The Industrial employment (standing orders) Act 1946

MHRDM - Group No. 1 Smita Pant 18 Madhuri Naidu 14 Ruby Nanda 15 Sanjay Pandey 22 Anamica Mishra 12

What are Standing Orders ?

Standing Orders means rules of conduct for workmen employed in industrial establishments.

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

What is an Industrial Establishment ?

An "Industrial Establishment" means : (i) An industrial establishment as defined in Sec. 2(i) of Payment 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 Indian Railways Act, 1890; (iv) An establishment of contractor who employs workmen for fulfilling contract with owner of an industrial establishment Sec. 2(e). The term industrial employment also includes transport service, construction work, mines, plantation, workshop, building activity, transmission of power etc.

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 this Act applicable to any industrial establishment even if it employs less than 100 workmen.

When should be the draft standing orders submitted ?

Within six months from the date on which the act becomes applicable Five copies should be submitted to the Certifying Officer for approval It should be accompanied by Statement giving prescribed details of workmen employed Including name of the trade union, if any, to which they belong

Employers under the Industrial Employment (Standing Orders) Act, 1946

'Employer' means the owner of an industrial establishment to which this Act for the time being applies, and includes : - in a factory, any person named under clause (f) of subsection (1) of Sec. 7 of the Factories Act, 1948 (63 of 1948), as manager of the factory; - in any industrial establishment, under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department - in any other industrial establishment, any person, who is responsible to the owner for the supervision and control of the industrial establishment

Certification of Standing Orders

On receipt of the draft Standing Orders, the Certifying Officer will forward a copy to the trade union or the workmen and hear their objections, if any. If there are no alterations to be made in the draft Standing Order, the Certifying Officer shall certify the Standing Orders. Till the standing orders are certified, Model Standing Orders prepared by the Government will automatically apply. The copies of Certified Standing Orders should be sent to the employer and trade union within seven days. Standing Orders should be displayed in English and local language on special notice boards at or near the entrance of the establishments Sec. 9.

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

To require an employer to make the conditions of employment precise and definite.

The Act intends to prescribe these conditions in the form of a Standing Order.

What are the salient features of the Model Standing Orders?

More than 1 shift may be worked in a department or section of a 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 giving notice or wages in lieu of notice

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.

What other matters are included in the Model 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 for the exclusive service by the workman at his place of employment.

Penalties and Procedure

An Employer, who fails to submit draft standing orders, shall be punishable with fine which may extend to five thousand rupees and in case of continuing offence, the fine may 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 the certified standing orders, shall be punishable with fine which may extend to one hundred rupees and in case of continuing offence, the fine may extend to twenty-five rupees for every day after the first during which the offence continues. Contd

Contd.. Penalties

No prosecution shall be instituted for an offence punishable under this section, except with the previous sanction of the appropriate Govt. No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the second class shall try any offence under this section.

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

Payment of Subsistence Allowance

Where a workman is suspended by the employer pending investigation or enquiry into complaints or charges of misconduct against him, the workman shall be paid subsistence allowance equal 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

Contd

If there is any dispute regarding subsistence allowance payable to a workman The workman or the employer may refer the dispute to the Labour Court, within the local limits of whose jurisdiction the said industrial establishment is situated; The Labour Court, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. Contd

Contd

Where provisions relating to payment of subsistence allowance under any law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable for payment of subsistence allowance in that State.

Who shall be responsible for the proper observance of the Standing Orders?

The employer of the establishment shall be personally responsible for the proper and faithful observance of the Standing Orders.

Model Standing Order In Coal Mines

Classification of workmen Permanent Probationers Badli & Fixed term employment Temporary Casual Apprentices

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

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

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 by the employer or workmen or trade union.

Power to Exempt
The appropriate Government may by notification in the Official Gazette, exempt, conditionally or unconditionally, any industrial establishment from all or any of the provisions of this Act.

Thank you