Notification Record & Forms
Notification details and the forms every employer needs, in one place.
- Issuing authority
- Labour Department, Government of West Bengal
- Notified
- Notification No. Labr/102/Law on 13 July 2026
- Objection window
- 45 days from the date of publication
- Legal basis
- Section 99 of the Industrial Relations Code 2020 (Act 35 of 2020)
- Supersedes
- All existing rules, orders and notifications on the subject, including the West Bengal Industrial Disputes Rules 1958 and the Bengal Industrial Employment Standing Orders Rules 1946
- Status as of
- Draft stage, not yet in force
The Industrial Relations Code 2020 became effective on 21 November 2025, replacing three older labour laws, the Trade Unions Act 1926, the Industrial Employment Standing Orders Act 1946 and the Industrial Disputes Act 1947. States now have to frame their own procedural rules under the Code, and West Bengal has released its draft version covering everything from Works Committees to compounding of offences. This guide breaks down what the draft rules say, what forms and due dates employers should watch, and how the framework compares with the law it replaces.
Forms under the State Rules
Due Dates
Compliance deadlines, forms and how often each one recurs.
| Compliance | Form | Compliance Frequency | Due Date |
|---|---|---|---|
| Notice of change in service conditions | Form XIX (Rule 44) | As and when a change is proposed | Before the change takes effect |
| Lay off permission application | Form XXXI (Rule 58) | As and when lay off is intended | At least 15 days before the intended lay off |
| Continuation of lay off permission | Form XXXI (Rule 58(3)) | As and when continuation is needed | At least 15 days before expiry of the earlier lay off |
| Retrenchment permission application | Form XXXI (Rule 60) | As and when retrenchment is intended | At least 60 days before the intended date |
| Closure permission application | Form XXXI (Rule 62) | As and when closure is intended | At least 90 days before the intended date |
| Retrenchment notice to State Government | Form XXX (Rule 55) | Per retrenchment event | Within 3 days of notice or payment to the worker |
| Lock out intimation to conciliation officer | Form XXIX (Rule 54(3)) | Per lock out | Within 5 days of giving the lock out notice |
| Worker Re Skilling Fund contribution | Not applicable (Rule 64(2)) | Per retrenchment event | Within 10 days of retrenchment |
| Trade union annual return | Form XIV (Rule 33) | Annual | By 31 July every year |
| Protected workers list communication | Not applicable (Rule 67) | Annual | By 30 April every year |
| Compounding amount deposit | Form XXXII Part III (Rule 66(5)) | Per notice received | Within 15 days of receipt of the notice |
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 law | Industrial Disputes Act 1947, Trade Unions Act 1926 and Industrial Employment Standing Orders Act 1946, along with the West Bengal Industrial Disputes Rules 1958 | Industrial Relations Code 2020 and the West Bengal Industrial Relations Rules 2026, currently in draft |
| Works Committee size | No fixed cap under the earlier framework | Capped at 20 members, with mandatory proportional women worker representation |
| Negotiating union recognition | No uniform statutory threshold, recognition handled case by case | 30 percent membership threshold, backed by a structured verification and secret ballot process |
| Standing orders | Certification by the certifying officer was mandatory in most cases | Model Standing Orders are deemed certified if the certifying officer stays silent for 30 days |
| Strike or lock out notice | Required mainly in public utility services | Required for every industrial establishment covered by the Code |
| Lay off, retrenchment and closure permission threshold | Applied to establishments with 100 or more workmen under Chapter VB of the Industrial Disputes Act | Threshold raised to establishments with 300 or more workers under Chapter X of the Code |
| Worker Re Skilling Fund | No equivalent fund existed | New fund requiring 15 days wages per retrenched worker, deposited within 10 days |
| Filing mode | Physical filing and manually maintained registers | Electronic filing through a designated portal, alongside email and speed post options |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- Every industrial establishment in West Bengal to which the Industrial Relations Code 2020 applies
- All registered trade unions, negotiating unions and negotiating councils operating in the state
- Establishments employing 20 or more workers, for the Grievance Redressal Committee requirement
- Establishments for which the State Government has ordered a Works Committee
- Industrial disputes referred to conciliation officers, arbitrators or the Industrial Tribunal in West Bengal
Exempted / special treatment
- Establishments where the State Government has not issued a Works Committee order under section 3(1) of the Code
- New establishments less than a year old, exempt from the service qualification for election candidates
- Special permission requirements for lay off, retrenchment and closure, which apply only to establishments with 300 or more workers
- Civic and political funds of trade unions, kept and audited separately from the general fund
Frequently Asked Questions
Answers to what employers ask us most about this rule.
What are the West Bengal Industrial Relations Rules 2026?
They are draft procedural rules that the West Bengal Labour Department has framed under the Industrial Relations Code 2020. They set out how Works Committees, trade unions, conciliation, strikes, lock outs, lay off, retrenchment and closure will actually work inside the state.
When were these rules published and where?
They were published on 13 July 2026 in the Kolkata Gazette Extraordinary under Notification No. Labr/102/Law.
Are these rules already in force?
No. They are still in draft form. The Labour Department has invited objections and suggestions, and the rules will only take effect once the final version is published.
Until when can objections be submitted?
The notification gives a window of 45 days from the date of publication in the gazette.
How can an employer or organisation submit an objection?
Objections can be emailed to the Labour Department in the prescribed proforma, mentioning the name and address of the person or organisation, the rule or sub rule being objected to, and the revised wording being proposed along with reasons.
What older laws do these rules replace?
They supersede all existing rules, orders and notifications on the subject in West Bengal, which in practice means the West Bengal Industrial Disputes Rules 1958 and the Bengal Industrial Employment Standing Orders Rules 1946, among others.
Which establishments need to set up a Works Committee?
Only establishments for which the State Government has issued an order under section 3(1) of the Code. Once that order is made, the employer must constitute the committee straight away.
Is a Grievance Redressal Committee mandatory?
Yes, for every industrial establishment employing 20 or more workers. The committee must have an equal number of employer and worker representatives, up to 10 members in total.
How does an employer recognise a negotiating union?
If a single union represents at least 30 percent of the workers, the employer must recognise it as the sole negotiating union. Where more than one union crosses that threshold, a Verification Officer conducts a secret ballot to determine membership shares.
What is the Worker Re Skilling Fund?
It is a fund the employer must contribute to whenever a worker is retrenched, equal to 15 days of that worker's last drawn wages, paid within 10 days of the retrenchment. The amount is later transferred to the retrenched worker to help with re skilling.
What notice does an employer need to give before retrenchment or closure?
The employer must send prior notice to the State Government and the concerned Labour Commissioner, in Form XXX, along with a copy to the worker and the registered trade unions. Establishments with 300 or more workers additionally need prior government permission, applied for through Form XXXI.
Can an employer settle an offence instead of going through prosecution?
Yes. Under rule 66, a compounding officer can issue a notice specifying the compounding amount, and the accused can settle the matter by paying that amount within 15 days, avoiding a full prosecution.
Do these draft rules apply outside West Bengal?
No. They apply only within West Bengal, for matters where the state is the appropriate government under the Code. Other states are framing their own versions of these rules separately.
What happens to ongoing disputes and settlements once the rules are finalised?
The draft rules include savings language that protects things already done or actions already taken before the new rules replace the old ones, so ongoing matters are not disturbed.
Where can an employer get the official copy of the draft rules?
The full notification is published in the Kolkata Gazette Extraordinary dated 13 July 2026, available through the West Bengal Labour Department's official channels.
Sources
Where every fact on this page comes from.
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.