Second Schedule 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.
Part II of the Second Schedule lists eight unfair labour practices by workers and their trade unions. They include advising or supporting a strike deemed illegal under the Code, picketing that physically debars non-strikers, a recognised union refusing to bargain, go-slow, squatting after hours, gherao, demonstrations at residences, damage to property and violence or intimidation against workers. The Code defines "go-slow" in two Explanations inside the Schedule itself.
Part II is headed "On the part of workers and trade unions of workers" and has eight entries. They cover illegal strikes (1), coercion of workers (2), a recognised union refusing to bargain in good faith (3), coercive activities against certification of a bargaining representative (4), wilful "go-slow", squatting and gherao (5), demonstrations at residences (6), wilful damage to property (7) and force or intimidation to stop a worker attending work (8). Explanation 1 defines go-slow as more than one worker conjointly working more slowly. The Schedule is cross-referred to in sections 2(zo), 84, 86(5) and 101(1).
Part II at a glance
| No. | Practice |
|---|---|
| 1 | To advise or actively support or instigate any strike deemed to be illegal under the Code |
| 2 | To coerce workers in their right to self-organisation or to join, or refrain from joining, a Trade Union: (a) picketing so that non-striking workers are physically debarred from entering; (b) force, violence or threats of intimidation in connection with a strike against non-strikers or managerial staff |
| 3 | For a recognised union to refuse to bargain collectively in good faith with the employer |
| 4 | To indulge in coercive activities against certification of a bargaining representative |
| 5 | To stage, encourage or instigate wilful "go-slow", squatting on the premises after working hours, or "gherao" of managerial or other staff |
| 6 | To stage demonstrations at the residence of the employers or managerial staff |
| 7 | To incite or indulge in wilful damage to the employer's property connected with the industry |
| 8 | Force, violence or threats of intimidation against any worker to prevent him from attending work |
Where this fits
Part I of the Schedule lists employer practices (see Part I); Part II is its counterpart for the workers' side. Both are referred to by s.84, which deals with unfair labour practices and the power to impose a penalty (see sections 84 and 85), and the penalty provisions in section 86. This article sets out what the entries say. If you are an employer deciding how to respond to a stoppage, or a union office-bearer planning an action, our employment and labour law advisory team can help you check the entries against the planned step.
The entries in detail
Entry 1: illegal strikes
Entry 1 concerns any person "to advise or actively support or instigate any strike deemed to be illegal under this Code". It depends on the Code's rules on when a strike is illegal (see sections 62 to 64 and our earlier article on strikes). Note the contrast with employer entry 12 and 4(b), which refer to strikes "not being" illegal: the same line, legal or illegal, separates protected from unprotected action on both sides.
Entry 2: coercion
Entry 2 prohibits coercing workers "in the exercise of their right to self-organisation or to join a Trade Union or refrain from joining any Trade Union". Two examples are given. Under (a), picketing "in such a manner that non-striking workers are physically debarred from entering the work places". Under (b), acts of force or violence or threats of intimidation in connection with a strike against non-striking workers or against managerial staff. Picketing itself is not listed as unfair; the listed wrong is the physical debarring of entry.
Entries 3 and 4: bargaining
Entry 3 is "for a recognised union to refuse to bargain collectively in good faith with the employer". It mirrors entry 15 of Part I. Entry 4 is "to indulge in coercive activities against certification of a bargaining representative". Recognition of negotiating bodies is under section 14 and Rule 9 of the Central Rules, 2026.
Entry 5: go-slow, squatting, gherao
Entry 5 covers staging, encouraging or instigating "such forms of coercive actions as wilful 'go-slow', squatting on the work premises after working hours or 'gherao' of any of the members of the managerial or other staff". Two Explanations follow.
- Explanation 1: "go-slow" means "an occasion when more than one worker in an establishment conjointly work more slowly and with less effort than usual to try to persuade the employer of the establishment to agree to higher pay or better service condition or such other demand".
- Explanation 2: "usual" means, where a standard has been specified for a worker's work on a daily, weekly or monthly basis, that work; and where no standard has been specified, the rate of work which is the average of work in the previous three months, calculated on a daily, weekly or monthly basis.
Two features help both sides. The definition needs more than one worker acting conjointly, so one worker's slow output is not a go-slow. And the comparison point is the specified standard, or else a three-month average, so employers should keep output records to prove a go-slow.
Entries 6 to 8: demonstrations, damage, intimidation
Entry 6: staging demonstrations at the residence of the employer or managerial staff. Entry 7: inciting or indulging in wilful damage to the employer's property connected with the industry. Entry 8: force, violence or threats of intimidation against any worker to prevent him from attending work.
Practical examples
Example (invented) 1. During a dispute, a small group of workers in a line deliberately reduces output to about half, to press a wage demand. The line had a specified daily standard. Output measured against the standard, for more than one worker acting together, is the test under Explanations 1 and 2. If no standard had been specified, the comparison would be the average of the previous three months.
Example (invented) 2. A union's pickets stand at the gate and block non-striking workers from entering. Entry 2(a) is about picketing in such a manner that non-strikers are physically debarred from entering. Standing at the gate with placards, without blocking entry, is not described in the entry.
Need help handling a stoppage or a union action?
Employers should keep attendance and output records and act through the Code's process. Unions should plan action within the limits above. Our employment and labour law advisory team can help either side review a planned step.
Key takeaways
- Part II lists eight unfair labour practices by workers and trade unions of workers.
- Instigating or supporting a strike deemed illegal under the Code is entry 1.
- Go-slow needs more than one worker acting conjointly (Explanation 1).
- "Usual" work is the specified standard, or the average of the previous three months (Explanation 2).
- Picketing becomes unfair where non-strikers are physically debarred from entering (entry 2(a)).
- Gherao, demonstrations at residences, property damage and intimidation are separate entries.
Read next
- Second Schedule Part I: unfair labour practices by employers
- Section 62: prohibition of strikes and lock-outs
- Section 63-64: illegal strikes and lock-outs and financial aid
- Strikes: legal and illegal under sections 22 to 24
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.