industrial employment standing orders act 1946 114[1]
TRANSCRIPT
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Object of the Act Scope and Application
Definitions
Submission of Draft Standing Orders Certification of Standing Orders
Appeal
Interpretation of Standing Orders
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Conditions of service of workers were not well defined No clarity of rights and obligations of the employer
in respect of terms of employment, friction/dispute betweenmanagement and worker
Emphasize on the workers right to know the terms &
conditions of employment
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To require employers to define the terms and conditions(discharge, holidays,tenure, leaves, disciplinary action,working hours,pay days etc. ) of employment and make itknown to workers
To bring about uniformity in terms and conditions ofemployment of employees belonging to same category
To minimize industrial conflicts
To foster harmonious relations between employers andemployees.
To provide statutory sanctity and importance to standingorders
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Extends to the whole of India
To every establishment wherein 100 or more workmen areemployed
Once applicable to the establishment then it continuous evenif the no. of workmen employed gets reduced to less than100
The central and state governments can apply the provisionsof act to any industrial establishment employing less than100 workmen also by giving 2 months prior noticfication.
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Appropriate Government: State Government, CentralGovernment.[sec2b]
Certifying Officer:[2c] means Labour Commissioner/RegionalLabour Commissioner and includes any other officer
appointed by the appropriate Government, by notification inthe Official Gazette to perform such duties.
Employer: owner of the establishment Appellate Authority : authority appointed by the appropriate
Government by notification in the official Gazette to exercisethe functions of an appellate authority under the act.
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INDUSTRIAL ESTABLISHMENT A factory defined in Section-2 (m) of the Factories Act, 1948 A railway defined in Railways Act, 1939 Establishment defined in the Payment of Wages Act, 1936Standing Orders The term Standing Orders means rules relating to matters
set out in the Schedule of the Act.
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Matters to be contained in the Standing Orders Classification of the workmen : temporary, casual, apprentices
, probationers. Manner of intimating to workmen periods and hours ofwork,holidays,pay days and wages. Shift working Attendance and late coming
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Conditions of, procedure in applying for, and theauthority which may grant leave and holidays Requirements to enter premises by certain gates
and liability to search Closing and reopening of sections of theestablishments, temporary stoppages Termination of employment Suspension or dismissal for misconduct Acts and omissions which constitute misconduct
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It is not permissible for the employers toframe standing orders in respect of thematters not provided for in the schedule ofthe ACT.
Only the appropriate govt can by notificationadd matters
In 1983 added: age of retirement,
transfer,medical ex, exclusive service etc.
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The Central and State Govt have framed theirown rules on the matters stated in the ACT .
Classification of workers-permanent,probationer,badli,temporaryworkmen,casual,apprentice
Tickets to permanent workman
Cards-number of days etc.
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Publication of working time , holidays, wagerates,shift working
Read more
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Obligatory on the part of an employer or a group ofemployers to furnish 5 copies of the draft standing orders tothe certifying officer
Within 6 months of the applicablibity of the Act the employershall submit the draft standing orders proposed
5 Copies to be given to the certifying officer
Draft has to enclose the prescribed particulars of theworkmen
The status and name of the trade unions to be given.
It has to take all matters set out in the Schedule.
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Copy of draft standing orders to be sent to tradeunion/workmen by certifying officer
Opportunity of hearing to trade union/workmen tobe provided objection to be submitted within 15
days Certification
Within 7 days of certification ,send copies to all
Standing orders to be applicable to all present and
future workmen.
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Provision is therein made for every matter set out inthe schedule Standing orders are in conformity with theprovisions of the Act.
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AppealAny employer, workman, trade union aggrieved by the order of
the certifying officer may, with in 30 days from the date onwhich copies of the certified standing orders sent to them
Date of Operation of the ActOn the expiry of 30 days of the certification given by certifying
officer
Duration & modification of Standing OrderTo remain unmodified for span of 6 months. These provision of
modification do not apply in states of Mahrashtra and gujarat.
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Register of standing order: The certifyingofficer is required to file a copy in prescribedregister.
Display of standing orders: to be posted inEnglish language or local language near theentrance.
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Payment of subsistence allowance by an employer to aworkman who has been suspended by the employer and hisinvestigation is pending or inquiry into complaints or chargesof misconduct
the allowance shall be at the rate of 50% of thewage for the first 90 days of suspension
The allowance shall be 75% of the wage after 90days if the investigation is delayed due to employer
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Any employer fails to submit draft standingorders or modifies it without approval of theCertifying officer, shall be punishable withfine which may extend to Rs. 5000.
In case of continuance of the above offence,fine up to Rs.200 per every day.
Any contravention of Standing Orders is
punishable by Rs. 100 fine further Rs25 aday.
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An Act to regulate the employment ofcontract labour in certain establishments andto provide for its abolition in certaincircumstances and for matters connected
therewith.
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A workman is deemed to be employed as Contract Labourwhen he is hired in connection with the work of an
establishment by or through a contractor.
Contract workmen are indirect employees;persons who arehired, supervised and remunerated by a contractor who, in
turn, iscompensated by the establishment. Contract labour has to be
employed for work which is specific and for definite duration.
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Contract labour should not be employedwhere:
(a) The work is perennial and must go on from day to day;
(b) The work is incidental to and necessary for the work of thefactory;
(c) The work is sufficient to employ considerable number ofwhole time workmen
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It applies-- (a) To every establishment in which twenty or
more workmen are employed or wereemployed on any day of the preceding twelvemonths as contract labour
(b) to every contractor who employees or whoemployed on any day of the preceding twelve
months twenty or more workmen
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Who is a Principal employer
In a factory, the owner or the occupier of the factory & where a person has beennamed as Manager under the Factories Act, 1948
Who is a Contractor
A person who undertakes to produce a given result for the establishment through
contract labour or who supplies contract labour for any work of establishment &
includes a sub contractor.
Who is a Contract labor
Any worker will be a contract labour when he is hired for work of establishment
through a contractor, with or without the knowledge of the principal employer
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Sr. No. Provision Conditions
1 Canteen Where 100 or more contract labour employed &
employment of contract worker continue more than 6
months
2 Rest rooms If contract labour is required to halt at night &
employment of contract worker continue for 3 or more
months
3 Crche Where 20 or more female contract labor are employed.
4 Drinking Water Sufficient supply at convenient place.
5 Latrines & Urinals At least one latrine for every 25 male & female contract
labor separately
6 Washing Facilities Separate for female & male contract labor
7 First aid Facilities At least one First aid box for every 150 contract labor
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Ensure timely disbursement of wages Pay the rate of wages as fixed in agreement
Maintain rolls and registers of wages,overtime, deductions, fines etc.
Issue wage slips
Display notice of wage rates , hours of worketc.
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Responsibility for payment of wages: -A contractor shall be responsible for the
payment of wages
Wages shall be paid in the presence of authorized person nominated by the
Principal employer.
No wage period shall exceed one month.
Wages of terminated worker shall be paid before the expiry of second working
day from the day on which his services were terminated.
Wages to every worker shall be paid directly or to any person authorized by him.
The wages paid to the contract workers shall be authenticated by the
representative of the Principal employer at the end of the wage sheet.
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Register & records to be maintained: Sr. No. Register to be maintained Form No.
1
Register of Contractor
12
2
Register of Person employed
13
3
Employment card
14
4
Service Certificate
15
5
Muster Roll
16
6
Register of wages
17
7
Wages cum Muster roll register where is fortnightly or less
18
8
Register of Deductions
20
9
Register of Fines
21
10
Register of Advances
22
11
Register of Overtime
23
12
Wages slip where wage period is more than one week
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Prohibition of employment of contract labor
The State govt can prohibit the employment of Contract Labor by a notification in the following areas:
The process, operation is the main business of the establishment
Continuous Manufacturing
Perennial nature of work
Where the work should be done by whole time workmen.
Employment permitted by the State Govt for employment of Contract Labor
Housekeeping
Horticulture
Loading & Unloading
Material Movements
Canteen Employment
Security & Vigilance
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Registration of Establishment
The Principal employer if employing 20 or more workers through the contractor, he is obliged to get
himself registered through FORM No. 1.
Licensing of Contractors
The Contractor has to obtain License if employing more than 20 workers & deposit the required fees on
FORM No. 4 along with the Principal Employer Certificate on FORM No. 5.
Validity & Renewal
The License will be valid for one year and can be renewed thereafter before 30 days of its expiry
Revocation, suspension & amendment of license
If the license is obtained by misrepresentation or suppression of material facts.
Security DepositThe Contractor has to deposit the Security amount as prescribed by the State Govt.