The Industrial Relations Code, 2020
Section 77. Application of this Chapter
In simple words
- The special lay-off, retrenchment and closure rules in this Chapter apply to factories, mines and plantations with not less than three hundred workers on average per working day in the preceding twelve months, or a higher notified number s. 77(1), (3).
- Seasonal establishments and those where work is only intermittent are excluded s. 77(1).
An explanation, not the law. The official text below prevails.
Official text
(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workers, or such higher number of workers as may be notified by the appropriate Government, were employed on an average per working day in the preceding twelve months.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.
(3) For the purposes of this Chapter,"industrial establishment" means—
(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948;
(ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952; or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951.