(standing orders) Act

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Transcript (standing orders) Act

The industrial employment
(standing orders) Act 1946
statistics
• Year of enforcement 1946
• Date of enforcement 23rd april
objectives
• To define conditions of employment under
them and to make known the said
conditions to workmen
definitions
•
Standing orders
the rules of conduct for workmen employed in industrial
establishments, relating to matters such as
1. Classification of workmen
2. Working hours
3. Holidays
4. Attendance
5. Leave
6. Termination of employment
7. Suspension
8. Dismissal
9. Misconduct
Definition
• Model standing orders
the draft prescribed by the central and
state government to serve as an
exemplary pattern of the rules of conduct
based
on
which
the
industrial
establishments can draft their own
standing orders and get them certified by
the certifying officers appointed for this
purpose.
applicability
• The act is applicable to the whole of India
and
extends
to
all
industrial
establishments wherein the number of
workmen employed is 100 or more on any
day of the preceding 12 months.
Power to make rules
•
Both the central and state governemnt
are
the
appropriate
authorities
responsible for the administration of the
act, they’l appoint
1. Certifying officer for this purpose
Employees covered under this Act
• Every person employed in an industrial
establishment to do any
• Manual
• Clerical
• Skilled
• Unskilled work
Is covered under this act
The act does not apply to
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Persons subject to
Army
Navy
Air force
Police service
Employee of prison
Contents of standing orders
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Date on which the standing oeders shall come into force
Classification of workmen as
permanent
probationers
temporary
casual
apprentice
and their service record
Issue of token
working hours of the establishments
Holidays and pay days
Prevailing wage rates in the establishments
Shift timings and notice of changes of shift timings
Attendance record and late coming
Contents of standing orders
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Leave provisions
Absence from place of work
Provisions of payment of wages
Termination of employees
Disciplinary actions for misconduct
Grievance redressal procedures
Provisions of fringe benefits
Free copy of standing orders to all the
employees
Obligation of employer
• The employer must submit to the certifying
officer, 5 copies of the standing orders which he
propose to adopt
• Employer must do so within 6 months from the
date the act becomes applicable to the
establishments.
• Employer must not modify the standing orders
without the approval of the certifying officer.
• Employer must display the approved standing
orders in a prominent place in the
establishments
Obligation of employee
• The must follow the rules laid down in the
certified standing orders
Appeals
• Any workmen not satisfied with the
certified standing orders, they may go for
appeals,
Major offences and penalties
• Contravention of any of the provisions of the
certified standing orders is Punishable with a
fine of upto Rs.100 Further continuance of the
offence additional fine of Rs.25 per day
• Failure to submit the draft orders or modifying
the standing orders without prior approval
• Fine Upto Rs.5000
• And Rs.200 (per day) for continuance of the
offence