Industrial Relations Act, 2012 — section 91

91. Rights and duties of employers and workers..—The employers and workers shall within the bounds of this Act and other laws for the time being in force shall abide by a code of conduct to respect their rights and duties in accordance with the guidelines in Schedule II. SCHEDULE-I PUBLIC UTILITY SERVICES [See Section 2(xxv)] 1. The generation, production, manufacture, or supply of electricity, gas, oil or water to the public. 2. Any system of public conservancy or sanitation. 3. Hospitals and ambulance services. 4. Fire-fighting service. 5. Any postal, telegraph or telephone service. 6. Railways and Airways. 7. Ports. 8. Watch and Ward Staff and security services maintained in any establishment. SCHEDULE-II RIGHTS AND DUTIES OF EMPLOYERS AND WORKERS [See Section 91] Rights and Duties of Workers and Employers Workers and employers to respect each others’ rights: Without prejudice to the provision of this Act and any other labour law in vogue, workers and employers in each establishment will respect each others’ rights and the rights of the enterprise to reasonable returns on investments and to expansion and growth. Such rights, among other, will include the following: Employers’ Rights and Duties a. Right to conduct business.— The employer has the right to manage, control and use enterprise property and conduct its business in any manner considered prudent and satisfactory by it. b. Right to manage.— The employer has the right to manage the enterprise effectively and efficiently by finding the best use of its available resources, including human resource, in most prudent and fruitful manner in the general interest of the enterprise. c. Duties of the Employer.— (i) While exercising the right to conduct business and the right to manage the enterprise, it will be duty of the employer to act in accordance with the principles and guidelines provided under the law.

(ii)The employee will implement all laws, including labour laws, in letter and spirit.

(iii)The employer will protect and safeguard the interest and welfare of its workers to obtain maximum productivity and output to the mutual advantage of the enterprise.

(iv)The Employer will respect the workers’ rights to decent work, wages, decent living and quality of life, subject to the resources of the enterprise. Workers’ Rights and Duties a. Right to work, wage and welfare.— It is the right of a worker to work according to the job assigned and to receive wages as per agreed terms and conditions of employment and to such welfare benefits and safety measures as one is entitled to according to law, agreement settlement and/or award. b. Right to Freedom of association and collective bargaining and other rights secured or guaranteed under the Industrial Relations Act, 2011, and other laws.— Worker has unfettered right to enjoy the benefits guaranteed to him under the law, rules, settlement, agreement, award and in line with the principles of social justice. c. Duties of the Workers.— (i) Worker will perform their duties, as assigned by the employer or his representatives, according to his best ability with due diligence, care, honesty and commitment.

(ii)Worker will fully observe norms of organizational discipline.

(iii)Worker, in exercise of his right, will fully respect the rights of the employer and will fully cooperate with the employer in efficient conduct of the business of the establishment. d. Mutual obligations of employers and workers,— (1) Both employers and workers will promote and foster an atmosphere of trust confidence and understanding for each others’ viewpoint and will at the first place make every effort not to let conflict arise among their relationship and if and when a conflict arises they will make every effort to resolve the same by bilateral negotiation at the establishment level.

(ii)Both employers and workers will accept the same degree of responsibility for industrial relations as for other functions within their respective establishment and will establish formal and informal climate of communication and social dialogue on at the establishment level for discharging the responsibility.

(iii)Both employers and workers will strive to develop good industrial relations within the framework of efficiency in the establishment.

(iv)Both employers and workers take all reasonable steps to ensure compliance with agreements and agreed procedures so that the objectives of productivity and growth are served in atmosphere of industrial peace.

(v)Both employers and workers in their mutual interaction will demonstrate mutual respect for each other and will not indulge in any act or insinuation to show person disrespect in any form in keeping with the Islamic tradition of love, fraternity, brotherhood and accepted social norms and civilized society. e. Incentives and Recognition for Promoting Good Industrial Relations.— Such establishment, which maintains a track record of good industrial relations through bilateral efforts of employers and workers and their representative organizations in the establishment, shall be recognized by the Government as a “Model Organisation in Industrial Relations” to be determined on the basis of such criterion and in such manner as may be prescribed in the rules to be provided for the purpose. Such recognition shall be in the form of a Certificate prescribed for the purpose which will entitle the establishments and their unions to inscribe the word “Model Organisation in Industrial Relations” on their letter-heads and official logo and monograms.