The Labour Department of Madhya Pradesh, has proposed the Madhya Pradesh Industrial Relations Rules, 2020 (“Draft Rules”) under the provisions of the Industrial Relations Code, 2020 (“Code”) through an extraordinary gazette dated 9th February 2021.
Objections and Suggestions have been invited on the Draft Rules by 9th March, 2021. The same may be addressed to Deputy Secretary to the Government of Madhya Pradesh, Department of Labour, Mantralaya, Vallabh Bhawan, Bhopal or by an email to dslabourmp@mp.gov.in.
Background:
The Draft Rule proposes to supersede The Madhya Pradesh Industrial Disputes Rules, 1957, The Madhya Pradesh Trade Union Regulations 1961 and The Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 while giving effect to the Code in the state of Madhya Pradesh.
Applicability:
The Draft Rules will be applicable to the industrial establishments in the state of Madhya Pradesh.
Key Takeaways:
1. Constitution of Works Committee
The Employer of an industrial establishment employing one hundred or more workers in the preceding twelve months is required to constitute a Works Committee. The number of members constituting the Committee must be fixed to afford representation to the various categories, groups and classes of workers engaged in, and to the sections, shops or departments of the establishments but the total number of members in the Works Committee must not be more than twenty. The Works Committee must consist of a Chairman, Vice-Chairman, Secretary and Joint Secretary where the Secretary and Joint Secretary must be elected every year. The representative of the employer in the Works Committee must be nominated by the employer and must be officials in direct touch or associated with the working of the industrial establishment.
2. Provision for Model Standing Orders
The Employer upon adopting the model standing orders made by the Government under section 29 of the Code with respect to matters relevant to the industrial establishment or undertaking must intimate the concerned certifying officer electronically the specific date from which the relevant provisions of the model standing order have been adopted. The certifying officer within a period of thirty days of the receipt may give his observation that the employer is required to include certain provisions of the model standing orders which have not been adopted and will direct the employer to amend the standing order by way of addition, deletion, modification within a period of thirty days from the date of receipt of such direction by the employer. The employer may be required to provide a compliance report with respect to provisions which the certifying officer seeks to get amended and such report must be sent electronically by the employer.
3. Provision for Draft Standing Orders
The Employer must prepare draft standing orders within a period of six months from the date of the Code coming into effect covering all the matters laid down in the First Schedule of the Code. The draft standing orders must be accompanied by a statement consisting of the particulars such as name of the industrial establishment or undertaking concerned, address, e-mail address, contact number and strength and details of workers employed therein including particulars of Trade Union to which such workers belong.
4. Notice proposing changes to the Conditions of Service.
The Employer intending to make any changes in the conditions of service applicable to any worker with respect to any matter specified in the third schedule of the Code is required to give a notice in Form-XVI to the workers affected by such changes and such notice must be displayed by the employer conspicuously on the notice board and at the main entrance of the industrial establishment and the office of the concerned manager of the industrial establishment.
5. Notice of Strike
The notice of strike must be given to the employer of an industrial establishment in Form XXII and it must be signed by the Secretary and five elected representatives of the registered Trade Union which is either a negotiating union or member trade union of the negotiating council relating to such industrial establishment. The copy of the notice must be sent electronically or in other manner to the concerned conciliation officer, Labour Commissioner and the State Government.
6. Notice of Lock-out
The notice of lockout must be given by the employer of an industrial establishment in Form XXIII to the General Secretary or Secretary of every registered trade union relating to such industrial establishment. The copy of the notice must be sent to the concerned conciliation officer, Labour Commissioner and the State Government electronically or otherwise and such notice must be displayed by the employer conspicuously on the notice board or electronic board at the main entrance of the industrial establishment.
7. Notice of Retrenchment
The employer intending to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him must give the notice of retrenchment in Form XXIV to the Conciliation Officer, State Government, and the Labour Commissioner, through e-mail or registered or speed post.
8. Notice of Closure
The Employer intending to close down an industrial establishment must provide a notice of closure in Form XXV to the State Government and send a copy of such notice to the concerned Labour Commissioner and Conciliation Officer through email or registered post or speed post.
9. Worker Re-Skilling Fund
The Employer must electronically transfer an amount equivalent to fifteen days of last drawn wages to retrenched workers in the account provided by the State Government for all the workers retrenched by the Employer under the Code. The Employer must also submit the list containing the name of each worker retrenched, the amount equivalent to fifteen days of wages last drawn in respect of each worker along with their bank account details to enable the State Government to transfer the amount in their respective accounts.
Source: Labour Department, Madhya Pradesh
