Section 1. Any increase or reduction (other than casual) in the number of persons employed or to be employed in

11. Any increase or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control. ———— STATEMENT OF OBJECTS AND REASONS The Second National Commission on Labour, which submitted its report in June 2002, had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:-- - (a) industrial relations; - (b) wages; - (c) social security; - (d) safety; and - (e) welfare and working conditions. 11. Any other matter which may be specified by the appropriate Government by notification. THE SECOND SCHEDULE [See sections 2 (zo), 84, 86 (5) and 101(1)] UNFAIR LABOUR PRACTICES I. ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS - (1) To interfere with, restrain from, or coerce, workers in the exercise of their right to organise, form, join or assist a Trade Union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say,— - (a) threatening workers with discharge or dismissal, if they join a Trade Union; - (b) threatening a lock-out or closure, if a Trade Union is organised; - (c) granting wage increase to workers at crucial periods of Trade Union organisation, with a view to undermining the efforts of the Trade Union organisation. - (2) To dominate, interfere with or contribute support, financial or otherwise, to any Trade Union, that is to say,— - (a) an employer taking an active interest in organising a Trade Union of his workers; and - (b) an employer showing partiality or granting favour to one of several Trade Unions attempting to organise his workers or to its members, where such a Trade Union is not a recognised Trade Union. - (3) To establish employer sponsored Trade Unions of workers. - (4) To encourage or discourage membership in any Trade Union by discriminating against any worker, that is to say,— - (a) discharging or punishing a worker, because he urged other workers to join or organise a Trade Union; - (b) discharging or dismissing a worker for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Code); - (c) changing seniority rating of workers because of Trade Union activities; - (d) refusing to promote workers to higher posts on account of their Trade Union activities; - (e) giving unmerited promotions to certain workers with a view to creating discord amongst other workers, or to undermine the strength of their Trade Union; - (f) discharging office-bearers or active members of the Trade Union on account of their Trade Union activities. (5) To discharge or dismiss workers,— - (a) by way of victimisation; - (b) not in good faith, but in the colourable exercise of the employer's rights; - (c) by falsely implicating a worker in a criminal case on false evidence or on concocted evidence; - (d) for patently false reasons; - (e) on untrue or trumped up allegations of absence without leave; - (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; - (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the worker, thereby leading to a disproportionate punishment. 1. Classification of workers, whether permanent, temporary, apprentices, probationers, badlis or fixed term employment. - (6) To abolish the work of a regular nature being done by workers, and to give such work to contractors as a measure of breaking a strike. - (7) To transfer a worker mala fide from one place to another, under the guise of following management policy. - (8) To insist upon individual workers, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work. - (9) To show favouritism or partiality to one set of workers regardless of merit. - (10) To employ workers as badli workers, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workers. - (11) To discharge or discriminate against any worker for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute. - (12) To recruit worker during a strike which is not an illegal strike. - (13) Failure to implement award, settlement or agreement. - (14) To indulge in acts of force or violence. - (15) To refuse to bargain collectively, in good faith with the recognised Trade Unions. - (16) Proposing or continuing a lock-out deemed to be illegal under this Code. - II. ON THE PART OF WORKERS AND TRADE UNIONS OF WORKERS - (1) To advise or actively support or instigate any strike deemed to be illegal under this Code. - (2) To coerce workers in the exercise of their right to self-organisation or to join a Trade Union or refrain from, joining any Trade Union, that is to say— - (a) for a Trade Union or its members to picketing in such a manner that non-striking workers are physically debarred from entering the work places; - (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workers or against managerial staff. - (3) For a recognised union to refuse to bargain collectively in good faith with the employer. - (4) To indulge in coercive activities against certification of a bargaining representative. - (5) To stage, encourage or instigate such forms of coercive actions as wilful, "go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff. Explanation 1.—For the removal of doubts, it is clarified that "go-slow" shall mean an occasion when more than one worker in an establishment conjointly work more slowly and with less effort than usual to try to persuade the employer of the establishment to agree to higher pay or better service condition or such other demand. Explanation 2.—For the purposes of Explanation 1, the expression "usual" shall mean,— - (i) where the standard has been specified for a worker for his work either daily, weekly or monthly basis, such work; and - (ii) where no such standard has been specified such rate of work which is the average of work in the previous three months calculated on daily or weekly or monthly basis, as the case may be. - (6) To stage demonstrations at the residence of the employers or the managerial staff members. - (7) To incite or indulge in wilful damage to employer's property connected with the industry. - (8) To indulge in acts of force or violence or to hold out threats of intimidation against any worker with - a view to prevent him from attending work. THE THIRD SCHEDULE [See sections 40 and 101 (1)] CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 1. Wages, including the period and mode of payment. (q) "industrial dispute" means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person and includes any dispute or difference between an individual worker and an employer connected with, or arising out of discharge, dismissal, retrenchment or termination of such worker; (r) "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on: Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,— (i) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking which is not carrying on or aiding the carrying on of any such activity, such unit shall be deemed to be a separate industrial establishment or undertaking; (ii) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking; (s) "insurance company" means a company as defined in section 2 of the Insurance Act, 1938 (4 of 1938); (t) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason, to give employment to a worker whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. Explanation .—Every worker whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause: Provided that if the worker, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day: Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day; (u) "lock-out" means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him; (v) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908); (w) "metro railway" means the metro railway as defined in sub-clause (i) of clause (1) of section 2 of the Metro Railways (Operation and Maintenance) Act, 2002 (60 of 2002); (x) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); (y) "National Industrial Tribunal" means a National Industrial Tribunal constituted under section 46; (z) "negotiating union or negotiating council" means the negotiating union or negotiating council referred to in section 14; (za) "notification" means a notification published in the Official Gazette of India or the Official Gazette of a State, as the case may be, and the expression "notify" with its grammatical variation and cognate expressions shall be construed accordingly; (zb) "office-bearer", in relation to a Trade Union, includes any member of the executive thereof, but does not include an auditor; (zc) "prescribed" means prescribed by rules made under this Code; (zd) "railway" means the railway as defined in clause (31) of section 2 of the Railways Act, 1989 (24 of 1989); (ze) "registered office" means that office of a Trade Union which is registered under this Code as the head office thereof; (zf) "registered Trade Union" means a Trade Union registered under this Code; (zg) "Registrar" means a Registrar of Trade Unions appointed by the State Government under section 5; (zh) "retrenchment" means the termination by the employer of the service of a worker for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include— (i) voluntary retirement of the worker; or (ii) retirement of the worker on reaching the age of superannuation; or (iii) termination of the service of the worker as a result of the non-renewal of the contract of employment between the employer and the worker concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or (iv) termination of service of the worker as a result of completion of tenure of fixed term employment; or (v) termination of the service of a worker on the ground of continued ill-health; (zi) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and to the conciliation officer; (zj) "standing orders" means orders relating to matters set-out in the First Schedule; (zk) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment and includes the concerted casual leave on a given day by fifty per cent. or more workers employed in an industry; (zl) "Trade Union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workers and employers or between workers and workers, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions: Provided that the provisions of Chapter III of this Code shall not affect — (i) any agreement between partners as to their own business; or (ii) any agreement between an employer and those employed by him as to such employment; or (iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft; (zm) "Trade Union dispute" means any dispute relating to Trade Union arising between two or more Trade Unions or between the members of a Trade Union inter se; (zn) "Tribunal" means an Industrial Tribunal constituted under section 44; (zo) "unfair labour practice" means any of the practices specified in the Second Schedule; (zp) "unorganised sector" shall have the same meaning as assigned to it in clause (l) of section 2 of the Unorganised Workers' Social Security Act, 2008 (33 of 2008); (zq) "wages" means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,— (i) basic pay; (ii) dearness allowance; (iii) retaining allowance, if any, but does not include— (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; - (h) any overtime allowance; - (i) any commission payable to the employee; - (j) any gratuity payable on the termination of employment; or (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment: Provided that, for calculating the wage under this clause, if any payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed to be remuneration and shall be accordingly added in wages under this clause: Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wage. Explanation .—Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee; (zr) "worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961) (52 of 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists as defined in clause (f) of section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 195 (45 of 1955) 5 and sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976), and for the purposes of any proceeding under this Code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person— (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who is employed in a supervisory capacity drawing wages exceeding eighteen thousand rupees per month or an amount as may be notified by the Central Government from time to time: Provided that for the purposes of Chapter III, "worker"— (a) means all persons employed in trade or industry; and (b) includes the worker as defined in clause (m) of section 2 of the Unorganised Workers' Social Security Act, 2008 (33 of 2008). ==> picture [64 x 13] intentionally omitted <== BI-PARTITE FORUMS