Rules 25-26 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.
Rules 25 and 26 prescribe how a strike notice (Form XI) and a lock-out notice (Form XII) are given. They fix who signs, whom the notice goes to, how the date of receipt is fixed, and the five-day duty on an employer to tell the authorities when it receives or gives a notice.
A strike notice goes in Form XI to the employer, signed by the Secretary of the registered Trade Union or, if there is none, by five elected representatives of the workers, with copies electronically or by speed post to the conciliation officer, the Chief Labour Commissioner (Central) and the Secretary, Ministry of Labour and Employment. A lock-out notice goes in Form XII from the employer to the Secretary of every registered Trade Union, with the same copies, and must be displayed at the main entrance. An employer that receives or gives such a notice must report electronically within five days. Central-sphere establishments only.
What section 62 requires
Section 62(1) of the Industrial Relations Code, 2020 bars any person employed in an industrial establishment from going on strike, in breach of contract: without giving notice of strike within sixty days before striking; within fourteen days of giving the notice; before the expiry of the date of strike specified in the notice; during the pendency of conciliation and seven days after; during pendency of Tribunal proceedings and sixty days after; during arbitration (where a s.42(5) notification has been issued) and sixty days after; or while a settlement or award is in operation on the matters covered. Section 62(2) gives the same restrictions for lock-outs. Section 62(4) says the strike notice is given by such number of persons, to such persons and in such manner as prescribed; s.62(5) leaves the manner of lock-out notice to the rules; and s.62(6) requires the employer to report notices received or given within five days. Read section 62 for the full list.
For employers facing a strike notice, and for unions preparing one, correct service matters: a defect can be argued later. Our labour law compliance team can check the notice, the copies and the timeline.
Rule 25: notice of strike (Form XI)
| Sub-rule | Requirement |
|---|---|
| 25(1) | Notice under s.62(1) in Form XI, to the employer, signed by the Secretary of the concerned registered Trade Union, or, where there is no registered Trade Union, by five elected representatives of the workers giving the notice; a copy endorsed electronically or by speed post to the concerned conciliation officer, the Chief Labour Commissioner (Central) and the Secretary, Ministry of Labour and Employment |
| 25(2) | The date of receipt of the notice is the date of receiving it for the purposes of clause (a) of section 62(1) |
| 25(3) | If the employer receives a strike notice from any person employed, it must within five days of receipt intimate electronically the concerned conciliation officer and the Chief Labour Commissioner (Central) |
What Form XI looks like
Form XI is headed "Notice of Strike by Union (Name of Union) / Group of Workers". It names the union, or the five elected representatives, is addressed to the employer, and says that under section 62(1) the signatory proposes to call a strike, or the workers propose to go on strike, on a stated date for reasons explained in the Annexure, a "Statement of the Case". It is signed by the Secretary of the Union, or carries the names of five representatives elected at a meeting with a resolution attached. The copy list is the conciliation officer, the Chief Labour Commissioner (Central) and the Secretary, Ministry of Labour and Employment.
Rule 26: notice of lock-out (Form XII)
| Sub-rule | Requirement |
|---|---|
| 26(1) | Notice under s.62(2) in Form XII, given by the employer to the Secretary of every registered Trade Union relating to the establishment, by speed post or electronically, with a copy endorsed electronically to the conciliation officer, the Chief Labour Commissioner (Central) and the Secretary, Ministry of Labour and Employment |
| 26(2) | The notice is displayed conspicuously on the notice board or electronic board at the main entrance; a copy may also be posted on the designated portal, if any; the date of receipt by the conciliation officer is the date of receiving the notice for rule 23(1)(a) |
| 26(3) | If the employer gives a lock-out notice to any person employed by him, it must within five days of the notice inform the conciliation officer and Chief Labour Commissioner (Central) electronically |
Form XII, "Notice of Lock-out Given by Employer of Industrial Establishment", states the employer's intention to effect a lock-out in named departments or sections with effect from a stated date, with a statement of reasons in the annexure, and copies to the registered union secretary, the conciliation officer, the Chief Labour Commissioner (Central) and the Secretary, Ministry of Labour and Employment.
The two notices compared
| Feature | Strike (rule 25) | Lock-out (rule 26) |
|---|---|---|
| Form | XI | XII |
| Given by | Union Secretary, or five elected representatives if no registered union | Employer |
| Given to | Employer | Secretary of every registered Trade Union |
| Copies | Conciliation officer, Chief Labour Commissioner (Central), Secretary of the Ministry | Same three authorities |
| Display at entrance | Not required by rule 25 | Required (rule 26(2)) |
| Date that counts | Date of receipt of the notice (25(2)) | Date of receipt by the conciliation officer, for rule 23(1)(a) (26(2)) |
| Five-day intimation | Employer, on receiving a notice (25(3)) | Employer, on giving a notice (26(3)) |
How the notice connects to conciliation
A strike or lock-out notice is the first trigger in rule 23: the conciliation officer enters the details on the designated portal, holds conciliation and informs the parties of the sitting date. Section 53(5)'s first proviso shortens the officer's report time to fourteen days of the start of proceedings where a section 62 notice was received. The strike and lock-out restrictions in section 62 run alongside; illegal strikes and lock-outs are covered in sections 63 and 64.
Counting the dates
Section 62(1)(a) requires the notice within sixty days before striking, and (b) bars striking within fourteen days of giving it. Rule 25(2) makes the date of receipt the date of "giving" for clause (a). The safe approach is to check both clauses against the receipt date and the date stated for the strike in Form XI, and leave a margin.
Example. The workers of a Central-sphere factory, with no registered union, elect five representatives at a meeting. They sign Form XI giving reasons in the annexure and serve the employer, and email copies to the conciliation officer, the Chief Labour Commissioner (Central) and the Secretary of the Ministry. The employer, within five days of receipt, intimates the conciliation officer and Chief Labour Commissioner (Central) electronically. The conciliation officer enters the notice on the portal and fixes the first meeting. No strike can begin before the periods in section 62(1) have run.
Common errors
- A strike notice signed by someone other than the Secretary, where there is a registered union.
- Missing one of the three copy recipients.
- No display of a lock-out notice at the entrance.
- Missing the five-day intimation by the employer.
Need help with a strike or lock-out notice?
Both sides gain from a notice that is complete and properly served. Our labour law compliance team can prepare or review Form XI and Form XII, check the copy list and diarise the periods under section 62.
Key takeaways
- Strike notice: Form XI, signed by the registered union Secretary or five elected representatives.
- Lock-out notice: Form XII, from the employer to every registered union Secretary, displayed at the main entrance.
- Both need copies to the conciliation officer, the Chief Labour Commissioner (Central) and the Secretary of the Ministry.
- The employer must intimate electronically within five days on receiving a strike notice or giving a lock-out notice.
- Section 62 sets the sixty-day and fourteen-day conditions.
Read next
- Section 62: prohibition of strikes and lock-outs
- Sections 63 and 64: illegal strikes and lock-outs
- Rule 23: conciliation proceedings
- Forms XI, XII and XIII
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.