Works Committee explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Industrial Relation (Bihar) Rules, 2026 set out how an employer in Bihar constitutes a Works Committee, how workers' representatives are chosen, and how a Grievance Redressal Committee works in an establishment with twenty or more workers. This article covers the notification and commencement clause, the form of a memorandum of settlement, and rules 4 to 7, which are the bi-partite forum rules.
The rules are the Industrial Relation (Bihar) Rules, 2026, as notified in the Bihar Gazette (Extraordinary) No. Patna 698 of 1 July 2026. Rule 1(iii) says they come into force on the date of their publication in the Official Gazette. A Works Committee has at most twenty members, with worker representatives not fewer than employer representatives and a three-year term (rule 4). A Grievance Redressal Committee is for an establishment employing twenty or more workers (rule 5). A worker's grievance application is filed within one year of the cause of action (rule 6(3)).
Later amendments and State notifications under these rules should be checked in the State Gazette.
The notification and commencement
The notification of the Labour Resource and Migrant Workers Welfare Department dated 1st July 2026 is made under section 99 of the Industrial Relations Code, 2020, read with section 24 of the General Clauses Act, 1897. It supersedes the Bihar and Orissa Trade Union Regulations, 1928, the Bihar Industrial Employment (Standing Orders) Rules, 1947 and the Bihar Industrial Dispute Rules, 1961. Rule 1(ii) extends the rules to the whole of the State of Bihar, and rule 1(iii) provides that they "shall come into force on the date of their publication in the Official Gazette". This article gives no other date. Our post on section 99 of the Industrial Relations Code, power to make rules explains the rule-making power.
Rule 2 defines "electronically" as information or communication submitted by email, by uploading on the designated portal, or by digital payment in any mode.
Memorandum of settlement (rule 3)
A settlement reached in conciliation, or a written agreement between employer and worker otherwise, shall be in Form I (rule 3(1)). For the employer it is signed by the employer or his authorised agent, or for a company, by the agent, manager or other principal officer. For workers it is signed by any two of the President, Vice-President, Secretary (including General Secretary) and a Joint Secretary, or any two other officers authorised by the President and Secretary, or by five representatives of workers authorised at a meeting by simple majority. A settlement reached in conciliation is reported by the conciliation officer to the State Government with a copy of the memorandum; one reached outside conciliation is jointly sent by the parties to the State Government and conciliation officer, electronically or otherwise. A proviso allows settlements on mutually agreed terms in a form other than Form I.
Constituting the Works Committee (rule 4)
Rule 4(1) says every employer of an industrial establishment to whom an order of the State Government under section 3(1) relates shall forthwith constitute a Works Committee. The key printed norms are these:
| Item | Rule | As printed |
|---|---|---|
| Size | 4(2) | Not more than twenty members; workers' representatives not fewer than the employer's; adequate representation of women workers, not less than their proportion of the total workers |
| Union consultation | 4(4) | Employer asks each registered trade union how many workers are its members; if he believes the information false he may refer it to the Deputy Labour Commissioner, whose decision is final |
| Union silent | 4(5) | A trade union that does not reply within one month is treated as if it did not exist |
| Worker representatives | 4(5) | Nominated by the negotiating union; or in proportion for a negotiating council; or elected by the workers where there is neither |
| Candidate | 4(7) | A worker of not less than 19 years of age with not less than one year's service (the service condition does not apply to a first election in an establishment less than a year old) |
| Voter | 4(8) | A worker of not less than 18 years of age with not less than 6 months' continuous service |
| Schedule | 4(9) | At least three working days for nominations; election not earlier than three days and not later than fifteen days after the closing date; notice at least seven days in advance |
| Nomination | 4(10) to (11) | Signed by the candidate, attested by at least two other voters of the group; scrutiny on the day after the last date, in presence of candidates |
| Withdrawal | 4(12) | Within 48 hours of the completion of scrutiny |
| Term | 4(15) | Three years; a casual vacancy runs for the rest of the predecessor's term; three consecutive meetings missed without leave means forfeiture |
| Meetings | 4(18) | As often as necessary but not less often than once in a quarter |
The Chairperson is nominated by the employer from the employer's representatives, and as far as possible is the head of the establishment. The Vice-Chairperson is elected by the workers' representatives. The Secretary and Joint Secretary are elected every year; if one comes from the employer's side the other comes from the workers' side, and neither post may be held by the same side for three consecutive years (rule 4(14)). The employer must provide accommodation and all necessary facilities, the Committee ordinarily meets in working hours and workers' representatives are deemed on duty while attending (rule 4(19)).
The employer submits the details of the Committee's constitution and functioning as part of the unified annual return under the rules made under the Occupational Safety, Health and Working Conditions Code, 2020 (rule 4(20)). The State Government or its authorised officer may dissolve a Committee by written order if it was not constituted in accordance with rule 4, if not less than two-thirds of the workers' representatives failed without reasonable justification to attend three consecutive meetings, or if it has otherwise ceased to function; the employer may, and if required shall, reconstitute it (rule 4(21)).
The Central rule is explained in our post on rule 5 of the Central Rules, Works Committee constitution and representatives. The Bihar text prints these election steps, periods and age limits itself. An employment and labour law advisory review can help an employer run a first election correctly.
The Grievance Redressal Committee (rules 5 to 7)
Rule 5(1) says the Grievance Redressal Committee in an industrial establishment employing twenty or more workers shall consist of an equal number of members representing the employer and the workers, not exceeding ten. The employer's representatives are nominated by the employer, preferably heads of major departments. Worker representatives are nominated by the negotiating union or council, or in proportion to union membership, or chosen by the workers where there is none, with an electronic platform permitted. Women workers must have adequate representation, not less than their proportion of the total. The tenure is three years (rule 5(4)). A dispute on choosing worker representatives, where there is no negotiating union or council, may be referred to the Deputy Labour Commissioner, whose decision is final (rule 5(5)).
An aggrieved worker applies to the Committee, electronically or otherwise, stating name, designation, worker code or token number, department, length of service, category, address, contact number, details of grievances and relief sought, within one year from the date the cause of action arose (rule 6). If the worker is aggrieved by the Committee's decision, or the Committee has not resolved the grievance within thirty days of receiving the application, the worker may apply to the conciliation officer, online on the designated portal, by registered post or speed post, or in person, within sixty days from the decision or from the expiry of the period in section 4(6), and through the Trade Union of which he is a member (rule 7). A manually received application is digitised by the conciliation officer, who enters it in the online mechanism with intimation to the Trade Union and the worker. The Central companion rule is in our post on rules 6, 7 and 8 of the Central Rules, grievance redressal committee and application to the conciliation officer.
A worked example
Magadh Cement Products Ltd employs about 400 workers at Aurangabad (Bihar) and receives a State order under section 3(1). It asks the registered union for its member count, waits for the one-month reply period, and fixes a nomination window of three working days. It announces the election seven days ahead, holds scrutiny the next day after nominations close and, as one worker's nomination lacks two attesting voters, rejects it. The Committee meets each quarter. Separately, a worker with a grievance files with the Grievance Redressal Committee within one year. When the Committee does not decide in thirty days, the worker goes to the conciliation officer through his union within sixty days.
Need help with Works Committees in Bihar?
A missed election notice or a wrongly formed committee can invite dissolution under rule 4(21). Our employment and labour law advisory team can map your establishment to rules 4 and 5, set the election calendar and prepare the annual return entries.
Key takeaways
- The rules are the Industrial Relation (Bihar) Rules, 2026, in force from the date of their publication in the Official Gazette (rule 1(iii)).
- A Works Committee has at most twenty members, workers at least equal to employers, a three-year term and quarterly meetings (rule 4).
- Election timing: three working days for nominations, then three to fifteen days to the poll, with seven days' notice (rule 4(9)).
- A Grievance Redressal Committee is mandatory for twenty or more workers (rule 5).
- A worker applies within one year; the conciliation officer is approached within sixty days through the union (rules 6 and 7).
Read next
- Industrial Relation (Bihar) Rules, 2026: registration of trade unions, returns, the political fund and the negotiating union
- Industrial Relation (Bihar) Rules, 2026: standing orders and notice of change
- Rule 5 of the Central Rules: Works Committee constitution and representatives
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.