Labour and Industrial Law-II
Solapur University · LL.B. Semester 3 · CC-XIII
Unit 1 — Preliminary (The Industrial Relations Code, 2020)
1.1 Short title, extent and commencement. · 1.2 Definitions.
Unit 2 — Bi-partite Forums
2.1 Works Committee. · 2.2 Grievance Redressal Committee.
Unit 3 — Trade Unions
3.1 Registration of Trade Unions. · 3.2 Provisions to be contained in constitution of Trade Union. · 3.3 Application for registration, alteration of name and procedure thereof. · 3.4 Cancellation of registration · 3.5 Appeal against non-registration or cancellation of registration. · 3.6 Communication to Trade Union and change in its registration particular · 3.7 Recognition of negotiating union or negotiating council. · 3.8 Objects of general fund, composition of separate fund and membership fee of Trade Union. · 3.9 Immunities of Registered Trade Union · 3.10 Enforceability of agreements. Right to inspect books of Trade Union. · 3.11 Rights of minor to membership of Trade Union. · 3.12 Disqualification of office-bearers of Trade Unions. · 3.13 Adjudication of disputes of Trade Unions. · 3.14 Change of name, amalgamation, notice of change and its effect. · 3.15 Dissolution. · 3.16 Annual returns. · 3.17 Recognition of Trade Unions at Central and State level.
Unit 4 — Standing Orders
4.1 Making of model standing orders by Central Government and temporary application. · 4.2 Preparation of drafts standing orders by employer and procedure for certification. · 4.3 Date of operation of standing orders and its availability. · 4.4 Registration of standing orders. · 4.5 Duration and modification of standing order. · 4.6 Interpretation, etc., of standing orders. · 4.7 Time limit for completing disciplinary proceedings and liability to pay subsistence allowance.
Unit 5 — Mechanism for Resolution of Industrial Disputes
5.1 Conciliation officers. · 5.2 Industrial Tribunal · 5.3 National Industrial Tribunal. · 5.4 Decision of Tribunal or National Industrial Tribunal. Disqualifications for members of Tribunal and National Industrial Tribunal. · 5.5 Procedure and powers of arbitrator, conciliation officer, Tribunal and National Industrial Tribunal · 5.6 Transfer of pending cases. · 5.7 Conciliation and adjudication of dispute. · 5.8 Form of award, its communication and commencement. · 5.9 Payment of full wages to worker pending proceedings in higher Courts. · 5.10 Persons on whom settlements and awards are binding. Period of operation of settlements and awards. · 5.11 Recovery of money due from employer. Commencement and conclusion of proceedings. Certain matters to be kept confidential.
Unit 6 — Strikes and Lock-outs
6.1 Prohibition of strikes and lock-outs. · 6.2 Illegal strikes and lock-outs. · 6.3 Prohibition of financial aid to illegal strikes or lock-outs.
Unit 7 — Lay-off, Retrenchment and Closure
7.1 Rights of workers laid-off for compensation, etc. · 7.2 Duty of an employer to maintain muster rolls of workers. · 7.3 Workers not entitled for compensation in certain cases. · 7.4 Conditions precedent to retrenchment of workers. · 7.5 Procedure for retrenchment. · 7.6 Re-employment of retrenched worker. · 7.7 Compensation to workers in case of transfer of establishment. · 7.8 Sixty days’ notice to be given of intention to close down any undertaking. · 7.9 Compensation to workers in case of closing down of undertakings. · 7.10 Effect of laws inconsistent with this Chapter.
Unit 8 — Unfair Labour Practices
8.1 Prohibition of unfair labour practice.
Unit 9 — Preliminary (The Occupational Safety, Health and Working Conditions Code, 2020): Short title, extent, commencement, and definitions (e.g., "establishment," "employer," "employee")
9.1 Registration: Registration of certain establishments. · 9.2 Duties of Employer: Providing a safe work environment, free annual health checkup, and appointing required safety officers. · 9.3 Duties and rights of Employees: Compliance with safety standards, reporting risks, and duties of manufacturers/designers.
Unit 10 — Occupational Safety and Health
10.1 Establishment of Advisory Boards. · 10.2 Occupational Safety and Health Standards · 10.3 Health, Safety and Working Conditions · 10.4 Responsibility of the employer
Unit 11 — Welfare Provisions
11.1 Welfare facilities in the establishment · 11.2 Hours of work, Weekly and compensatory holidays, Over time, night shifts and prohibition of overlapping shifts · 11.3 Restriction on double employment · 11.4 Annual leave with wages · 11.5 Maintenance of registers and records · 11.6 Appointment and powers of Inspector - cum - facilitators
Unit 12 — Special provisions for Women
12.1 Employment of women · 12.2 Adequate safety of employment of women in dangerous operation
Unit 13 — Special Provisions for contract labour and Inter-state migrant workers etc.
13.1 Licensing contractors- procedure for issue/ renewal of licenses · 13.2 Revocation, suspension and amendment of license · 13.3 Liability of Principal employer for welfare facilities · 13.4 Effect of employing contract labour from a non licensed contractor · 13.5 Responsibility for payment of wages · 13.6 Prohibition of employment of contract labour. · 13.7 Facilities to inter-state migrant workers