Page 26 - Plastics News October 2020

in the Arbitration and Conciliation Act, 1996, shall apply employer of the industrial establishment, on such
to arbitrations under the code. matters as may be prescribed. Where there is only one
Compounding of offences: Section 89 trade union in an industrial establishment, the
employer is required to recognise such trade union as
The Code provides for compounding of offences by a
the sole negotiating union of the workers. If there are
Gazetted Officer, as the appropriate Government may, multiple trade unions, the trade union with support of
by notification, specify, for a sum of fifty percent of the at least 51% of workers on the muster roll of that
maximum fine provided for such offence punishable establishment will be recognised as the sole negotiating
with fine only and for a sum of seventy-five per cent union by the employer.
provided for such offence punishable with
imprisonment for a term which is not more than one Power to exempt: Section 96
year, or with fine. The appropriate government has the power to exempt
Negotiating Union/Council: Section 14 any industrial establishment or any class of industrial
establishments from the provisions of the Code.
The Code introduces a new provision for recognition of a
'negotiating union' or 'negotiating council'. There shall (Part II The Code on Social Security 2020 to be discussed
be a negotiating union or a negotiating council, as the in the next issue)
case may be, in an industrial establishment having (Courtesy: Livelaw)
registered Trade Union for negotiating with the

coo@aipma.net

October 2020 26 Plastics News