Presentation on theme: "The Industrial Employment (Standing Orders) Act, 1946"— Presentation transcript:
1The Industrial Employment (Standing Orders) Act, 1946 Object of the ActScope and ApplicationDefinitionsSubmission of Draft Standing OrdersCertification of Standing OrdersAppealInterpretation of Standing Orders
2ImportanceNo uniform practice governing the conditions of service of workersNo clarity of rights and obligations of the employerin respect of terms of employment, friction/dispute between management and workerDemand for statutory service conditions raised by Bombay Cotton Textile workers inThe Bombay Industrial Disputes Act of 1938 for the first time provided for statutory standing orders.The Labour Investigation Committee emphasized the workers’ right to know the terms & conditions of employment
3Object of the ActTo require employers to define the conditions of workTo brig about uniformity in terms and conditions of employmentTo minimise industrial conflictsTo foster harmonious relations between employers and employees.To provide statutory sanctity and importance to standing orders
4Scope and Application Extends to the whole of India To every establishment wherein 100 or more workmen are employedOn any day preceding twelve monthsOnce applicable to the establishment then it continuous if the no. of workmen employed gets reduced to less than 100The appropriate Govt. can exempt any establishment from any of the provisions of the Act
5Continuous…..It applies to railways, factories, mines, quarries, oil-fields, tramways, motor services, docks, plantations, workshops, civil construction and maintenance works.The Act has 15 sections and a schedule.It applies to all the skilled or unskilled, manual, supervisory, technical, clerical work.The apprentices are also included.The persons employed mainly in a managerial/administrative/supervisory capacity drawing wages exceeding Rs.1600 are not covered.
6Important Definitions Appropriate Government: State Government, Central Government.Certifying Officer: means Labour Commissioner/Regional Labour Commissioner and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette to perform such duties.Employer: owner of the establishment
7Industrial Establishment A factory defined in Section-2 (m) of the Factories Act, 1948A railway defined in Railways Act, 1939Establishment defined in the Payment of Wages Act, 1936Standing OrdersThe term ‘Standing Orders’ means rules relating to matters set out in the Schedule of the Act.
8Schedule Matters to be contained in the Standing Orders Classification of the workmen : temporary, casual, apprenticesManner of intimating to workmenShift workingAttendance and late comingConditions of, procedure in applying for, and the authority which may grant leave and holidaysRequirements to enter premises by certain gates and liability to searchClosing and reopening of sections of the establishments, temporary stoppagesSuspension or dismissal for misconductActs and omissions which constitute misconduct
9Submission of Draft Standing Orders Obligatory on the part of an employer or a group of employers to furnish 5 copies of the draft standing ordersWithin 6 months of the application of the Act the employer shall submit the draft standing ordersCopies to be given to the certifying officerDraft has to enclose the prescribed particulars of the workmenThe status and name of the trade unions to be given.It has to take all matters set out in the Schedule.
10Procedure for Certification of Standing Orders Copy of draft standing orders to be sent to trade union/workmenOpportunity of hearing to trade union/workmen to be providedCertificationCertified standing orders have the force of law and the violation of any provision shall be taken actionStanding orders to be applicable to all present and future workmenStanding orders must confirm the model standing order
11Conditions for certification of Standing Orders Must compile as per the Model Standing OrdersFairness of the provisions shall be verified by the Certifying OfficerAppealAny employer, workman, trade union aggrieved by the order of the certifying officer may, with in 30 days from the date on which copies of the certified standing orders sent to themDate of Operation of the ActOn the expiry of 30 days of the certification given by certifying officerOrAfter the expiry of 7 days of the decision given by appellate authority.
12Payment of Subsistence allowance Payment of subsistence allowance by an employer to a workman who has been suspended by the employer and his investigation is pendingthe allowance shall be at the rate of 50% of the wage for the first 90 days of suspensionThe allowance shall be 75% of the wage after 90 days if the investigation is delayed due to employer
13PenaltyAny employer fails to submit draft standing orders or modifies it, shall be punishable with fine which may extend to RsIn 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 .