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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Kaveri Auto Components prepared its draft standing orders and, before sending them to the certifying officer, wants to know the correct step. Under the Industrial Relations Code, 2020, what must the employer do?

The employer must first consult the trade unions, recognised negotiating union or negotiating council members on the draft standing orders and only then forward the draft, electronically or otherwise, to the certifying officer for certification.

  1. AConsult the trade unions, recognised negotiating union or members of the negotiating council, then forward the draft to the certifying officerCorrect
  2. BForward the draft to the certifying officer and consult the workers only if the officer asks
  3. CObtain prior written consent of every worker before submitting the draft
  4. DPublish the draft in a newspaper and wait for objections before filing

Explanation

Section 30(2) requires the employer to consult the trade unions or negotiating union or negotiating council members on the draft and thereafter forward it electronically or otherwise to the certifying officer. Consultation comes before forwarding, and it is mandatory, not on request.

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