Notification Record & Forms
Notification details and the forms every employer needs, in one place.
- Issuing authority
- Labour Department, Government of Sikkim
- Notified
- 20 April 2022 (Notification No. 21/DL), published in the Sikkim Government Gazette Extraordinary No. 169 dated 28 April 2022
- Objection window
- 45 days from the date of gazette publication, as required under the proviso to Section 99(1) of the Industrial Relations Code, 2020 (closed around 12 June 2022)
- Legal basis
- Section 99 of the Industrial Relations Code, 2020
- Supersedes
- Not stated in the draft itself. The Industrial Relations Code, 2020 subsumes the Trade Unions Act 1926, the Industrial Employment (Standing Orders) Act 1946, and the Industrial Disputes Act 1947, whose Sikkim specific rules these draft Rules are meant to eventually replace
- Status as of July 2026
- Still a draft. It has not been notified as a final rule. In February 2026, Sikkim's Labour Secretary informed the Ministry of Labour and Employment that the state is examining how the four central Labour Codes apply to Sikkim in light of the special constitutional provisions under Article 371F, and a high level committee has been constituted to study the matter
A plain language employer guide to Sikkim's draft Industrial Relations Rules, covering the forms employers must file, the due dates that matter, and why the state has not yet finalized these rules. The Industrial Relations Code, 2020 replaced three older central laws, the Trade Unions Act 1926, the Industrial Employment (Standing Orders) Act 1946, and the Industrial Disputes Act 1947, with a single framework covering trade unions, standing orders, notice of change, strikes and lockouts, and layoff, retrenchment, and closure.
Section 99 of the Code lets each state government frame its own procedural rules. Sikkim published its draft Industrial Relations Rules on 28 April 2022 and invited objections for 45 days, but has not yet issued a final notification. This guide walks employers through what the draft contains: the forms an employer would need to file, the due dates attached to those filings, the provisions that matter most on a daily basis, how the position compares with the law that applied earlier, who the Rules would cover, and the penalties that attach to noncompliance under the parent Code.
Forms under the State Rules
Due Dates
Compliance deadlines, forms and how often each one recurs.
| Compliance | Form | Compliance Frequency | Due Date |
|---|---|---|---|
| Intimate retrenchment to the State Government | Form XXVI | Event based | At least 30 days before the retrenchment takes effect |
| Intimate closure to the State Government | Form XXVII | Event based | At least 60 days before the closure takes effect |
| Offer reemployment to previously retrenched workers before filling a vacancy | None specified | Event based | At least 10 days before the vacancy is filled |
| Apply for permission to close an establishment covered by Chapter X | Form XXX | Event based | At least 90 days before the intended closure date |
| Transfer funds to the Worker Reskilling Fund account | None specified | Event based | Within 10 days of retrenching a worker |
| Intimate a lockout notice to the Conciliation Officer and Labour Commissioner | Form XXV | Event based | Within 5 days of giving or receiving the notice |
| Recognize protected workers and communicate the list to the Trade Union | None specified | Annual | Within 15 days of receiving the Trade Union's list, which the union must send by 30 April every year |
| Submit a compliance report after a certifying officer directs changes to adopted Model Standing Orders | None specified | Event based | Within 30 days of receiving the certifying officer's direction |
Key Provisions
What changed under the Code, and what it means for payroll.
Old Law vs. New Law
What employers followed before, against what applies now — point matched against point.
| On this point | Before — earlier law | Now — the new Code |
|---|---|---|
| Governing statute | Three separate central laws, the Trade Unions Act 1926, the Industrial Disputes Act 1947, and the Industrial Employment (Standing Orders) Act 1946, each with its own Sikkim rules | A single Industrial Relations Code, 2020, with one consolidated set of Sikkim Industrial Relations Rules once finalized |
| Trade union recognition for negotiation | No statutory mechanism to recognize a sole negotiating union or council | A union with 51 percent or more membership becomes the sole Negotiating Union; where none crosses that mark, a proportional Negotiating Council is formed (Rule 14) |
| Grievance redressal | No mandatory, uniformly structured Grievance Redressal Committee across establishments | A Grievance Redressal Committee with equal employer and worker representation, capped at 10 members, with mandatory proportional representation for women workers, is required (Rule 5) |
| Threshold for government permission before layoff, retrenchment, or closure | 100 or more workers, under the Industrial Disputes Act 1947 | 300 or more workers, under Chapter X of the Industrial Relations Code, 2020 |
| Filing and communication mode | Physical filing and registered post were the default | Electronic filing, email, and portal uploads are recognized alongside registered post for most filings (Rule 2) |
| Support for retrenched workers | No dedicated reskilling fund | A Worker Reskilling Fund requires the employer to transfer 15 days of the retrenched worker's last drawn wages within 10 days of retrenchment (Rule 52) |
| Compounding of offences | Limited compounding provisions under the earlier laws | A structured compounding process before a designated Compounding Officer, with a defined notice, application, and payment procedure (Rule 53) |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- Industrial establishments in Sikkim to which the Industrial Relations Code, 2020 applies, once the state's final rules are notified
- Establishments to which a Works Committee order under Section 3(3) of the Code applies, and establishments covered by Section 4 for a Grievance Redressal Committee
- Registered Trade Unions operating within Sikkim, for registration, audit, recognition, and fund related compliance
- Mines, factories, and plantations employing 300 or more workers, for the layoff, retrenchment, and closure permission requirements under Chapter X
- All establishments, for the purposes of standing orders adoption once the applicable worker threshold under the Code is met
Exempted / special treatment
- Establishments below the worker count thresholds set in the Code for particular chapters (for example, the 300 worker threshold for Chapter X permissions) remain outside those specific requirements, though general notice and compensation obligations under the earlier chapters of the Code still apply
- Establishments not covered by such an order are not required to constitute a Works Committee, though a Grievance Redressal Committee remains a general requirement under Section 4
- Unregistered worker groups fall outside the Trade Union specific chapter but retain access to Works Committee and Grievance Redressal Committee representation through elected worker representatives
- Seasonal establishments and establishments where work is performed only intermittently are treated differently under the Code and may fall outside Chapter X regardless of worker count
- The overall applicability of the four Labour Codes to Sikkim, including these draft Rules, is currently under examination by a state high level committee because of the special constitutional provisions under Article 371F, so the operative scope may change once that examination concludes
Frequently Asked Questions
Answers to what employers ask us most about this rule.
What are the Sikkim Industrial Relations Rules, 2022?
They are draft procedural rules that Sikkim's Labour Department published on 28 April 2022 under Section 99 of the Industrial Relations Code, 2020. They set out how employers, workers, and Trade Unions in Sikkim would carry out day to day compliance under the Code, covering Works Committees, Grievance Redressal Committees, Trade Union registration, standing orders, strikes and lockouts, and layoff, retrenchment, and closure.
Are the Sikkim Industrial Relations Rules, 2022 final, or still a draft?
They remain a draft. The 45 day objection window closed around June 2022, but no final notification has followed. As of July 2026, Sikkim's Labour Department has said the state is still examining how the four central Labour Codes apply to it.
Why has Sikkim not finalized these Rules yet?
Sikkim enjoys special constitutional protections under Article 371F. In February 2026, the state's Labour Secretary told the Ministry of Labour and Employment that Sikkim is examining the applicability of the four Labour Codes in light of these provisions, and a high level committee has been set up to study the question.
Is the Industrial Relations Code, 2020 currently in force in Sikkim?
The Industrial Relations Code, 2020 became effective nationwide from 21 November 2025 along with the other three Labour Codes. However, the state level procedural framework that operationalizes it in Sikkim, these draft Rules, is not yet final, so employers should continue following the compliance position that applied under the earlier laws until Sikkim notifies its final Rules.
What is a Works Committee and when must an employer set one up?
A Works Committee is a joint employer and worker body meant to encourage cooperation on workplace matters. Under the draft Rules, an employer must constitute one once a government order under Section 3(3) of the Code applies to that establishment, with a maximum of 20 members and worker representation at least equal to employer representation.
Is a Grievance Redressal Committee mandatory for every establishment?
The draft Rules require a Grievance Redressal Committee wherever Section 4 of the Code applies, with equal employer and worker representation capped at 10 members and mandatory proportional representation for women workers.
How long does a worker have to raise a grievance?
A worker may file a grievance before the Grievance Redressal Committee within one year of the date the cause of the grievance arose.
What is a Negotiating Union and how does a union become one?
A Negotiating Union is the Trade Union recognized to negotiate with the employer on matters like wages, working hours, and disciplinary procedure. Under Rule 14, a union with 51 percent or more membership in an establishment becomes the sole Negotiating Union. Where no single union crosses that mark, a Negotiating Council is formed with proportional representation from qualifying unions.
How does an employer adopt Model Standing Orders under the draft Rules?
The employer notifies the certifying officer electronically of the date from which the Model Standing Orders are adopted. The certifying officer then has 30 days to seek specific changes; if none are sought within that window, the standing order is deemed adopted as is.
What notice period applies before an employer can retrench a worker?
Under Rule 42, an employer must give the State Government at least 30 days notice before retrenching a worker who has completed one year of continuous service, using Form XXVI.
What notice period applies before an employer can close an establishment?
General closure intimation under Rule 44 requires 60 days notice to the State Government using Form XXVII. Where Chapter X of the Code applies because the establishment employs 300 or more workers, Rule 50 requires the employer to seek prior permission at least 90 days before the intended closure date.
What is the Worker Reskilling Fund and how much must an employer contribute?
It is a fund meant to help retrenched workers gain new skills. Under Rule 52, an employer must transfer an amount equal to 15 days of the retrenched worker's last drawn wages within 10 days of the retrenchment, and the State Government then credits this to the worker's account within 45 days.
Which establishments need government permission before layoff, retrenchment, or closure?
Under Chapter X of the Industrial Relations Code, 2020, mines, factories, and plantations employing 300 or more workers need prior government permission before a layoff, retrenchment, or closure. This threshold was raised from 100 workers under the earlier Industrial Disputes Act, 1947.
What happens if an employer does not intimate a lockout notice on time?
Rule 41 requires the employer to intimate a lockout notice to the concerned Conciliation Officer and the Labour Commissioner within five days of giving it. Failing to follow the lockout procedure correctly can expose the employer to the penalty for an illegal lockout under Section 86(14) of the Code, which carries a fine and, in some cases, imprisonment.
Where can an employer submit forms and applications under these Rules?
The draft Rules recognize electronic submission, including email and portal uploads, alongside registered post and speed post for most filings. Copies of certain notices, such as strike, lockout, retrenchment, and closure notices, must also reach the Labour Commissioner and the concerned Conciliation Officer.
Sources
Where every fact on this page comes from.
- → Sikkim Government Gazette Extraordinary No. 169, dated 28 April 2022, Notification No. 21/DL dated 20 April 2022, Labour Department, Government of Sikkim (official)
- → The Industrial Relations Code, 2020 (Act No. 35 of 2020), Ministry of Labour and Employment, Government of India (official)
- → Government of Sikkim, Labour Department, press release on the 5th Regional Conference with States and Union Territories on Labour Codes, 1 March 2026, sikkim.gov.in (official)
- → Government of Sikkim, Labour Department official webpage, sikkim.gov.in (official)
For informational purposes only — not legal advice. State rules referenced here are subject to change on final notification. Verify current status with our compliance team before acting.