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      Question

      According to Code 90 of the Occupational Safety, Health

      and Working Conditions Code, 2020, if an industrial dispute is already pending before an authority, what action can the employer take regarding the conditions of service of workers involved in the dispute? 
      A The employer can freely alter the conditions of service to their advantage. Correct Answer Incorrect Answer
      B The employer can only alter the conditions of service with the consent of the workers involved. Correct Answer Incorrect Answer
      C The employer can alter the conditions of service, but only with the express written permission of the authority handling the dispute. Correct Answer Incorrect Answer
      D The employer cannot alter the conditions of service under any circumstances during the dispute. Correct Answer Incorrect Answer

      Solution

      Explanation: As per Code 90. (1) Where an industrial dispute pertaining to an establishment or undertaking is already pending before a conciliation officer or an Arbitrator or a Tribunal or a National Industrial Tribunal, as the case may be, with regard to matters not covered by the notice of change issued by an employer under section 40, no employer shall— (a) in regard to any matter connected with such dispute, alter to the prejudice of the workers concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceedings; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise any worker concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending.

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