Uttar Pradesh Draft Labour Codes
March 19, 2026
113
UP Industrial Relations Rules, 2026
Notification No. 251/36-2-2026, dated 10 March 2026
These rules supersede four older UP laws: the UP Industrial Employment Standing Orders Rules, 1946; UP Trade Union Regulation, 1927; Industrial Disputes UP Rules, 1976; and UP Industrial Relations Rules, 2021. They are framed under Section 99 of the Industrial Relations Code, 2020 (Act No. 35 of 2020) and apply to the entire state of Uttar Pradesh.
Key Provisions
Bi-Partite Forums (Works Committee & Grievance Redressal Committee)
- Works Committees are mandatory for applicable establishments, with a maximum of 20 members; worker representatives must not be fewer than employer representatives, and women workers must have proportional representation
- Members must be at least 19 years old with 1 year of service to contest; voters must be 18+ years with 6 months of service
- The Grievance Redressal Committee must have equal employer and worker representation (max 10 members) in establishments with 20+ workers; tenure is 3 years
- A worker must file a grievance within 1 year of the cause of action; if unresolved within 30 days, appeal lies to the Conciliation Officer within 60 days
Trade Unions
- Annual subscription for organized sector: up to ₹100 (ordinary member), ₹200 (honorary member); for unorganized sector: ₹50 and ₹100 respectively
- Annual audit is mandatory; unions with total receipts below ₹50,000 may have internal two-member audits
Standing Orders
- Employers adopting Model Standing Orders must intimate the Certifying Officer; if no observation is raised within 30 days, the orders are deemed certified
- Certified standing orders must be displayed at the establishment’s main entrance and may be posted on the designated portal
- Modification applications must be submitted electronically or by registered post and include a tabular statement with reasons
Industrial Tribunal
- Judicial members appointed from serving/retired High Court Judges or District Judges (min. 3 years experience); Administrative members from IAS or UP Labour Services (min. 3 years)
- A Selection Committee headed by the Chief Justice of Allahabad High Court recommends candidates; term is 3 years or until age 65, whichever is earlier
Strikes, Lock-outs, Lay-offs & Retrenchment
- Employers must give 14 days’ notice for strikes/lock-outs; notice must be submitted electronically and also displayed on a notice board
- For lay-off, retrenchment, or closure, detailed financial and operational data (production records, audit reports for 3 years, order book position, etc.) must accompany permission applications
- Copies of Forms XXVIII, XXIX, XXX, XXXI, and XXXII are auto-shared electronically with the Director General, Labour Bureau
Worker Re-Skilling Fund & Miscellaneous
- Protected workers in each Trade Union must be communicated to employers before 30th April every year
- All records, registers, and forms must be maintained electronically in addition to physical copies
UP Social Security Code Rules, 2026
Notification No. 427/36-3-2026, dated 09 March 2026
These rules are framed under the Code on Social Security, 2020 (Act No. 36 of 2020) and supersede multiple earlier UP laws including the ESI Rules (1975), Gratuity Rules (1972/1983), Maternity Benefit Rules (1966), and Building & Other Construction Workers Rules (2009/2016/2021).
Key Provisions
- The rules consolidate procedures for EPF, ESI, gratuity, maternity benefit, and building/construction worker welfare under a single framework
- Gratuity-related forms (Rules 30–35) cover applications for gratuity, commutation, nominations, and appeals — referencing Sections 53–58 of the Code
- ESIC/health benefits (Rules 45–56) detail entitlements including sickness benefit (Section 49), maternity benefit (Section 51), and disablement benefits; claim procedures require prescribed forms and timelines
- Building & Construction Worker Cess — Form 37 covers cess computation with fields for CPWD/RERA registration, overdue cess, and penalty
- Employment Information Return (EIR) under Rule 93(6) requires employers to report workforce data through NCS portals, including details of SC/ST/OBC/EWS/Ex-Servicemen/PWD categories
- Pension and commutation rules (Rules 59–63) govern EPS pension commencement, reduced pension at age 50, commutation of pension, and family pension calculations — referencing Sections 72–76
- Inspector-cum-Facilitators are empowered under Rule 82–83 for inspection of premises, and all proceedings may be initiated electronically
Uttar Pradesh Code on Wages Rules, 2026
The UP Wages Rules operationalise the Code on Wages, 2019 for the state. Key features include:
- Wage Advisory Board: The state will constitute an Advisory Board with representation from employers, workers, and independent members to advise on minimum wage revisions.
- Minimum wages: UP will notify its own minimum wage schedule for different categories of workers — unskilled, semi-skilled, skilled, and highly skilled — across sectors. Rates vary based on skill and geography.
- 50% Basic Wage Rule: Consistent with the Central Code, total allowances cannot exceed 50% of gross remuneration. Employer PF and statutory bonus count within the 50%; gratuity, ESI, and HRA do not.
- Overtime: Paid at 2× ordinary wages. Daily wage for OT = monthly wages ÷ 26.
- Claims and appeals: A claims officer and appellate authority are designated for wage-related disputes.
- Inspector-cum-Facilitator: The enforcement model replaces traditional inspectors with facilitators who also have an advisory role.
