Rule 39: Protected workers

Finin2min analysis — operative rule mechanics

Full notified text — Rule 39

39. Protected workers.- (1) Every registered Trade Union connected with an industrial establishment, to which the
provisions of the Code apply, shall communicate to the employer before the 30th April of every year, the names and
addresses of such of the officers of such Trade Union who are employed in that establishment and who, in the opinion
of such Trade Union shall be recognised as protected workers.

(2) Any change in the incumbency of any officer of the Trade Union referred to in sub-rule (1), shall be communicated
to the employer by such Trade Union within fifteen days of such change.

(3) The employer shall, within fifteen days of the receipt of the names and addresses from the Trade Union under sub-
rule (1) and subject to the provisions of sub-section (3) and (4) of section 90 of the Code recognise such workers as
protected workers for the purposes of the said section and communicate to such Trade Union in writing, the list of
workers recognised as protected workers for a period of twelve months from the date of such communication.

(4) Where the total number of names received by the employer under sub-rule (1), exceeds the maximum number of
protected workers admissible for the industrial establishment under sub-section (4) of section 90, the employer shall
recognise such maximum number of workers as protected workers:

         Provided that where there is more than one registered Trade Union in the industrial establishment, the
maximum number shall be so distributed by the employer among the Trade Unions that the numbers of recognised
protected workers in individual Trade Unions bear practicably the same proportion to one another as the membership
figures of the Trade Unions; and the employer shall in that case inform in writing to the President or the Secretary of
each of the concerned Trade Union, the number of protected workers allotted to it:

          Provided further that where the number of protected workers allotted to such a Trade Union under this sub-rule
falls short of the number of officers of such Trade Union seeking protection, then that Trade Union shall be entitled to
select the officers to be recognised as protected workers and such selection shall be made by that Trade Union and
communicated to the employer within five days of the receipt of written intimation of the employer in this regard.

(5) Where a dispute arises between an employer and any registered Trade Union in any matter connected with the
recognition of protected workers under this rule, such dispute shall be referred to the Deputy Chief Labour
Commissioner (Central) or Regional Labour Commissioner (Central) or Assistant Labour Commissioner (Central)
concerned, whose decision thereon shall be final.

Application and evidence

1. Primary statutory test — (1) Every registered Trade Union connected with an industrial establishment, to which the provisions of the Code apply, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of such Trade Union who are employed in that establishment and who, in the opinion of such Trade Union shall be recognised as protected workers.
2. Additional operative limb — (2) Any change in the incumbency of any officer of the Trade Union referred to in sub-rule (1), shall be communicated to the employer by such Trade Union within fifteen days of such change.
3. Qualification / exception to test — Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Trade Unions that the numbers of recognised protected workers in individual Trade Unions bear practicably the same proportion to one another as the membership figures of the Trade Unions;…
4. Numerical or timing control — Protected workers.- (1) Every registered Trade Union connected with an industrial establishment, to which the provisions of the Code apply, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of such Trade Union who are employed in that establishment and who, in the opinion of such Trade…
5. Code Section mapping — 90. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Trade union.

Cross-references & prescribed forms

Worked example

Q&A — Rule 39

Primary sources