THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
ACT, 1946
The Industrial Employment (Standing Orders) Act, 1946 is Central enactment with an object to have a uniform Standing Order providing for the matters enumerated in Schedule to the Act and the provisions of the proposed Standing Orders should be in line with the Model Standing Order
APPLICABILITY OF THE ACT
1.
Every
industrial establishment wherein 100 or more (in many states it is 50 or more)
2.
Any
industry covered by the Bombay Industrial Relations Act, 1946
3.
Any
industrial establishment covered by M.P Industrial Employment (Standing Orders)
Act, 1981 (Section 1)
CONDITIONS FOR CERTIFICATION OF
STANDING ORDERS
1.
Every
matter to be sort our as per Schedule and Rule 2A
2.
The
standing orders to be in conformity with the provisions of the Act
SUBMISSION OF DRAFT STANDING
ORDERS
1.
Within
six months from the date when the Act became applicable to an industrial
establishment
2.
Five
copies of the Draft Standing Orders are to be submitted to the Certifying
Officer under the Act (Section 3)
PROCEDURE FOR CERTIFICATION OF
THE STANDING ORDERS
1.
The
Certifying Officer to forward a copy of draft standing orders to the trade
union, or in the absence of the union, to the workmen of the industry.
2.
The
trade union or the other representatives, as the case may be, are to be heard
(Section 5)
MATTERS TO BE PROVIDED IN
STANDING ORDERS
1.
Classification
of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
2.
Manner
of intimating to workmen periods and hours of work, holidays, pay-days and wage
rates.
3.
Shift
working.
4.
Attendance
and late coming.
5.
Conditions
of, procedure in applying for, and the authority which may grant, leave and
holidays.
6.
Requirement
to enter premises by certain gates, and liability to search.
7.
Closing
and re-opening of sections of the industrial establishments, and temporary stoppages of work and the right and
liabilities of the employer and workmen arising therefrom
8.
Termination
of employment, and the notice thereof to be given by employer and workmen.
9.
Suspension
or dismissal for misconduct, and acts or omissions which constitute misconduct.
10.
Means
of redressal for workmen against unfair treatment or wrongful exactions by the employer or his agents or
servants.
11.
Additional
Matters
o
Service
Record – Matters relating to service card, token tickets, certification of
service, change of residential address of workers and record of age
o
Confirmation
o
Age
of retirement
o
Transfer
o
Medical
aid in case of Accident
o
Medical
Examination
o
Secrecy
Exclusive service [Section 2(g), 3(2) and Rule 2A]
DATE OF OPERATION OF STANDING
ORDERS
On
the date of expiry of 30 days from certification or on the expiry of 7 days
from authentication of Standing Orders (Section 7)
POSTING OF STANDING ORDERS
The
text of the standing orders as finally certified shall prominently be posted in
English or in the language understood by majority of workmen on special board
at or near the entrance for majority of workers (Section 9)
TEMPORARY APPLICATION OF MODEL
STANDING ORDERS
Temporary
application of mod standing orders shall be deemed to be adopted till the
standing orders as submitted are certified. (Section 12-A)
PAYMENT OF SUBSISTENCE ALLOWANCE
TO THE SUSPENDED WORKERS
·
At
the rate of fifty per cent, of the wages which the workman was entitled to
immediately preceding the date of such suspension, for the first ninety days of
suspension.
·
At
the rate of seventy-five percent of such wages for the remaining period of
suspension if the delay in the completion of disciplinary proceedings against
such workman is not directly attributable to the conduct such workman(Section
10-A)
PENALTY
·
Failure
of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for
every day on continuation of offence.
·
Fine
of Rs.100 on contravention and on continuation of offence Rs.25 for every day
(Section 13)
