The Industrial Relations Code, 2020 (IR Code) has streamlined dispute resolution and industrial action procedures in India. One of its most critical features is the introduction of clear limitation periods, statutory timelines that govern strikes, lock-outs, dispute resolution, and post-decision compliance. For HR professionals and employers, mastering these timelines is essential to avoid penalties, litigation, and operational disruptions.
1. Pre-Action: Strikes & Lock-Outs
The IR Code imposes strict timelines before industrial action can be taken:
- Notice Period: Minimum 14 days before strike/lock-out.
- Validity of Notice: Maximum 60 days.
- Cooling-Off Period: No action within 14 days of notice.
- Prohibition During Proceedings:
- Conciliation + 7 days after
- Tribunal/arbitration + 60 days after
- Closure Notice: Employers must give 60 days’ advance notice to the government before closure.
These provisions prevent sudden disruptions and ensure disputes are addressed through dialogue before escalation.
2. Dispute Resolution Flow
The Code establishes a structured dispute resolution mechanism:
Grievance Redressal Committee (GRC)
- Worker application: Within 1 year of cause.
- Resolution timeline: 30 days.
Conciliation Officer (CO)
- Dispute reference: Within 2 years of origin.
- Reports:
- General disputes: 45 days
- Strike notice disputes: 14 days
Failure Report
- Application to Tribunal: Within 90 days of report receipt.
Industrial Tribunal
- Adjudication goal: Within 1 year.
These timelines ensure disputes move swiftly through resolution channels, reducing prolonged unrest.
3. Post-Decision & Other Obligations
- Award Enforcement: Becomes enforceable 30 days after communication.
- Retrenchment Re-Skilling Fund: Employers must deposit 15 days’ wages into the fund within 45 days of retrenchment.
This provision reflects the Code’s emphasis on worker welfare and skill development during retrenchment.
FREE HR Compliance Checklist
- Track strike/lock-out notices and cooling-off periods.
- Ensure closure notices are filed 60 days in advance.
- Maintain GRC records and resolve grievances within 30 days.
- File disputes with Conciliation Officers within 2 years.
- Apply to Tribunal within 90 days of failure reports.
- Implement Tribunal awards within 30 days.
- Deposit retrenchment re-skilling fund contributions within 45 days.
Disclaimer: This blog is for educational purposes only. Limitation periods may vary based on state notifications and judicial interpretations. For case-specific advice, consult a certified Labour Law Consultant or practicing advocate.