F. No. Z-20025/26/2015-LRC

Government of India

Ministry of Labour and Employment

Shram Shakti Bhawan, Rafi Marg,

New Delhi dated, the 27th April, 2015.

Subject: Draft Labour Code on Industrial Relations- reg.

Ministry of Labour & Employment has decided to draft the ‘Labour Code on Industrial Relations’ which is proposed to be made after amalgamation of following Labour Laws:-

The Trade Unions Act, 1926

The Industrial Employment (Standing Orders) Act, 1946

The Industrial Disputes Act, 1947

2. Now, the suggestion/comments are invited from all concerned/stakeholders on the Draft Labour Code on Industrial Relations. Your suggestion must reach to Shri S.K. Tripathi, Under Secretary, Ministry of Labour & Employment, Room No-17, Shram Shakti Bhawan, New Delhi (Tel FAX No-23766937 E-mail: ) latest by 26th May, 2015 positively.


Yours faithfully,

(S. K. Tripathi)

Under Secretary to the Government of India

Telefax No- 23766937

Email ID:-Sushil.tripathi@nic.in


Home -:Ministry of Labour and Employment, Government of India <link outdate - home link added>

From India, Malappuram

Attached Files
File Type: pdf Draft Labour Code on Industrial Relations Bill 2015.pdf (855.5 KB, 764 views)

Dear All,

Please find a news article on : UNIONS OPPOSE CHANGES TO LABOUR LAWS


Trade unions are up in arms over the Labour Ministry’s proposals to allow firms with up to 300 workers to retrench employees without prior permission of the government and make it tougher to form a trade union.

The proposals are part of the draft Labour Code on Industrial Relations Bill, 2015, prepared by the Labour Ministry to combine Industrial Disputes Act, 1947, the Trade Unions Act, 1926, and the Industrial Employment (Standing Orders) Act, 1946.

Central trade unions, including the BJP-backed Bharatiya Mazdoor Sangh (BMS), are planning to protest strongly against the proposals.

“We will protest against this provision under which firms will not have to take prior permission for retrenchment under draft Labour Code on Industrial Relation Bill 2015,” Bharatiya Mazdoor Sangh Zonal Organising Secretary Pawan Kumar told PTI.

At present, firms employing 100 or more workers are required to seek government’s permission for retrenchment under the Industrial Dispute Act.

“We will also oppose the proposal to make it tougher to form trade unions. Our President BN Rai will attend the tripartite consultation on the bill on May 6. The union is unanimous on opposing the government’s proposal,” he said.

At present, any seven or more members of a trade union can apply for registration of the Trade Union.

The proposed provision in draft code provides that 10 per cent of workers shall apply (be applicant) for registering a trade union.

In cases where 10 per cent of workers is less than 7, at least seven workers are required (to apply) for the purpose and where the 10 per cent of workers exceed 100, hundred workers shall be sufficient for registering the trade union.

“We have been opposing this when this was being implemented in Rajasthan. We will oppose it on May 6 meeting. They cannot make law stringent for forming trade unions,” Hind Mazdoor Sabha Secretary A D Nagapal said.

“When Rajasthan Government had sent the state bill with the provision (retrenchment) for Presidential assent, then Labour Minister Narendra Singh Tomar has assured us that it will not be done. But now they want to amend the central law, which would be be applicable to entire country,” he added.

All India Trade Union Congress Secretary DL Sachdev said, “We will strongly oppose the proposal to exempt firm with up to 300 employees from seeking permission from the government to retrench and new provisions which would discourage formation of trade unions in India.”

He suggested that government should constitute a tripartite committee with employees’ and employers’ representative on board along experts to study the bill in detail before firming up the draft bill.”

From India, Mumbai
Dear all

Need your comment on this bill.As i have gone through the complete bill and being representative of employer, we have certain objections which will take up in concerned forum.still i need more suggestions so same can be taken up with government of India.

1.Definition of Employer is totally cut pasted from the factories act which is welfare

legislation .now in this act employer means a person who employs directly or indirectly in his establishment. It means the persons who even comes for one day to do certain job is also our employee.even contract worker is also our employee for any dispute.

2.definition of worker needs to be amended with salary limit .if any person is doing any type of job may be mannual ,clerical,skilled ,unskilled and getting a handsome salary than he should not be called as worker

3.registration of Trade union norms to become strict ,still you can have 10 unions registered in your organisation,so multiplicity of union concept will again have boost.

4.Application for raising industrial dispute period is three years or unlimited if he satisfy to the authorities.whereas it should have limit of one year

5.penalty clause is very stringent and trade union can take benefit of it .

if you have not followed the retrenchment process in a one particular case than penalty can be 10 lakhs rupees.

we donot understand Modi government wants to bring the industrialisation or wants to finish the industry.

From India, Delhi

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