Under Section 14 of the Industrial Relations Code, 2020,

Solution

Section 14 of the Industrial Relations Code, 2020 creates a three-tier recognition framework based on the number of registered trade unions operating in an establishment. First, where only one registered trade union functions in the establishment, the employer must recognise it as the Sole Negotiating Union but the Draft Rules prescribe a minimum membership of 30% of total workers, borrowed from the Maharashtra model, to prevent a tiny union from claiming exclusive negotiating rights. Second, where multiple registered unions function, the union demonstrating support of 51% or more of workers on the muster roll is recognised as the Sole Negotiating Union this majority threshold ensures true democratic representativeness. Third, if no union achieves 51%, a Negotiating Council is constituted comprising representatives of all unions that have at least 20% of workers as members raised from the 10% threshold in the 2019 Bill to prevent fragmentation. Crucially, under Section 14(6), any recognition granted or Negotiating Council constituted is valid for a fixed tenure of 3 years, extendable up to 5 years by mutual agreement a stabilising reform that prevents perpetual re-contestation of union recognition.