Draft of Industrial Relation (Jammu & Kashmir) Rules, 2021

The Draft Rules of Jammu & Kashmir for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 15 January 2021.

Applicability

The Draft Rules upon coming into force shall extend to the territorial jurisdiction of Jammu and Kashmir and they shall come into force on the date of their publication in the Official Gazette.

The Draft Rules upon coming into force shall repeal:

  • The Jammu and Kashmir Trade Union Regulations, 1972;
  • The Industrial Employment (Standing Orders) Jammu and Kashmir Rules, 1972;
  • The Industrial Disputes (Jammu and Kashmir State) Rules, 1972

Compliances

  • Form I - Memorandum of settlement arrived at during conciliation/ or settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding [Rule 2]
  • Form II - Annual Return [Rule 8, Rule 10 & Rule 24]
  • Form III - Application for Registration of Trade Union [Rule 9]
  • Form IV - Register of Trade Union [Rule 11]
  • Form V - Certificate of Registration [Rule 12]
  • Form VI - Notice of change of service conditions proposed by an employer) [Rule 35]
  • Form VII - Agreement for voluntary arbitration [Rule 36]
  • Form VIII - Authorization by a worker, group of workers, employer, group of employer to be represented in a proceeding before the authority under the Code [Rule 38, 57 & 58]
  • Form IX - Form of Oath of Office for Judicial Member or Administrative Member of Industrial Tribunal [Rule 39]
  • Form X - Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer [Rule 40]
  • Form XI - Notice of Strike to be given by Union (Name of Union)/ Group of Workers [Rule 41]
  • Form XII - Notice of Lock-out to be given by an employer of an industrial establishment [Rule 42]
  • Form XIII - Notice of Intimation of Retrenchment/Closure to be given by an employer to the Jammu and Kashmir Government under the provisions of Chapter IX of the Code, and rules made thereunder [Rule 43 & 45]
  • Form XIV - Application for permission of Lay-off/ Continuation of Layoff/ Retrenchment/ Closure to be given by an employer/ Industrial establishment /Undertaking to the Jammu and Kashmir Government under the provisions of Chapter X of the Code and rules made thereunder [Rule 46, 47, 49 & 51]
  • Form XV - Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under section 89(4) [Rule 54]
  • Form XVI - Complaint under Section 91 of the Code [Rule 56]

References

  • Industrial Relation (Jammu & Kashmir) Rules, 2021
  • Industrial Relation Code, 2020
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