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An Act to require employers in industrial establishments formally to define conditions of employment under them .

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

Coverage
The Act extends to whole of India & applies to every industrial establishment wherein 100 or more workers are employed or were employed on any day of the preceding 12 months.

Appropriate Govt.
Central State

The act is a central legislation, however, its enforcement is administered by Central and State Govt. in their respective spheres. Make rules and appoint certifying officers and appellate authority , for carrying out the provisions of the Act.

Definition
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 of employment, suspension or dismissal, misconduct etc."

Purpose
" Ensure stable and uniform conditions of service in place of chaotic, arbitrary & uncertain conditions.

Process
Employer to submit 5 copies of draft standing orders to the Certifying Officer.
Certifying officer shall call the employer and workmen or their Trade Union/s to hear their comments or objections , if any. Certifying officer to certify the standing orders after making necessary changes in draft and ensuring that standing orders are in conformity with the provisions of the Act.

Certification of Standing Orders

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 prominence in establishment where workmen are employed. 4. To Pay Subsistence Allowance to a workman suspended, pending inquiry or investigation into charges of misconduct against him. 5. To comply with the Standing Orders.

Important matters to be provided in Standing Orders under this Act


1. Classification of workmen 2. Manner of intimating to workmen periods & hrs. of work, holidays, paydays and wage rates 3. Shift working 4. Attendance and late coming 5. 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 (contd..)


8. 9. Termination of employment Suspension or dismissal for misconduct 10. Acts or omission which constitute misconduct 11. Means of redressal for workmen against unfair treatment or wrong action by employer or his agents or servants 12. Any other matter which may be prescribed

Offences 1. a) Failure to submit the draft standing orders.

2. Fine upto RS.100 and in 2. Contravention of the case of a continuing certified standing orders offence, a further fine of the establishment. upto Rs.25/- per day.

b) Modifying the standing orders without prior approval of the certifying officer.

Penalties 1. a)Fine upto Rs.5000/and in case of a continuing the offence a further fine upto Rs.200/- per day. b)Same as above

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