Section 40 of The Industrial Relations Code, 2020
No employer, who proposes to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule, shall effect such change,---
- (i)without giving to the workers likely to be affected by such change a notice in such manner as may be prescribed of the nature of the change proposed to be effected; or
- (ii)within twenty-one days of giving such notice: Provided that no notice shall be required for effecting any such change---
- (a)where the change is effected in pursuance of any settlement or award;
- (b)where the workers likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Services Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply;
- (c)in case of emergent situation which requires change of shift or shift working, otherwise than in accordance with standing orders, in consultation with Grievance Redressal Committee;
- (d)if such change is effected in accordance with the orders of the appropriate Government or in pursuance of any settlement or award.
Summary
- Employers must provide notice before changing specific working conditions, such as wages or hours, which are listed in the Third Schedule.
- The notice must be given to all workers who are likely to be affected by the proposed change.
- The employer must wait at least twenty-one days after giving the notice before they can actually put the change into effect.
- No notice is required if the change is being made because of a legal settlement, a court award, or an official government order.
- In urgent situations, shift changes can be made without notice if the employer consults with the Grievance Redressal Committee.
- Certain government workers covered by specific civil service or railway codes are not subject to these notice rules.
Practical examples
FAQ
1. How much advance warning must my boss give me before changing my work hours?
The employer must give notice and then wait for at least twenty-one days before implementing the change.
2. Are there any exceptions where they can change things immediately?
Yes, if the change is due to a court award, a legal settlement, or an emergency shift change discussed with the Grievance Committee.
3. Does this notice rule apply to every single thing at work?
It applies to any matter listed in the Third Schedule of the Code, such as your pay, leave, or rest intervals.
Test yourself
Q1.Under Section 40 of The Industrial Relations Code, 2020, how many days' notice must an employer give before changing conditions of service?
Q2.According to Section 40 of The Industrial Relations Code, 2020, which of the following scenarios requires NO notice for a change in service conditions?
Q3.Under Section 40 of The Industrial Relations Code, 2020, what must an employer do if an emergency requires an immediate shift change not covered by standing orders?
Q4.Under Section 40 of The Industrial Relations Code, 2020, what determines which conditions of service require a notice of change?