India: Industrial relations

Original author: Kochhar & Co

Updating author: Trilegal

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Summary

• Workers have a right to form a trade union or join an existing one, and registered trade unions have various rights and protections. (See Trade unions)
• It is an "unfair labour practice" for an employer to refuse to bargain collectively, in good faith, with a recognised trade union. (See Collective bargaining and agreements)
• Employers have no general statutory obligation to inform and consult employees, directly or through trade unions or other representatives, on business or employment matters, although certain information requirements apply in the case of employees classified as "workers". (See Informing and consulting employees - general)
• Specific statutory rules relating to redundancy apply only to employees classified as workers. The relevant legislation does not provide specifically for the consultation of employees about planned redundancies, but does require advance notice before implementing any rationalisation, standardisation or improvement of plan or technique that is likely to lead to a redundancy of workers, as well as notification to and, in some cases, authorisation of the public labour authorities. (See Informing and consulting prior to redundancies)
• There is no statutory obligation on employers to inform and/or consult employees, directly or through trade unions or other representatives, prior to business transfers. (See Informing and consulting prior to transfers)
• There is a statutory machinery for the resolution of industrial disputes relating to employees classified as workers, involving conciliation, arbitration, labour courts (until tribunals under the Industrial Relations Code 2020 are set up) and industrial tribunals. (See Industrial disputes)
• Strikes by workers are prohibited unless certain notice and timing requirements are met and are also restricted while a dispute is subject to conciliation, during arbitration or tribunal proceedings, and while any settlement or award is in force in respect of any matter it covers; certain notice periods and waiting periods apply throughout. The same restrictions apply to lock-outs declared by employers. (See Industrial action)