standing orders presentation[2]

8/2/2019 Standing Orders Presentation[2]

1/24

The Industrial employment(standing orders) Act 1946

MHRDM - Group No. 1

Smita Pant 18

Madhuri Naidu 14

Ruby Nanda 15Sanjay Pandey 22

Anamica Mishra 12


2/24

What are Standing Orders ?

Standing Orders means rules of conduct forworkmen employed in industrialestablishments.

It means rules relating to matters set out inthe schedule to the Act Sec. 2(g).


3/24

What is an Industrial Establishment ?

An "Industrial Establishment" means :

(i) An industrial establishment as defined in Sec. 2(i) ofPayment of Wages Act;

(ii) Factory as defined in Sec. 2(m) of Factories Act;

(iii) Railway as defined in Clause (4) of Sec. 2 of IndianRailways Act, 1890;

(iv) An establishment of contractor who employs workmen forfulfilling contract with owner of an industrialestablishment Sec. 2(e).

The term industrial employment also includes transportservice, construction work, mines, plantation, workshop,building activity, transmission of power etc.


4/24

Whom it is applicable?

Every industrial establishment,

where 100 or more workmen are employed

or had been employed on any day in the

proceeding 12 months

The appropriate Government can make thisAct applicable to any industrial establishmenteven if it employs less than 100 workmen.


5/24

When should be the draft standingorders submitted ?

Within six months from the date on which the actbecomes applicable

Five copies should be submitted to the Certifying

Officerfor approval It should be accompanied by

Statement giving prescribed details ofworkmen employed

Including name of the trade union, if any, towhich they belong


6/24

Employers under the IndustrialEmployment (Standing Orders) Act, 1946

'Employer' means the owner of an industrial establishment towhich this Act for the time being applies, and includes :

- in a factory, any person named under clause (f) of sub-section (1) of Sec. 7 of the Factories Act, 1948 (63 of 1948), asmanager of the factory;

- in any industrial establishment, under the control of anydepartment of any Government in India, the authorityappointed by such Government in this behalf, or where noauthority is so appointed, the head of the department

- in any other industrial establishment, any person, who isresponsible to the owner for the supervision and control ofthe industrial establishment


7/24

Certification of Standing Orders

On receipt of the draft Standing Orders, the Certifying Officer willforward a copy to the trade union or the workmen and hear theirobjections, if any.

If there are no alterations to be made in the draft Standing Order,

the Certifying Officer shall certify the Standing Orders. Till thestanding orders are certified, Model Standing Orders prepared bythe Government will automatically apply.

The copies of Certified Standing Orders should be sent to theemployer and trade union within seven days.

Standing Orders should be displayed in English and local languageon special notice boards at or near the entrance of theestablishments Sec. 9.


8/24

What is the object of the IndustrialEmployment (Standing Orders) Act, 1946?

To require an employer to make theconditions of employment precise anddefinite.

The Act intends to prescribe these

conditions in the form of a Standing Order.


9/24

What are the salient features of the ModelStanding Orders?

More than 1 shift may be worked in a department or section ofa department at the discretion of the employer

Workmen are allowed to be shifted from one shift to another

All workmen shall be at work at the fixed time

Holidays with pay are allowed to workmen

Provision for casual leave

There is a provision for termination of employment by givingnotice or wages in lieu of notice


10/24

What must the standing orders contain?

The standing orders must contain the following: Classification of workmen i.e. temporary, badli, casual, permanent,

skilled etc. Manner of intimating to workmen working hours, shift working,

transfers etc.

Holidays Attendance and late coming rules Leave rules Leave eligibility and leave conditions Closing and reopening of sections of industrial establishment Termination of employment, suspension, dismissal etc. for

misconduct Means of redressal for workmen against unfair treatment by

employer Age of retirement Any other matter that may be prescribed.


11/24

What other matters are included in theModel Standing Orders?

The Model Standing Orders include

provisions for facilities for the workmen,

first aid, secrecy in respect of papers, books,

drawings,

protection of the manufacturing process,

trade secrets etc. of the employers and forthe exclusive service by the workman athis place of employment.


12/24

Penalties and Procedure

An Employer, who fails to submit draft standing orders,shall be punishable with fine which may extend to fivethousand rupees and in case of continuing offence, the finemay extend to two hundred rupees for every day after the

first during which the offence continues.

An Employer who does any act in contravention of thecertified standing orders, shall be punishable with finewhich may extend to one hundred rupees and in case ofcontinuing offence, the fine may extend to twenty-five

rupees for every day after the first during which the offencecontinues.

Contd


13/24

Contd.. Penalties

No prosecution shall be instituted for an offencepunishable under this section, except with theprevious sanction of the appropriate Govt.

No Court inferior to that of a MetropolitanMagistrate or Judicial Magistrate of the secondclass shall try any offence under this section.


14/24

Acts of Misconduct

willful insubordination or disobedience theft, fraud or dishonesty willful damage to employers property taking or giving bribes or any illegal gratification

habitual absence or habitual late attendance, habitual breach of any law, applicable to any

establishment, habitual negligence or neglect of work, riotous behaviour strike in contravention of the rules


15/24

Payment of Subsistence Allowance

Where a workman is suspended by the employerpending investigation or enquiry into complaintsor charges of misconduct against him, theworkman shall be paid subsistence allowanceequal to

(a) 50% of wages for first 90 days of suspension;and

(b) 75% of wages for remaining period till

completion of disciplinary proceedings Sec.10A(1)

Contd


16/24

Contd

If there is any dispute regarding subsistenceallowance payable to a workman

The workman or the employer may refer the

dispute to the Labour Court, within the locallimits of whose jurisdiction the said industrialestablishment is situated;

The Labour Court, after giving the parties anopportunity of being heard, decide the dispute

and such decision shall be final and binding onthe parties.

Contd


17/24

Contd

Where provisions relating to payment ofsubsistence allowance under any law for the time

being in force in any State are more beneficial

than the provisions of this section, the provisionsof such other law shall be applicable for paymentof subsistence allowance in that State.


18/24

Who shall be responsible for the properobservance of the Standing Orders?

The employer of the establishmentshall be personally responsible for the

proper and faithful observance of theStanding Orders.


19/24

Model Standing Order In CoalMines

Classification of workmen

Permanent

Probationers

Badli & Fixed term employment

Temporary

Casual

Apprentices


20/24

Contd

Tickets Publication of working time Publication of holidays and pay days Publication of wage rates Shift Working

Notice of changes in shift working Attendance and late coming Leave Causal Leave Payment of wages Stoppage of Work

Termination of employment Disciplinary action for misconduct Complaints Certificate on termination of service Liability of employer Exhibition of standing orders


21/24

Model Standing Orders(applicable to all industries)

Service Record

Service Card

Certification of service

Residential address of workmen Record of age

Confirmation

Age of retirement

Transfer Medical aid in case of accidents

Medical examinations

Secrecy

Exclusive service


22/24

Can the Standing Orders be amended ?Who can request this?

Standing Orders can be amended,

not earlier than 6 months after the date of

certification and, by following the same method as applicable

for the original certification.

This request for change can be made either bythe employer or workmen or trade union.


23/24

Power to Exempt

The appropriate Government may bynotification in the Official Gazette, exempt,conditionally or unconditionally, any

industrial establishment from all or any ofthe provisions of this Act.


24/24

Thank you

standing orders presentation[2]

Documents