Rule 5 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.
Rule 5(1) to (13) says how a Works Committee is constituted and how its workers' representatives are chosen: who must form it, how many members it can have, how women are represented, how union-based or elected representatives are chosen, who can stand and vote, and the election timetable from nomination to declaration. Sub-rules (14) to (21), on office-bearers, term and meetings, are covered in our next article.
An employer to whom a Central Government order under s.3(1) relates must forthwith constitute a Works Committee (rule 5(1)). It has no more than twenty members, workers' representatives not fewer than the employer's, and women represented at least in proportion to their share of the workforce (rule 5(2)). Workers' representatives come from a negotiating union, a negotiating council in proportion to membership, or election (rule 5(5)). A candidate must be at least 19 with one year's service; a voter at least 18 with six months' continuous service (rule 5(7), (8)). Nominations get three working days; the election is 3 to 15 days after closing, notified seven days ahead (rule 5(9)).
Rule 5(1)-(13) at a glance
| Sub-rule | Subject |
|---|---|
| 5(1) | Duty to constitute the Committee "forthwith" where a Central order under s.3(1) applies |
| 5(2) | Size: fair representation, total not above twenty, workers not fewer than employer, women's share |
| 5(3) | Employer's representatives nominated by the employer |
| 5(4) | Union membership information; dispute to Regional Labour Commissioner (Central) |
| 5(5) | How workers' representatives are chosen (negotiating union, council, election) |
| 5(6) | Employer may direct voting by groups, sections, shops or departments |
| 5(7), (8) | Who can be a candidate and who can vote |
| 5(9) | Timetable for nominations and election |
| 5(10), (11) | Nomination paper and scrutiny |
| 5(12), (13) | Withdrawal; unopposed election or voting |
Who must constitute a Works Committee: rule 5(1)
The duty falls on "every employer to whom an order made by the Central Government under sub-section (1) of section 3 of the Code relates". Such an employer "shall forthwith proceed to constitute" a Works Committee "to promote measures for securing and preserving amity and good relations between the employer and workers and, to that end, to comment upon matters of common interest or concern". The threshold for the order is in section 3 (see section 3 on the Works Committee). Employers who are unsure whether an order covers their establishment should ask. Our employment and labour law advisory team can help check the order and plan the election.
This article applies to Central-sphere establishments. Where the State Government is the appropriate Government, the State's own industrial relations rules apply.
Size and composition: rule 5(2) and (3)
- Members are fixed "so as to afford representation to the various categories, groups and class of workers", and to the sections, shops or departments.
- The total "shall not exceed twenty".
- Workers' representatives "shall not be less than the number of representatives of the employer".
- Women: where women workers are employed, there must be "adequate representation", and "not less than the proportion of women workers to the total workers employed".
- Employer's representatives are nominated by the employer and should, as far as possible, be officials in direct touch with the establishment's working (rule 5(3)).
Choosing workers' representatives: rule 5(4) and (5)
Step 1: union membership information
Where workers belong to registered Trade Unions, the employer asks each union to state in writing how many workers are its members. If the employer believes the figure is false, he may, after informing the union, refer the matter to the Regional Labour Commissioner (Central), who hears the parties and decides; the decision is final (rule 5(4)).
Step 2: the method
Under rule 5(5):
| Situation | How workers' representatives are chosen |
|---|---|
| Negotiating union under s.14(2) or (3) | The negotiating union nominates them |
| Negotiating council under s.14(4) | Each registered union in the council is nominated in proportion to its members in the establishment |
| Neither | Workers elect representatives from among themselves |
For the negotiating bodies see section 14. Three provisos apply:
- The employer may use an electronic platform (an IT application or online platform) for the election.
- A registered union that fails to give the membership information within one month of being called for is "treated as if it did not exist" for the purpose.
- Where the employer has referred a membership dispute, the choosing of representatives "shall be held on receipt of the decision" of the Regional Labour Commissioner (Central).
The employer may direct that workers vote by groups, sections, shops or departments (rule 5(6)).
Who can stand and who can vote: rule 5(7) and (8)
| Role | Age | Service |
|---|---|---|
| Candidate | Not less than 19 | Not less than one year in the establishment |
| Voter | Not less than 18 | Not less than six months' continuous service in the establishment |
The one-year requirement for candidates does not apply "to the first election in an industrial establishment which has been in existence for less than a year". Under the Explanations, service of one year (candidate) or six months (voter) in two or more establishments of the same employer counts as satisfying the requirement.
The election timetable: rule 5(9) to (13)
- Nominations: the employer gives "a minimum time period of three working days" for filing nominations before the closing date (5(9)(i)).
- Election date: not earlier than three days and not later than fifteen days after the closing date for nominations (5(9)(ii)).
- Notice: the election date is notified seven days in advance, stating the number of seats, on the notice board or electronic notice board, with adequate publicity (5(9)(iii)).
- Nomination paper: provided by the employer; signed by the candidate and attested by at least two other voters of the group, section, shop or department the candidate will represent; delivered to the employer (5(10)).
- Scrutiny: on the day after the last day for nominations, by the employer in the presence of candidates and attesting persons; a nomination is invalid if the candidate is ineligible under 5(7) or 5(10) is not complied with. An absent candidate or attester may send an authorised nominee (5(11)).
- Withdrawal: within forty-eight hours of completing scrutiny (5(12)).
- Outcome: if valid candidates equal the seats, they are "forthwith declared as duly elected"; if more, voting takes place on the fixed day (5(13)).
Practical example
Example (invented). An employer with 400 workers, 60 of whom are women (15 per cent), has a Central order under s.3(1). There is no negotiating union or council. The Committee can have at most twenty members, with workers' seats not fewer than the employer's. Women's representation must be not less than their 15 per cent share of the workforce (the proviso to rule 5(2)(iii)); the rule does not say how to round a fraction of a seat, so the employer plans the seats so that the women's share is not below that proportion. The employer closes nominations after four working days, notifies the election ten days later, scrutinises on the next day, and declares unopposed candidates elected.
Need help running a Works Committee election?
Timetables, eligibility and attestation rules are easy to miss. Our employment and labour law advisory team can help you set the schedule, prepare the notice and nomination papers and record the outcome.
Key takeaways
- The Committee has at most twenty members; workers' representatives are not fewer than the employer's.
- Women must be represented at least in proportion to their share of the workforce.
- Workers' representatives come from the negotiating union, the negotiating council in proportion, or election.
- Candidates: 19 years and one year's service; voters: 18 years and six months' continuous service.
- Nominations: three working days; election: three to fifteen days after closing; seven days' notice.
- Membership disputes go to the Regional Labour Commissioner (Central), whose decision is final.
Read next
- Rule 5(14)-(21): Works Committee term, meetings and working
- Section 3: Works Committee
- Section 14: negotiating union and negotiating council
- Rules 6-7-8: Grievance Redressal Committee and application to conciliation officer
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.