NOTICE OF CHANGECentral

Section 41 of The Industrial Relations Code, 2020

Where the appropriate Government is of the opinion that the application of the provisions of section 40 to any class of industrial establishments or to any class of worker employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate Government may, by notification, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workers employed in any industrial establishment.

Summary

This happens if the Government believes that following Section 40 would hurt the industry so badly it would cause serious problems.
Any exemption must also be in the public interest to be valid.
The Government announces these exemptions by publishing a notification.
The Government can include specific conditions in the notification that the company must still follow while being exempt.

Practical examples

1During a national rubber shortage, the Government notifies that all tyre factories are exempt from the 21-day notice rule for shift changes to keep production going.

2A small cluster of weavers is exempt from Section 40 by the State Government, provided they report any wage changes to the local labour office within 48 hours.

FAQ

1. Why would the government allow a company to skip the 21-day notice period?

Only if following the rule would seriously harm the industry and if the public interest justifies making an exception.

2. Can an exemption be targeted to just a few workers?

Yes, it can apply to an entire class of industrial establishments or just to a specific class of workers within those establishments.

3. Are there rules even when an industry is exempt?

The government can set specific conditions in the notification that the industry must obey to keep the exemption.

Test yourself

Q1.Under Section 41 of The Industrial Relations Code, 2020, on what grounds can the appropriate Government exempt an industry from Section 40?

Q2.How does Section 41 of The Industrial Relations Code, 2020, interact with Section 40?

Q3.Under Section 41 of The Industrial Relations Code, 2020, what can the Government specify in the notification granting an exemption?

Q4.Which document must the Government use to exercise its power under Section 41 of The Industrial Relations Code, 2020?

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