Draft of Industrial Relation (Odisha) Rules, 2021

The Draft Rules of Odisha for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 18 May 2021.

Applicability

The Draft Rules upon coming into force shall extend to the whole state of Odisha for the matters in which Odisha is the appropriate Government, and shall come into force on the date of their in the Odisha Gazette.

Upon coming into force, the Rules will repeal:

  • The Odisha Trade Union Regulations, 1941;
  • The Odisha Industrial Employment (Standing Orders) Rules,1946;
  • The Odisha Industrial Disputes Rules, 1959; and
  • The Verification of Membership and Recognition of Trade Union Rules, 1994

Compliances

  • Form I - Memorandum of Settlement Arrived at during Conciliation Proceeding or Settlement Arrived at between the Employer and his Workers otherwise than in the course of Conciliation Proceeding [Rule 3]
  • Form II - Register of membership and subscription [Rule 2
  • Form III - Application for Registration of Trade Union [Rule 14 & 15]
  • Form IV - Certificate of Registration of Trade Union [Rule 16 & 27]
  • Form V - Register of Trade Unions [Rule 17 & 27]
  • Form VI - Notice before withdrawal or cancellation of Certificate of Registration [Rule 18]
  • Form VII - Certificate of membership [Rule 23(13)(b)(ii)]
  • Form VIII - Notice to Trade Unions under Check off System [Rule 23 (m) B (ii) and (iv)]
  • Form IX - Application for Adjudication of disputes of Trade Unions [Rule 26]
  • Form X - Annual returns prescribed under Section 26(1) of the Code [Rule 10 and 29]
  • Form XI - (Annual returns [Rule 10 and 29]
  • Form XII - Register for Certified Standing Orders [Rule 38]
  • Form XIII - Notice of change of service conditions proposed by an employer [Rule 40]
  • Form XIV - Agreement for voluntary arbitration [Rule 41]
  • Form XV - Authorization by a worker, group of workers, employer, group of employers to be represented in a proceeding before the authority under this Code [Rule 43, 65 and 66]
  • Form XVI - Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer [Rule 47]
  • Form XVII - Application for recovery of money due under section 59(1) of the Code [Rule 48]
  • Form XVIII - Application by a person authorised by a worker or by the assignee or heir of a deceased worker under section 59(1) of the Code [Rule 48]
  • Form XIX - Application for determination of the amount due under section 59(2) of the Code (35 of 2020 [Rule 48]
  • Form XX - Application by a person who is an assignee or heir of a deceased worker under section 59(2) of the Code [Rule 48]
  • Form XXI - Notice of Strike to be given by Union (Name of Union)/ Group of Workers [Rule 49]
  • Form XXII - Notice of Lock-out to be given by an employer of an industrial establishment [Rule 50]
  • Form XXIII - Notice of Intimation of Retrenchment/ Closure to be given by an employer to the State Government under the provisions of Chapter IX of the Code [Rule 51 & 53]
  • Form XXIV - Application for permission of Lay-off/ Continuation of Lay-off/ Retrenchment/ Closure to be given by an employer / Industrial establishment /Undertaking to the State Government under the provisions of Chapter X of the Code and rules made there under [Rule 54, 56 & 58]
  • Form XXV - Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under Section 89(4) [Rule 62 & 65]
  • Form XXVI - Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under Section 89(4) [Rule 64]

References

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