SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTSCentral

Section 81 of The Industrial Relations Code, 2020

Notwithstanding that workers in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll, and to provide for the making of entries therein by workers who may present themselves for work at the establishment at the appointed time during normal working hours.

Summary

Employers in large establishments must keep a muster roll, which is an official attendance record of all workers.
This duty continues even if workers have been laid-off (meaning the employer temporarily cannot provide work due to reasons like power cuts or material shortages).
The record must allow workers to sign in or make entries when they show up for work at the normal time.
This provision ensures there is a clear record of who reported for duty, which is vital for calculating pay or compensation.

Practical examples

1Blue Steel Works has 400 employees and is facing a temporary shortage of iron ore. Even though most workers are sent home for the week, the manager, Mrs. Rao, must keep the attendance book at the gate so workers can sign in every morning to prove they are available.

2During a massive power failure that lasts three days, a large chemical plant must still have its security office open the muster roll register at 8:00 AM for the 350 workers to mark their presence.

FAQ

1. Why must I sign an attendance record if there is no work to do?

It proves you presented yourself for work at the right time. This evidence is often required to claim lay-off compensation.

2. Can the employer use an electronic system for this record?

The Code says the employer must provide for the making of entries; the specific method (paper or digital) is usually detailed in the government's rules.

Test yourself

Q1.Under Section 81 of The Industrial Relations Code, 2020, what is the primary duty of the employer regarding worker attendance?

Q2.Under Section 81 of The Industrial Relations Code, 2020, when must workers be allowed to make entries in the attendance record?

Q3.Under Section 81 of The Industrial Relations Code, 2020, does the duty to maintain records stop if workers are laid-off?

Q4.Under Section 81 of The Industrial Relations Code, 2020, what must a worker do to have their presence recorded during a lay-off?

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