Question
Under Section 62 of the Industrial Relations Code, 2020,
what is the mandatory notice period for a strike or lock-out, and how does it differ from the earlier law?Solution
One of the most significant changes under the Industrial Relations Code, 2020 is the extension of the strike notice period to 60 days for all industrial establishments a dramatic increase from the earlier regime. Under the old Industrial Disputes Act, 1947, the requirement of giving 14 days' advance notice before a strike applied only to public utility services (like transport, electricity, water supply); workers in non-public utility establishments could strike with little or no notice. The Code now extends this 60-day notice requirement universally, covering all categories of industrial establishments, not just public utilities. Additionally, a strike is illegal if it commences without giving the required notice, or during or within 7 days after the conclusion of conciliation proceedings, or during or within 60 days after the conclusion of proceedings before a Tribunal. The Code also prohibits strikes during the pendency of proceedings before a Conciliation Officer, Tribunal, or National Industrial Tribunal, further restricting the right to strike compared to the old law.
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