CHAPTER XIV: MISCELLANEOUS Section 90: Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings This section provides crucial job protection for workers involved in an existing dispute while the case is pending before an authority (Conciliation Officer, Arbitrator, or Tribunal). Sub-Section (1): No Prejudice for Related Matters Sub-Section (2): Permitted
CHAPTER XII: UNFAIR LABOUR PRACTICES Section 84: Prohibition of unfair labour practice This section lays down a blanket rule forbidding both employers and workers/unions from engaging in specified illegal activities.
CHAPTER XIII: OFFENCES AND PENALTIES Section 85: Power of officers of appropriate Government to impose penalty in certain cases This section details the mechanism for imposing fines for specific, less severe violations of the Code through a government-appointed officer (adjudicating officer), without necessarily going to court. Sub-Section (1): Appointing the Adjudicating Officer Sub-Section (2): Powers
CHAPTER XI: WORKER RE-SKILLING FUND Section 83: Worker re-skilling fund This section creates a national fund to help retrenched workers gain new skills and find new jobs. Sub-Section (1): Creation of the Fund Sub-Section (2): Fund Composition The fund is primarily financed by employer contributions. Sub-Section (3): Fund Utilisation (Direct Credit to Worker)
CHAPTER X: SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS This chapter applies stricter rules, mainly requiring prior government permission, for lay-offs, retrenchments, and closures in large establishments. Section 77: Application of this Chapter This section defines which large establishments are covered by the special, strict rules of Chapter X. Sub-Section (1):
CHAPTER IX: LAY-OFF, RETRENCHMENT AND CLOSURE Section 65: Application of sections 67 to 69 This section defines which businesses are exempted from the general rules regarding compensation for lay-off (Sections 67, 68, and 69). Sub-Section (1): Exemptions The rules in Sections 67 (Lay-off Compensation), 68 (Muster Rolls), and 69 (No Compensation Cases) do not apply
CHAPTER VIII: STRIKES AND LOCK-OUTS Section 62: Prohibition of strikes and lock-outs This is one of the most critical sections, specifying the situations and timeframes when workers cannot go on strike and when employers cannot impose a lock-out. Sub-Section (1): Prohibition of Strikes (for Workers) A person employed in an industrial establishment cannot go on
CHAPTER VII: MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES Section 43: Conciliation officers This section formally establishes the role of the government-appointed Conciliation Officer. Sub-Section (1): Appointment and Duty Sub-Section (2): Scope of Appointment Section 44: Industrial Tribunal This crucial section establishes the Industrial Tribunal, the specialized labor court where unresolved disputes are formally decided. Sub-Section
CHAPTER VI: VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION Section 42: Voluntary reference of disputes to arbitration This chapter provides a non-judicial, co-operative path for resolving disputes where both the employer and workers agree to let a private third party make a binding decision. Sub-Section (1): Agreement to Arbitrate Sub-Section (2): Handling Even Arbitrator Numbers (Umpire)
CHAPTER V: NOTICE OF CHANGE Section 40: Notice of change This is the central rule governing an employer’s ability to change a worker’s conditions of service. It requires formal notice for specific, listed matters. Proviso (Exceptions to the 21-Day Rule): Section 41: Power of appropriate Government to exempt This section grants the government the ability
