Industrial Relations Act, 2012 — section 28

28. Joint Management Board..—(1) Every company which owns or manages an factory/establishment, and in every factory/establishment which is not so owned or managed, and which employs fifty persons or more, the management shall, in the prescribed manner set up a joint management board in which the workers’ participation shall be to the extent of thirty percent.

(2)The employer’s representatives on the joint management board shall be from amongst the Directors or senior executives and the workers’ representatives shall be workmen employed in the factory/establishment.

(3)The joint management board shall look after the following matters, namely:

(a)improvement in production, productivity and efficiency;

(b)fixation of job and piece-rates;

(c)planned regrouping or transfer of the workers;

(d)laying down the principles of remuneration and introduction of new remuneration methods; and

(e)provision of minimum facilities for such of the workers employed through contractors as are not covered by the laws relating to welfare of workers.

(4)The joint management board may call for reasonable information about the working of the company or factory/establishment from its management and the management shall supply the information called for.

(5)The joint management board shall meet at such intervals as may be prescribed.

(6)The workers’ representative shall hold office for such period as may be prescribed.

(7)In this section,

(a)“company” has the same meaning as in the Companies Act, 1984 (XLVII of 1984); and

(b)“management” means the employer.

(8)In the case of an factory/establishment where there are one or more trade unions, the collective bargaining agent shall nominate the representatives of the workmen on such join management board: Provided that where there is no collective bargaining agent, representatives of workmen on the join management board shall be chosen in the prescribed manner from amongst the workmen engaged in the factory/establishment for which the joint management board is constituted.