The Industrial Disputes (Goa Amendment) Bill, 2020 was notified on 10th August, 2020.
The following are some of the key highlights of the Bill:
- An application for resolution of any dispute in relation to discharge, dismissal, retrenchment or termination of the services of an individual workman must be made within 1 year from the date of discharge, dismissal, retrenchment or otherwise termination of service. The Act of 1947 prescribes a period of 3 years.
Furthermore, the Bill stipulates that such a dispute will not be regarded as an industrial dispute unless it is raised before a Conciliation officer within 1 year. However, such delay may be condoned by the specified authority if it is satisfied that there was sufficient cause for the delay in raising the dispute.
- The requisite compensation, precedent to invoking retrenchment has been enhanced to forty-five days’ average pay for every completed year of continuous service or any part thereof in excess of six months. This applies to retrenchment in terms of section 25F as well as 25N. Similarly, the same amount of compensation is also payable in case of closing down of an undertaking under section 25O.
This is more than two times in excess of the compensation under the Act of 1947 which stipulates average pay of fifteen days as compensation.
- The Bill provides that Chapter V-B shall apply to industrial establishments in which 300 workers were employed on an average working day for the last 12 months. Chapter V-B deals with ‘Special Provisions Relating to Lay-Off, Retrenchment and Closure in Certain Establishments’. These establishments do not include seasonal establishments or establishments undertaking intermittent work.
However, for the maintenance of industrial peace or prevention of victimization of workmen, the state government can apply this chapter to Industrial establishments that employ more than 100 workers on average in any working day of the last 12 months.
- The Bill also contemplates a new provision for compounding offences for amounts as are specified in a tabular form.
- The State Government also reserves with itself the power to exempt any new industrial undertaking or establishment or class thereof from the application of all or any of the provisions of this Bill. This exemption may be conditional or unconditional and will apply for a period of 1000days from the establishment of the industrial undertaking or establishment or class thereof as the case may be.
