• Munseera K.P.

Though Industrial Relations Code, 2020 claims to consolidate the provisions of the 3 major industrial laws, by simplifying the existing labour laws, there are many ambiguities in the present Code which instead makes the Code more complex. For instance, under the new Code, the term ‘workmen’ under the Industrial Disputes Act, 1947 has been replaced with the term ‘worker’ which is comparatively narrow in its scope. Along with the term ‘worker’, the term ‘employee’ has also been defined under the new Code, which was not present under the old Act. The usage of both the terms ‘employee’ and ‘worker’ in the Code without any explanation or clarity makes the situation more complex rather than simplifying the laws which is the primary purpose of this Code. Further, the definition of ‘industry’ has been narrowed down under the new Code, as a result of which several institutions owned or managed by organizations engaged in any charitable, social or philanthropic service are deprived of their rights as they are ousted from the ambit of the Code. Though a new term ‘fixed-term employment’ has been introduced under the new Code, where a worker can be engaged for a fixed period, there exists ambiguity on the terms and conditions of employment. The new Code is employer-friendly as it provides for a great amount of flexibility to the employers. The increase of threshold to 300 workers under the new Code reduces the protection available to the workers who are working in an industrial establishment where the total number of workers are less than 300, as the employers are obliged to take prior government approval in the case of lay off, retrenchment and closure only if the number of workers engaged in an industrial establishment is three hundred or more. This would mean that the workers working in an industrial establishment with less than 300 workers are subjected to the risk of arbitrary lay-offs, retrenchment and closure which would result in loss of livelihood. Under the new Code, the penalty of imprisonment has been removed in respect of the commission of offences by employers. On the other hand, participation in illegal strike and other related offences committed by the employee continue to be punishable with imprisonment or fine or both. In fact, the fine amount for participating in such illegal strike has been enhanced when compared to the old Act. The new Code provides for compounding of offences which would mean that there may be no instances where an employer would be prosecuted and convicted. Thus, it is clear that most of the changes introduced under the new Code are employer-friendly thereby affecting the workers' rights.

industrial relations code, employer, industry, worker, employee, industrial dispute, trade union, standing orders

"Critical Analysis of Industrial Relations Code, 2020", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.7, Issue 12, page no.991-999, December-2020, Available :http://www.jetir.org/papers/JETIR304314.pdf

"Critical Analysis of Industrial Relations Code, 2020", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 12, page no. pp991-999, December-2020, Available at : http://www.jetir.org/papers/JETIR304314.pdf