Industrial Relations Code, 2020 - Vocabulary Flashcards

Vocabulary practice flashcards covering key definitions, statutory terms, and provisions from the Industrial Relations Code, 2020.

Industrial Relations Code, 2020

A consolidated Indian statute regulating trade unions, standing orders, industrial disputes, strikes, lock-outs, lay-offs, retrenchments, closures, and dispute resolution mechanisms across industrial establishments.

Appellate Authority (Section 2(a))

An authority appointed by the appropriate Government via notification in the Official Gazette to exercise designated appellate functions in a specified area, such as hearing appeals regarding standing orders.

Appropriate Government (Section 2(b))

The governmental body determining administrative jurisdiction: Central Government for specified sectors like railways, mines, oil fields, banking, major ports, and CPSUs; State Government for all other industrial establishments within its territory.

Arbitrator (Section 2(c))

An independent adjudicator chosen by mutual consent of the employer and workers to resolve an industrial dispute, explicitly including an umpire.

Average Pay (Section 2(d))

The benchmark average wages payable to a worker calculated over a specific lookback period: 3 complete calendar months for monthly paid, 4 complete weeks for weekly paid, and 12 full working days for daily paid workers.

Award (Section 2(e))

An interim or final determination of any industrial dispute or related question adjudicated by an Industrial Tribunal or National Industrial Tribunal, including a voluntary arbitration award.

Certifying Officer (Section 2(g))

An officer designated and notified by the appropriate Government to exercise statutory powers of certifying, amending, and validating draft Standing Orders under Chapter IV.

Closure (Section 2(h))

The permanent closing down of an entire place of employment or any part or department thereof.

Conciliation Officer (Section 2(i))

A public officer appointed under Section 43 by the appropriate Government to mediate, intervene, and facilitate settlements in industrial disputes.

Controlled Industry (Section 2(k))

Any industry where control by the Union Government is declared by a Central Act to be expedient in the public interest.

Employee (Section 2(l))

Any person employed in an industrial establishment for hire or reward to perform skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical, or clerical work, excluding apprentices and armed forces personnel.

Employer (Section 2(m))

Any person who employs one or more employees or workers directly or through an intermediary, including specified HoD authority in government establishments, Chief Executives of local authorities, factory occupiers/managers, contractors, and legal representatives of a deceased employer.

Fixed Term Employment (Section 2(o))

The engagement of a worker under a written contract for a fixed period with statutory guarantees of equal parity in work/pay/benefits with permanent workers, pro-rata welfare benefits, and gratuity after 1 year of continuous service.

Industry (Section 2(p))

Any systematic activity carried on by cooperation between an employer and worker for the production, supply, or distribution of goods or services to satisfy human wants, excluding purely spiritual/religious wants, domestic service, sovereign functions, and charitable institutions.

Industrial Dispute (Section 2(q))

Any dispute or difference between employers and employers, employers and workers, or workers and workers connected with employment, non-employment, terms of employment, or conditions of labour, including individual discharge/dismissal disputes.

Lay-off (Section 2(t))

The temporary inability, failure, or refusal of an employer to give work to an active worker on the muster roll (not retrenched) due to shortage of coal/power/raw materials, stock accumulation, machinery breakdown, natural calamity, or connected reasons.

Lock-out (Section 2(u))

The temporary closure of a workplace, suspension of work, or refusal by an employer to continue employing any number of workers.

National Industrial Tribunal (Section 2(y))

An apex tribunal constituted by the Central Government under Section 46 to adjudicate disputes involving questions of national importance or affecting establishments in more than one State.

Negotiating Union or Negotiating Council (Section 2(z))

The statutory sole bargaining agent or representative council recognised under Section 14 to negotiate agreements with the employer on behalf of all workers.

Retrenchment (Section 2(zh))

The termination by the employer of a worker's service for any reason whatsoever except as disciplinary punishment, excluding VRS, superannuation, contract expiry, or continued ill-health.

Settlement (Section 2(zi))

A legally binding dispute resolution document arrived at in conciliation proceedings, or a written bipartite agreement signed outside conciliation with copies dispatched to designated authorities.

Standing Orders (Section 2(zj))

Rules of conduct, service conditions, worker classifications, shift schedules, attendance, and disciplinary procedures relating to matters specified in the First Schedule of the Code.

Strike (Section 2(zk))

A cessation of work or concerted refusal to work by workers acting in combination, explicitly including concerted casual leave taken on a single day by at least 50% of workers in an industry.

Trade Union (Section 2(zl))

Any temporary or permanent combination formed primarily to regulate relations between workers and employers, workers and workers, or employers and employers, or to impose restrictive conditions on trade or business.

Unfair Labour Practice (Section 2(zo))

Any prohibited coercive, discriminatory, or bad-faith practice committed by employers, workers, or trade unions listed in the Second Schedule of the Code.

Wages (Section 2(zq))

All remuneration expressible in monetary terms payable upon fulfilling employment terms, including basic pay, dearness allowance, and retaining allowance, with specified exclusions capped at 50% of total remuneration.

Worker (Section 2(zr))

Any person employed for hire or reward to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work (earning up to ₹18,000/month in supervisory roles), excluding managerial/administrative staff, apprentices, and armed forces/police.

Works Committee (Section 3)

A mandatory internal bipartite committee formed in industrial establishments employing 100 or more workers to preserve amity, discuss common interest issues, and reconcile differences.

Grievance Redressal Committee (Section 4)

A mandatory internal committee of up to 10 members (with equal representation, rotational chairmanship, and proportionate women representation) required in establishments with 20 or more workers to resolve individual grievances within 30 days.

Sole Negotiating Union (Section 14(3))

A single registered Trade Union operating in an establishment, or a union that secures the verified support of at least 51% of the total workers on the muster roll where multiple unions exist.

Negotiating Council (Section 14(4))

A bargaining body constituted by the employer when no single union secures 51% support, giving seats to registered unions with at least 20% worker support on a 1 seat per 20% support basis.

Civil Immunity for Trade Disputes (Section 16(1))

Statutory protection granting registered Trade Unions, office-bearers, and members immunity from civil lawsuits for actions done in contemplation or furtherance of an industrial dispute.

Criminal Immunity from Conspiracy (Section 17)

Protection shielding registered Trade Union office-bearers and members from criminal conspiracy charges under Section 120B(2) IPC for lawful union agreements, unless the agreement is to commit an offence.

Model Standing Orders (Section 29)

Standard workplace rules framed and published by the Central Government that apply automatically to an establishment with 300+ workers until its own standing orders are certified.

Subsistence Allowance (Section 38)

Monthly allowance paid to a suspended worker pending misconduct inquiry, set at 50% of last drawn wages for the first 90 days and 75% thereafter if delay is not caused by the worker.

Notice of Change (Section 40)

A mandatory written notice served by an employer at least 21 days prior to altering any condition of service specified in the Third Schedule.

Industrial Tribunal (Section 44)

A statutory adjudicatory body consisting of a Judicial Member and an Administrative Member, constituted by the appropriate Government to hear and decide industrial disputes.

Failure of Conciliation (FOC) Report (Section 53(4))

A formal report submitted by a Conciliation Officer to the parties and Government detailing facts, steps taken, and reasons for failure when mediation fails to resolve a dispute.

Revenue Recovery Certificate (Section 59(1))

A statutory certificate issued by the government to the District Collector to recover quantified monetary dues under settlements or awards as arrears of land revenue.

Prohibited Period for Strike or Lock-out (Section 62)

Statutory periods during which strikes and lock-outs are forbidden, including within 60 days before the event, within 14 days of giving notice, during conciliation plus 7 days, during tribunal/arbitration proceedings plus 60 days, or during operation of an award.

Continuous Service (Section 66)

Uninterrupted service including sickness, legal strike, lock-out, or leave, or deemed continuous service where a worker actually works 240 days (190 days in underground mines) in 12 months.

Badli Worker (Section 67)

A substitute worker appointed to the post of a temporary absent regular worker, who gains regular worker compensation rights after completing 1 year of continuous service.

Last In, First Out (LIFO) Rule (Section 71)

The statutory retrenchment procedure requiring an employer to retrench the junior-most worker in a specific category unless a written agreement or recorded technical justification dictates otherwise.

Right of Recall (Section 72)

The statutory right requiring an employer proposing to re-employ workers within 1 year of retrenchment to give preference to previously retrenched citizen workers over open-market applicants.

Worker Re-skilling Fund (Section 83)

A statutory fund set up by the government, financed by employer contributions of 15 days' last drawn wages per retrenched worker, disbursed directly to the worker's bank account within 45 days of retrenchment.

Protected Worker (Section 90(3) & (4))

An executive member or office-bearer of a registered Trade Union granted absolute immunity against service alteration or dismissal during pending disputes without prior express written permission from the authority.

Compounding of Offences (Section 89)

An administrative procedure allowing non-imprisonable or fine-only offences under the Code to be settled upon paying 50% to 75% of the maximum fine into the Social Security Fund, barred for repeat offenses within 3 years.