Strike Notice Rules Under Section 62 of the IR Code 2020

In short: Since the Industrial Relations Code, 2020 came into force on 21 November 2025, every industrial establishment in India must follow the strike-and-lock-out notice rules. Under Section 62, no worker can legally go on strike without giving at least 14 days written notice, and the strike must take place within 60 days of that notice. This is the big change: under the old Industrial Disputes Act, 1947, the notice rule applied only to public utility services like railways, electricity, and water. Now it covers all establishments.

The four new Labour Codes, including the Industrial Relations Code, 2020 (Act 35 of 2020), were notified into force across the country on 21 November 2025 by the Ministry of Labour and Employment. They consolidate 29 older labour laws. If you are a worker or a union office-bearer, the strike-notice rule is one of the first compliance points you should understand, because getting it wrong makes the strike illegal and exposes participants to penalty.

The core idea, a 14-day cooling-off notice before a strike, is not new. What changed is who it applies to and how long the notice stays valid.

The two headline shifts are the coverage (public utility only to every establishment) and the validity window (six weeks became 60 days). The minimum 14-day wait itself is the same in both laws.

Read these day-counts carefully, because the most common mistake is treating the notice as a “60-day notice.” It is not. You give notice, wait at least 14 days, and may strike any time up to day 60.

1. Day 0: The union or workers give written strike notice to the employer in the prescribed manner.
2. Days 1 to 14: A mandatory waiting period. No legal strike can begin yet.
3. Day 14 onwards: The earliest a strike may legally begin, provided no conciliation, Tribunal, or arbitration bar applies.
4. Up to Day 60: The notice stays valid only for 60 days. If the strike does not begin within 60 days of the notice, the notice goes stale and fresh notice is needed.
5. Employer duty: The employer must report any strike notice received (or lock-out notice given) to the appropriate Government and the conciliation officer within 5 days.

So the lawful strike window runs from day 14 to day 60 after notice. Strike before day 14, or after the notice has gone stale, and it becomes illegal.

A strike is illegal if it is commenced or continued in breach of Section 62. The provision bars a strike in these situations:

1. Without giving 14 days notice, or within 14 days of giving that notice.
2. After the validity window, that is, not within 60 days before striking.
3. Before the expiry of the strike date specified in the notice.
4. During the pendency of conciliation proceedings before a conciliation officer, and for 7 days after they conclude.
5. During the pendency of proceedings before a Tribunal or National Industrial Tribunal, and for 60 days after they conclude.
6. During the pendency of arbitration proceedings, and for 60 days after they conclude, where the matter is so notified.
7. While a settlement or an award is in operation, on any matter covered by that settlement or award.

The same restrictions apply in mirror image to employers declaring a lock-out, so the burden is balanced between the two sides.

If a strike is illegal under the Industrial Relations Code, 2020, Section 86 sets the penalties:

1. Workers: A worker who takes part in or furthers an illegal strike faces a fine of not less than ₹1,000, up to ₹10,000, or imprisonment up to one month, or both.
2. Employers: An employer who carries out an illegal lock-out faces a fine of not less than ₹50,000, up to ₹1,00,000, or imprisonment up to one month, or both.
3. Instigators and financiers: Anyone who instigates, incites, or knowingly spends money in support of an illegal strike or lock-out faces a fine of not less than ₹10,000, up to ₹50,000, or imprisonment up to one month, or both.

Beyond the fine, an illegal strike can cost workers their wage protection and weaken the union's position in conciliation. Following the notice procedure keeps the strike lawful and protects the workers who join it.

Dr. Shrawan Kumar Pathak is the elected secretary of a workers' union at a mid-sized auto-parts factory in Pune, Maharashtra. In December 2025, soon after the new codes came into force, the workers wanted to strike over delayed wages. Under the old Industrial Disputes Act, 1947, a private factory like this was not a public utility, so no advance notice was strictly required. After the Industrial Relations Code, 2020 took effect on 21 November 2025, Dr. Pathak realised the 14-day notice rule now applied to his factory too. He filed written strike notice with the employer on 5 December 2025, ensured the 14-day wait was respected, and confirmed no conciliation was pending. The strike that began on 22 December 2025 was therefore lawful, and the workers kept their legal protection. Had they walked out on 6 December, the strike would have been illegal under Section 62.

Yes. Under Section 62 of the Industrial Relations Code, 2020, the notice rule applies to all industrial establishments, not just public utility services as under the old Industrial Disputes Act, 1947.

The minimum waiting period is 14 days. The 60 days is the validity window: the strike must begin within 60 days of giving the notice, or fresh notice is required. It is not a 60-day notice.

The Industrial Relations Code, 2020 was brought into force on 21 November 2025, along with the other three Labour Codes, by the Ministry of Labour and Employment.

No. Section 62 bars a strike during conciliation proceedings and for 7 days after they conclude. A strike is also barred during Tribunal or arbitration proceedings and for 60 days after.

Under Section 86, a worker who joins an illegal strike faces a fine from ₹1,000 to ₹10,000, or imprisonment up to one month, or both. Employers and instigators face higher fines.

You can use the The RTI Playbook and the AI RTI Drafter to draft a request to the labour department about strike-notice records or inspections.

1. new labour codes overview
2. layoff compensation under the IR Code
3. standing orders 300-worker threshold

1. The Industrial Relations Code, 2020 (Act 35 of 2020), Section 62, Prohibition of strikes and lock-outs, indiacode.nic.in.
2. The Industrial Relations Code, 2020, Section 86, Penalty for illegal strikes and lock-outs, indiankanoon.org.
3. Ministry of Labour and Employment / Press Information Bureau, Government makes the four Labour Codes effective, PRID 2192463, dated 21 November 2025.
4. Taxmann, Analysis: Industrial Relations Code 2020, Restrictions and Notices, taxmann.com.
5. The Industrial Disputes Act, 1947, Section 22 and Section 23 (notice and prohibition for public utility services), indiacode.nic.in.