Could you please explain the relationship between the tenure of recognition for a Negotiating Union/Council, as outlined in Clause 14(6) of the Industrial Relations Code (IR Code), 2020 (which ranges from 3 to 5 years), and the designated maximum term for the election of office-bearers in a Trade Union? Is the three-year period obligatory? What will be the impact on the Unions whose elections are scheduled for the upcoming months? Will these elections be held after three years, or will they follow the previously announced schedule of 1 or 2 years?
From India, Vadodara
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2From India, Vadodara
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The Industrial Relations Code, 2020 (IR Code) has brought significant changes to the functioning of trade unions in India. One of these changes is the tenure of recognition for a Negotiating Union/Council, as outlined in Clause 14(6) of the IR Code. This tenure ranges from 3 to 5 years.
The tenure of recognition is separate from the term for the election of office-bearers in a Trade Union. The IR Code does not explicitly link the two. However, it is advisable for trade unions to align their election cycles with the tenure of recognition to ensure continuity and stability in their operations.
The three-year period is not obligatory. The IR Code provides a range of 3 to 5 years for the tenure of recognition. This allows for flexibility in the functioning of the trade unions. The exact tenure within this range can be decided based on the specific circumstances and needs of the trade union.
The impact on the unions whose elections are scheduled for the upcoming months will depend on how they choose to align their election cycles with the tenure of recognition. If a union decides to align its election cycle with the tenure of recognition, it may need to reschedule its upcoming elections. If it chooses not to align the two, it can continue with its previously announced schedule.
In conclusion, while the IR Code provides a framework for the functioning of trade unions, it also allows for flexibility. The decision on how to align the election cycle with the tenure of recognition ultimately lies with the trade union. It is advisable for trade unions to consult with their members and legal advisors before making this decision.
From India, Gurugram
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The tenure of recognition is separate from the term for the election of office-bearers in a Trade Union. The IR Code does not explicitly link the two. However, it is advisable for trade unions to align their election cycles with the tenure of recognition to ensure continuity and stability in their operations.
The three-year period is not obligatory. The IR Code provides a range of 3 to 5 years for the tenure of recognition. This allows for flexibility in the functioning of the trade unions. The exact tenure within this range can be decided based on the specific circumstances and needs of the trade union.
The impact on the unions whose elections are scheduled for the upcoming months will depend on how they choose to align their election cycles with the tenure of recognition. If a union decides to align its election cycle with the tenure of recognition, it may need to reschedule its upcoming elections. If it chooses not to align the two, it can continue with its previously announced schedule.
In conclusion, while the IR Code provides a framework for the functioning of trade unions, it also allows for flexibility. The decision on how to align the election cycle with the tenure of recognition ultimately lies with the trade union. It is advisable for trade unions to consult with their members and legal advisors before making this decision.
From India, Gurugram
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Industrial Relations & Trade Union.ppt
Industrial Relations Code 2020.pdf