il standing order act

7/31/2019 IL Standing Order Act

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An Act to require employers in industrialestablishments formally to define

conditions of employment under them .


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Applicability

Coverage

This act applies to every worker employed in theindustrial establishment, engaged in any class of work- manual, unskilled, skilled, technical, operational,clerical or supervisory not exceeding Rs.1600/- pmwage.

The Act extends to whole of India & applies toevery industrial establishment wherein 100 or more

workers are employed or were employed on anyday of the preceding 12 months.


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Appropriate Govt.

Central State

Make rules and appoint certifying officers andappellate authority , for carrying out theprovisions of the Act.

The act is a central legislation, however, its

enforcement is administered by Central and StateGovt. in their respective spheres.


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Definition

" Ensure stable and uniform conditions of service in

place of chaotic, arbitrary & uncertain conditions.

Purpose

means the rules of conduct for workers employed in

industrial establishments, relating to matters

enumerated in the schedule appended to the Act,

such as classification of workmen, working hrs,

holidays, attendance, leave, termination ofemployment, suspension or dismissal, misconduct

etc."


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Process

Employer to submit 5 copies of draft standing orders tothe Certifying Officer.

Certifying officer shall call the employer and workmenor their Trade Union/s to hear their comments orobjections , if any.

Certifying officer to certify the standing orders aftermaking necessary changes in draft and ensuring thatstanding orders are in conformity with the provisionsof the Act.

Certification of

Standing Orders


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Obligations of Employers

1. Submission of draft Standing Orders for

Certification.

2. Not to modify Standing Orders, without approval

of Certifying Officer

3. Display of Standing Orders at place of prominencein establishment where workmen are employed.

4. To Pay Subsistence Allowance to a workman

suspended, pending inquiry or investigation intocharges of misconduct against him.

5. To comply with the Standing Orders.


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1. Classification of workmen2. Manner of intimating to workmen periods &

hrs. of work, holidays, paydays and wagerates

3. Shift working4. Attendance and late coming5. Conditions /Procedures for grant of leave &

holidays .

6. Requirement to enter premises ,certain gates,liability to search.7. Closing / Reopening of sections , Temporary

stoppage of work and related rights &

liabilities of employers & workmen.

Important matters to be provided in Standing

Orders under this Act


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8. Termination of employment9. Suspension or dismissal for

misconduct10. Acts or omission which constitute

misconduct11. Means of redressal for workmen

against unfair treatment or wrongaction by employer or his agents

or servants12. Any other matter which may be

prescribed

Important matters to be provided in Standing

Orders under this Act (contd..)


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Offences1. a) Failure to submit the

draft standing orders.

b) Modifying the standingorders without prior

approval of thecertifying officer.

2. Contravention of the

certified standing ordersof the establishment.

Penalties1. a)Fine upto Rs.5000/-

and in case of acontinuing the offencea further fine uptoRs.200/- per day.

b)Same as above

2. Fine upto RS.100 and incase of a continuing

offence, a further fineupto Rs.25/- per day.

il standing order act

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