工會與集體協商 — India (印度)

Applicable law: Trade Unions Act, 1926 ("TU Act"); Industrial Relations
Code, 2020 ("IR Code"); Industrial Disputes Act, 1947 ("ID Act");
Constitution of India.
Currency: Indian Rupee (INR / Rs.).

🔴CRITICAL — IR Code 2020: enacted but NOT notified as of April 2026:
The Industrial Relations Code 2020 was passed by Parliament but has NOT
been notified/enforced as of April 2026. The pre-existing laws (Trade
Unions Act 1926, Industrial Disputes Act 1947, Industrial Employment
(Standing Orders) Act 1946) remain in force. IR Code provisions in this
document are prospective, not operative.
This document covers both regimes, with clear labeling.

1. 主要法源

2. 核心規定

2.1 結社自由 (Freedom of Association)

🟢 — Constitution Art. 19(1)(c) guarantees to all citizens the right to form associations or unions.

🟢 — Art. 19(4) empowers the State to impose reasonable restrictions in the interests of sovereignty and integrity of India, public order, or morality.

🟡 — The Supreme Court has consistently upheld the right to form trade unions as a fundamental right, while clarifying that the right to strike is not a fundamental right (various Supreme Court decisions).

🟢 — India has ratified ILO Convention No. 141 (Rural Workers' Organisations) but has not ratified Convention No. 87 (Freedom of Association) or No. 98 (Right to Organise and Collective Bargaining).

Scope of protection:

• All workers, including agricultural, contract, and informal sector workers may form unions
• Government employees' right to unionise is subject to service rules; civil servants may form associations but with restrictions on strikes
• No citizenship requirement — foreign workers may join unions (subject to their work permit conditions)

2.2 工會類型與發起門檻 (Union Types & Thresholds)

Under TU Act, 1926 (current law)

🟢 — TU Act §4: Any 7 or more members of a trade union may apply for registration by subscribing their names to the rules of the union.

🟢 — TU Act §9-A (inserted by 2001 Amendment): A registered trade union of workmen must maintain minimum membership of 10% or 100 workers, whichever is less (subject to a minimum of 7) of the workers engaged in the establishment or industry with which it is connected.

Union types (not formally codified, but recognized in practice):

🟠 — India has a highly fragmented union landscape with over a dozen nationally recognized Central Trade Unions, many affiliated to political parties. Union multiplicity at enterprise level is common.

Under IR Code, 2020 (enacted but not yet in force)

🟢 — IR Code §6: A trade union may be registered with a minimum of 7 members (or 10% of workers / 100 workers, whichever is less, as minimum membership for a union of workers in an industrial establishment).

🟢 — IR Code §14: At least 10% of the total number of officers of a registered trade union (or 5 persons, whichever is lower) must be workers actively engaged in the relevant industry.

2.3 團體協商範圍 (Collective Bargaining Scope)

Negotiating Union / Negotiating Council (IR Code)

🟢 — IR Code §14 introduces a formal mechanism for recognition of negotiating unions:

🟠 — Prior to the IR Code, union recognition was governed by a patchwork of state laws and voluntary codes:

• Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act (MRTU & PULP Act)
• Kerala, West Bengal, and other states had their own recognition frameworks
• At the Central level, the Code of Discipline (1958) — a voluntary, tripartite agreement — governed recognition via verification of membership

Bargaining scope

🟢 — Under the IR Code, the negotiating union or council is empowered to negotiate on:

🟢 — IR Code §3: Every industrial establishment employing 300 or more workers must constitute a Works Committee with equal representation of employer and workers to promote good relations (threshold reduced from 100 under the old ID Act).

🔴 — The 300-worker threshold for Works Committee is a change from the 100-worker threshold under the ID Act. The Central Rules, once finalised, will detail the Works Committee constitution procedure.

2.4 罷工權 (Right to Strike)

🟡 — The Supreme Court has held that the right to strike is not a fundamental right under the Constitution, though it is a legal right subject to statutory restrictions.

Under ID Act, 1947 (current law, in force)

🟢 — ID Act §22: In a public utility service, workers must give 14 days' notice before striking. No strike during pendency of conciliation proceedings and 7 days after.

🟢 — ID Act §23: Strikes during pendency of proceedings before Labour Court / Tribunal and for 2 months after conclusion are prohibited.

🟠 — Under the ID Act, strike notice requirements applied only to public utility services. Non-public-utility workers could technically strike without prior notice (though subject to other restrictions).

Under IR Code, 2020 (enacted but not yet in force — expanded restrictions)

🟢 — IR Code §62: All persons employed in industrial establishments (not just public utilities) must give 14 days' prior notice before striking.

🟢 — IR Code §62(3): The strike notice remains valid for a maximum of 60 days from the date of notice.

🟢 — IR Code §62: No strike permitted:

• During pendency of conciliation proceedings and 7 days after conclusion
• During pendency of proceedings before a Tribunal and 60 days after conclusion
• During any period in which a settlement or award is in operation regarding the dispute

Key change in IR Code: The 14-day prior notice requirement and related restrictions now apply to all industrial establishments, not just public utility services. This significantly expands the restrictions on strikes.

🟢 — IR Code §67: Illegal strikes carry penalties:

• Workers participating in illegal strike: imprisonment up to 1 month or fine up to INR 10,000 or both
• Workers instigating illegal strike: imprisonment up to 2 months or fine up to INR 15,000 or both (under IR Code §68)

🟠 — Pre-IR-Code strike landscape:

• Large-scale general strikes (bandh) called by CTUs are common political tools
• Industry-level strikes in sectors like banking, coal, transport occur periodically
• Courts have historically been reluctant to jail workers for illegal strikes; fines are more common
• Many strikes are technically illegal (lacking notice or during prohibited periods) but tolerated if resolved quickly

2.5 工會會費 (Dues & Check-off)

🟢 — TU Act §6(ee) (inserted by 2001 Amendment): Union rules must provide for the rate of subscription, which shall not be less than:

• INR 1 per month for workers in the unorganised sector
• INR 3 per month for workers in any other case

🟠 — Actual union dues vary widely:

• Central Trade Union federations typically charge INR 10–50/month
• Enterprise unions may charge 0.5%–2% of basic wage
• Check-off (employer deduction of dues) is common in larger establishments where a union is recognised

🟢 — IR Code §22: Where a negotiating union or council is recognised, the employer shall deduct union subscription from wages of members who have given written authorisation (check-off facility).

Closed shop / union shop:

🟢 — Indian law does not mandate closed shop or union shop arrangements. Workers cannot be compelled to join a union as a condition of employment.

🟠 — However, in strongly unionised industries (e.g., jute, coal, ports), de facto closed shop conditions may exist through informal practice and social pressure.

2.6 不當勞動行為 (Unfair Labour Practices)

Under ID Act, 1947 (current)

🟢 — ID Act, Fifth Schedule, lists unfair labour practices by employers and by workmen/trade unions:

By employers (ID Act Fifth Schedule, Part I):

By workmen/trade unions (ID Act Fifth Schedule, Part II):

Under IR Code, 2020 (enacted but not yet in force)

🟢 — IR Code §76 (Third Schedule) replicates and expands the list of unfair labour practices from the ID Act's Fifth Schedule.

🟢 — IR Code §76: Any person who commits unfair labour practice shall be punishable with a fine of up to INR 10,000. For continuing offences, an additional fine of INR 2,000 per day during which the offence continues may be imposed.

🟠 — Enforcement of unfair labour practice provisions:

• Labour Courts / Industrial Tribunals adjudicate unfair labour practice complaints
• In Maharashtra, the MRTU & PULP Act provided a dedicated forum (Industrial Court) for unfair practice complaints — this mechanism will be subsumed under the IR Code
• Remedies include reinstatement, back wages, and injunctive relief
• Proceedings can be lengthy (often 2–5 years for final resolution)

3. 立法理由與實務見解

Labour Code consolidation background

The IR Code 2020 is one of four Labour Codes enacted to consolidate and simplify India's complex web of 29 Central labour laws into 4 codes:

🔴 — IR Code 2020: enacted but not notified as of April 2026; pre-existing laws remain operative. All four labour codes were passed by Parliament but have NOT been notified for enforcement. The pre-existing laws they are intended to replace remain in force. One consulting source (BCG) claimed notification on 21 November 2025, but this could not be verified in the Official Gazette.

🟠 — Draft Central Rules for the IR Code were reportedly published for comment, but final rules have not been notified. The entire four-code reform remains prospective.

Negotiating union: rationale for 51% threshold

🟠 — The 51% threshold for sole negotiating union status represents a departure from earlier proposals:

• The 2019 Bill proposed 75%, widely criticised as unrealistically high
• The final 2020 Code adopted 51%, considered more pragmatic
• The 20% threshold for negotiating council participation ensures smaller unions are not entirely excluded
• This system is influenced by models in Maharashtra (MRTU & PULP Act) and recommendations of the National Commission on Labour

Expansion of strike restrictions

🟠 — The IR Code's extension of 14-day strike notice to all industrial establishments (not just public utilities) represents a significant shift:

• Employer groups welcomed this as promoting predictability
• Trade unions criticised it as restricting the right to strike
• All major Central Trade Unions opposed this provision during parliamentary deliberations
• 🔴 — Several states may adopt modifications when framing State Rules, potentially softening or strengthening the restriction

實務灰色地帶

🟠 — Key grey areas:

1. Transition period: With codes enacted but not yet notified for enforcement, pre-existing laws remain operative; significant legal uncertainty exists about when and how the transition will occur
2. Negotiating union vs. existing recognised unions: How existing recognition arrangements transition to the IR Code framework is unclear
3. Fixed-term worker unionisation: IR Code §2(zb) defines "fixed term employment" — whether such workers can be included in union membership counts for the 51%/20% thresholds is ambiguous
4. Standing Orders & collective agreements interaction: The IR Code makes standing orders mandatory for establishments with 300+ workers — how these interact with collectively bargained terms needs clarification
5. Gig/platform workers: The Code on Social Security 2020 references gig and platform workers, but the IR Code does not clearly extend collective bargaining rights to them

4. 雇主合規重點

• Union registration acceptance: Do not obstruct union registration; 7 workers may form a union. Challenging registration post-facto is legally risky
• Negotiating union recognition (IR Code): Prepare for formal recognition process — verify membership through check-off or secret ballot when required
• Works Committee: Establishments with 300+ workers must constitute a Works Committee (IR Code §3)
• Strike notice: Under IR Code, all establishments require 14-day prior notice for strike; monitor and respond to notices within the valid 60-day window
• Standing Orders: Establishments with 300+ workers must adopt standing orders (IR Code §30); model standing orders apply by default if none adopted
• No anti-union discrimination: Do not dismiss, transfer, or alter conditions of service for union activity; document legitimate business reasons for all personnel decisions involving union members/leaders
• Collective bargaining in good faith: Once a negotiating union/council is recognised, engage in genuine bargaining — refusal is an unfair labour practice
• Check-off facility: Provide payroll deduction of union dues for members who authorise it (IR Code §22)
• Transition planning: Monitor Central/State Rules finalisation; prepare compliance frameworks for both old and new regimes during transition
• Record maintenance: Maintain union membership records, notice correspondence, and bargaining minutes to defend against unfair labour practice claims

5. 與其他轄區的關聯

6. 風險警示

1. 🔴高風險 — Transition uncertainty: The IR Code 2020 was enacted but has not been notified for enforcement as of April 2026. Once notified, employers will face dual compliance obligations during the transition. Monitor the Official Gazette for notification.

2. 🔴高風險 — Anti-union retaliation: Dismissal or transfer of union leaders without strong documented business justification will be treated as unfair labour practice. Courts regularly order reinstatement with full back wages (often spanning years of litigation).

3. 🟡中等風險 — Illegal strike response: Even when a strike is technically illegal (no 14-day notice, during prohibited period), dismissing all striking workers en masse is high-risk. Courts often look at proportionality and may reinstate workers. Better approach: issue warnings, seek injunction, pursue conciliation.

4. 🟡中等風險 — Recognition disputes: During the transition to the IR Code's negotiating union framework, competing unions may challenge recognition decisions. Employers should not unilaterally recognise one union without following the statutory process (check-off or secret ballot).

5. 🟡中等風險 — Multi-state compliance: Labour is a concurrent subject under India's Constitution (both Central and State governments can legislate). Different states may implement IR Code Rules with variations. Employers with multi-state operations need state-specific compliance strategies.

6. 🟡中等風險 — Works Committee non-compliance: Failure to constitute a Works Committee in establishments with 300+ workers is a punishable offence. Penalty: fine up to INR 10,000 under IR Code.

7. 資料來源清單

1. Trade Unions Act 1926 full text — India Code（查詢日期：2026-04-10）
2. Industrial Relations Code 2020 — PRS India（查詢日期：2026-04-10）
3. Taxmann — IR Code 2020 Enforcement Notification（查詢日期：2026-04-10）
4. KPMG — India Draft Rules on Four Labour Codes 2026（查詢日期：2026-04-10）
5. Bar & Bench — Decoding India's Labour Codes 2026（查詢日期：2026-04-10）
6. Bar & Bench — IR Code 2020: A Structural Reset（查詢日期：2026-04-10）
7. Bhatt & Joshi Associates — Strikes and Lockouts under IR Code 2020（查詢日期：2026-04-10）
8. DLA Piper — New Labour Codes Implementation Update（查詢日期：2026-04-10）
9. Taxmann — IR Code 2020 Analysis（查詢日期：2026-04-10）
10. Wikipedia — Industrial Relations Code 2020（查詢日期：2026-04-10）

8. 待確認事項

• 🔴 — IR Code 2020: enacted but not notified as of April 2026; pre-existing laws (TU Act 1926, ID Act 1947, Standing Orders Act 1946) remain operative. Central Rules have not been finalised. Exact notification date remains unknown.
• 🔴 — State-level implementation: Each state must frame its own rules under the IR Code. Progress varies significantly — some states have draft rules, others have not started. Multi-state employers face a patchwork compliance landscape.
• 🔴 — Negotiating union/council transition: How existing union recognition arrangements (under state laws or voluntary codes) convert to the IR Code's 51%/20% framework is not detailed in the Code and will depend on Central/State Rules.
• 🔴 — IR Code Amendment Bill 2026: A proposed amendment to the IR Code has been introduced in Parliament (per PRS India tracking). Its scope and impact on the provisions discussed above are not yet known.
• 🔴 — Gig/platform worker collective bargaining rights: The IR Code does not clearly extend collective bargaining or union recognition provisions to gig and platform workers, despite the Code on Social Security recognising them. Legislative gap remains.