to condition of service, terms of employment which are not covered in the above stated points;
• any other matter which is agreed between the employer of the industrial establishment and negotiating union or council;
2. Criteria for recognizing a single registered Trade Union of workers as sole negotiating Union of workers:
Where there is only one registered Trade Union operating in an industrial establishment, having its members of minimum 30% of the total workers employed in the industrial establishment, then the employer of such industrial establishment must recognize such Trade Union as sole negotiating union of the workers
3. Manner of verification of membership of Trade Unions in an industrial establishment:
• The employer of the industrial establishment has to appoint a verification officer (hereinafter in this rule, referred to as verification officer) for the purpose of verification of membership of the Trade Unions in the industrial establishment who shall be an independent officer and shall not have any interest with any of the Trade Union, whose membership verification is to be carried out.
Please note that the process for constitution of the negotiating union or the negotiating council, as the case may be, shall commence three months prior to the expiry of the tenure of the existing recognition period of the trade unions recognised by the employer under the Code of Discipline.
• It is the duty of the employer of the industrial establishment to bear all expenses and make arrangements in connection with the verification of membership of Trade Union.
• Further, the Draft Rules provide a detailed procedure on the verification of trade union.
4. Recognition of Trade Union as negotiating union or constituents of negotiation council:
On the basis of verification report submitted by verification officer, the employer of the industrial establishment has to grant recognition to Trade Union as a negotiating union or constituents of negotiating council as per provisions the Code.
The recognition will be valid for 3 years from the date of recognition of negotiating union or constitution of negotiating council or such further period not exceeding five years, in total, as may be mutually decided by the employer and the negotiating union or negotiating council, as the case may be.
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5. The provisions regarding list of facilities to be provided by the industrial establishment to a negotiating union or to a negotiating council, have also been incorporated in the Draft Rule.
A Copy of the Notification is attached for ease of reference.
Source: Government of Puducherry
