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Industrial Relations Code 2020: Harmony in Labour Relations

Industrial Relations Code 2020: Harmony in Labour Relations

Effective November 21, 2025, India’s Industrial Relations Code 2020 redefines how employers and employees interact, negotiate, resolve conflicts, and maintain workplace harmony. This legislation focuses on structured dialogue, fair procedures, and mutual respect—not just compliance.

What is the Industrial Relations Code?

This code consolidates and modernizes 3 outdated labour laws into one comprehensive framework governing:

  • Trade union formation & operations
  • Collective bargaining & negotiations
  • Dispute resolution mechanisms
  • Strikes & lockouts procedures
  • Worker representation & protection

Core Philosophy: Industries thrive when workers feel heard, respected, and treated fairly. This code creates structures for that to happen.

4 Pillars of the Code

PILLAR 1: TRADE UNION RIGHTS

Workers Can Now:

  • Form trade unions (10% membership minimum)
  • Elect democratic leadership
  • Negotiate collectively
  • Represent members’ interests
  • Access workplace for recruitment
  • Demand employer negotiations

Union Rights:

  • Official recognition by employer
  • Workplace access for organizing
  • Protected time for union activities
  • Information sharing with employer
  • Participation in safety/welfare committees

Employer Cannot:

  • Discriminate against union members
  • Interfere with union activities
  • Prevent membership drives
  • Retaliate against union leaders
  • Deny negotiations

Example: If a union wants to represent workers, employer must negotiate, even if it’s inconvenient.

PILLAR 2: COLLECTIVE BARGAINING

What Is Collective Bargaining?

Collective bargaining under the industrial relations code 2020 ensures workers negotiate as a group rather than individually, strengthening fairness and balance. When workers (through union/representation) negotiate as a group with employer on:

  • Wages & salaries
  • Working hours & shifts
  • Leave & holidays
  • Safety measures
  • Job security
  • Benefits & allowances

How It Works:

  1. Union submits collective demands
  2. Employer & union negotiate
  3. Settlement reached (ideally)
  4. Implementation by specific date
  5. Grievance resolution if issues

Worker Benefit: Individual workers don’t negotiate alone—collective power ensures fair terms.

Example: Instead of workers accepting whatever salary offered, they collectively demand ₹5% raise, which employer must discuss seriously.

PILLAR 3: DISPUTE RESOLUTION MECHANISM

This structured dispute resolution framework is one of the most impactful reforms introduced by the industrial relations code 2020, reducing timelines drastically.

Step 1: Grievance Raised

  • Worker submits written complaint
  • Covers any unfair treatment
  • Supervisor/HR receives complaint

Step 2: Internal Discussion (7-14 days)

  • Informal resolution attempt
  • Both parties present views
  • Try to find mutual agreement

Step 3: Formal Grievance (If unresolved)

  • Written submission to management
  • Higher authority reviews
  • Investigation if needed
  • Response within 7-14 days

Step 4: Conciliation (If still unresolved)

  • Neutral third party involved
  • Both sides present case
  • Mediator suggests solutions
  • Binding if both agree

Step 5: Arbitration (Final step)

  • Single arbitrator appointed
  • Formal hearing
  • Evidence presented
  • Binding award issued

Timeline: Complete resolution ideally within 21 days (urgent) to 45 days (complex).

Key Improvement: Much faster than previous courts/tribunals (which took 3-5 years).

PILLAR 4: STRIKES & LOCKOUTS

Strikes (Workers’ Right to Strike)

What is a strike?

Workers collectively stop work to pressure employer into accepting demands or protesting unfair treatment.

Legal Requirements:

  • 14 days advance notice
  • Majority worker support (vote)
  • Cannot strike during conciliation
  • Cannot strike for political causes
  • Cannot strike without legitimate demand

Worker Protection:

  • Cannot be terminated for striking
  • Cannot be discriminated against
  • Protected from lockout retaliation
  • Can return to job after settlement

Illegal Strikes:

  • Without proper notice
  • Without majority support
  • During essential services (partial)
  • For non-work-related causes

Lockouts (Employer’s Right)

What is a lockout?

Employer temporarily closes workplace to pressure workers or prevent more damage.

Legal Requirements:

  • 14 days advance notice
  • Valid reason (not just avoiding negotiation)
  • Cannot be used as harassment
  • Must follow due process

Employer Obligations:

  • Give notice & reason
  • Follow dispute procedures first
  • Cannot use indefinitely
  • Must negotiate in good faith

Worker Protection:

  • Still entitled to wages during lockout (in certain cases)
  • Cannot be used punitively
  • Must end when settlement reached

Standing Orders: New Requirement

Standing orders are a mandatory compliance element under the industrial relations code 2020, ensuring transparency in employment conditions.

What Are Standing Orders?

These are written rules covering all employment aspects. Every employer must display them clearly.

Must Include:

  1. Classification of Workers
    • Permanent, temporary, casual, seasonal
    • How each classified
    • Conditions for each category
  2. Wages & Payment Method
    • How wages calculated
    • Deduction rules
    • Payment date & method
    • Overtime rates
  3. Working Hours
    • Daily hours
    • Weekly hours
    • Shift timings
    • Overtime compensation
  4. Holidays & Leave
    • Weekly rest days
    • Public holidays
    • Casual leave entitlement
    • Sick leave policy
    • Annual leave policy
    • Special leave (maternity, bereavement, etc.)
  5. Conduct & Discipline
    • Expected behavior standards
    • Prohibited conduct
    • Dress code (if applicable)
    • Punctuality requirements
    • Confidentiality obligations
  6. Suspension & Termination
    • Grounds for suspension
    • Grounds for termination
    • Notice period required
    • Severance payment
    • Appeal process
  7. Grievance Procedure
    • How to file grievance
    • Timeline for resolution
    • Authority to decide
    • Appeal mechanism
  8. Overtime & Rest
    • Mandatory rest periods
    • Compensation for overtime
    • Choice of payment/leave

Legal Requirement: Must be displayed in local language where workers can see it.

Penalty for Non-Compliance: ₹1-5 lakh + potential criminal prosecution.

Protected Categories

Workers Cannot Be Discriminated Against For:

  • Union membership or activities
  • Reporting safety issues
  • Filing genuine grievances
  • Attending union meetings
  • Protecting rights under this code
  • Gender, caste, religion, disability (existing protections continue)
  • Whistleblowing on violations

If Discriminated Against:

  • File grievance immediately
  • Protected from termination
  • Get compensation for losses
  • Can demand reinstatement

Unfair Labor Practices (Prohibited)

Employer Cannot:

Against Unions: 

  • Interfere with formation or activities
  • Discriminate in hiring/firing based on union membership
  • Force workers to join/not join unions
  • Threaten workers for union activities

Against Individual Workers: 

  • Retaliate for filing grievances
  • Refuse to negotiate with union
  • Force workers to sign away legal rights
  • Penalize for refusing illegal work
  • Punish for accidents/injuries

Other: 

  • Victimize safety complainants
  • Refuse access to workplace for union
  • Dismiss without due process
  • Deny wages for legitimate reasons

Remedy: Workers can file complaint to labor authority for investigation & compensation.

Specific Provisions for Different Sectors

Industrial Establishments (10+ workers):

  • Full code application
  • Standing orders mandatory
  • Safety committee required
  • Works committee for grievances

Service Sector (10+ workers):

  • Code applies (new)
  • Standing orders required
  • Grievance mechanism mandatory
  • Union recognition allowed

Construction Sector:

  • Project-specific provisions
  • Worker welfare board involvement
  • Portable benefits
  • Simplified dispute resolution

Transport and Logistics:

  • Shift-specific provisions
  • Night work regulations
  • Mandatory rest periods
  • Emergency provisions

Compliance For Employers: Step – By – Step

MONTH 1: Preparation

  •  Review current policies
  •  Identify gaps in compliance
  •  Prepare standing orders
  •  Review grievance procedures
  •  Establish works committee

MONTH 2: Implementation

  •  Display standing orders (in local language)
  •  Communicate with all workers
  •  Train supervisors on new procedures
  •  Set up grievance mechanism
  •  Establish union recognition process

MONTH 3: Monitoring

  •  Ensure compliance in all departments
  •  Address grievances promptly
  •  Document all procedures
  •  Prepare audit trail
  •  Regular communication with workers

Ongoing:

  •  Maintain updated records
  •  Resolve grievances within timelines
  •  Participate in collective bargaining in good faith
  •  Follow all dispute procedures
  •  Regular worker communication

What Workers Should Know

You Have the Right to:

  1. Organize
    • Form/join trade union
    • Elect representatives
    • Participate in union activities
  2. Bargain Collectively
    • Demand wage negotiations
    • Present collective grievances
    • Negotiate working conditions
  3. Grievance Protection
    • File formal complaints
    • Get fair hearing
    • Appeal unfair decisions
    • Protected from retaliation
  4. Strike (Legally)
    • Stop work with notice
    • Demand fair compensation
    • Protected from termination
  5. Information Access
    • Know standing orders
    • Understand grievance process
    • Access employment records
    • Know your rights

Dispute Resolution Timeline

Day 1: Grievance filed

Day 7: Internal discussion

Day 14: Formal grievance if unresolved

Day 21: Conciliation hearing

Day 35: Arbitration hearing begins

Day 45: Award issued (maximum)

Total: Up to 45 days vs. 3-5 years in courts!

Frequently Asked Questions

Q: Can employer prevent workers from forming a union?
A: No. It’s a legal right. Preventing it is an unfair labor practice.

Q: What if employer refuses to bargain?
A: File complaint to labor authority. Failure to bargain in good faith is violation.

Q: Can I be fired for striking?
A: No (if done legally). Firing for legal strike is unfair practice.

Q: How long can a lockout last?
A: Until settlement or 60 days (whichever is earlier), unless extended.

Q: Can non-unionized workers use this code?
A: Yes! Individual workers can file grievances & access dispute resolution.

Building Harmonious Workplaces

Success Formula:

  1. Transparent Communication
    • Regular updates to workers
    • Open-door policy
    • Clear policies
  2. Fair Procedures
    • Follow standing orders
    • Consistent discipline
    • Prompt grievance resolution
  3. Worker Respect
    • Acknowledge concerns
    • Participate in decisions
    • Fair compensation
  4. Union Engagement
    • Recognize legitimate unions
    • Negotiate in good faith
    • Work toward settlements
  5. Continuous Improvement
    • Act on feedback
    • Improve working conditions
    • Regular dialogue

Result: Reduced conflict, higher productivity, better reputation, talent attraction.

Conclusion

The Industrial Relations Code 2020 is not anti-business—it is pro-fairness. By introducing clarity, speed, and structured engagement, it reduces uncertainty and enables organizations to focus on growth instead of disputes. The industrial relations code 2020 does not eliminate conflicts; it structures them productively, creating trust-driven and resilient workplaces.

Organizations that embrace this code early build cultures of:

  • Trust & respect
  • Fair treatment
  • Quick problem resolution
  • Worker loyalty
  • Sustainable growth

The code doesn’t eliminate conflicts—it structures them productively.

ProCURE HR: Your IR Compliance Partner

We help organizations comply with the industrial relations code 2020 by:

  • Develop standing orders
  • Set up grievance mechanisms
  • Train on union recognition
  • Prepare for negotiations
  • Document compliance
  • Handle disputes effectively

Build industrial harmony: sales@procurehr.com 

Other Major Labour Codes in India

To ensure end-to-end compliance under the industrial relations code 2020, employers must also understand how this legislation works in alignment with other key labour reforms introduced in India.

Understanding how these labour codes operate together with the Industrial Relations Code 2020 is essential for building compliant, resilient, and future-ready organizations.