Standing orders


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Standing orders

  1. 1. Definition of Standing Orders Importance Useful in terms of  Scope and Application Submission of Draft Standing Orders  Certification of Standing Orders  PenaltyBYSUVIDHA KUDTARKAR
  2. 2. Important Definitions The term ‘Standing Orders’ means rules relating to matters set out in the Schedule of the Act. 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
  3. 3. Importance No uniform practice governing the conditions of service of workers No clarity of rights and obligations of the employer In respect of terms of employment, friction/dispute between management and worker Demand for statutory service conditions raised by Bombay Cotton Textile workers in 1927-28 The 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
  4. 4. Its Useful in below terms To require employers to define the conditions of work Helps to bring about uniformity in terms and conditions of employment Helps to minimize industrial conflicts Helps to foster harmonious relations between employers and employees. Helps in providing statutory sanctity and importance to standing orders
  5. 5. Scope and Application Extends to the whole of India To every establishment wherein 100 or more workmen are employed On any day preceding twelve months Once applicable to the establishment then it continuous if the no. of workmen employed gets reduced to less than 100 The appropriate Govt. can exempt any establishment from any of the provisions of the Act
  6. 6. Continuous….. 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.
  7. 7. Schedule Matters to be contained in the Standing Orders  Classification of the workmen : temporary, casual, apprentices  Manner of intimating to workmen  Shift working  Attendance and late coming  Conditions of, procedure in applying for, and the authority which may grant leave and holidays  Requirements to enter premises by certain gates and liability to search  Closing and reopening of sections of the establishments, temporary stoppages  Suspension or dismissal for misconduct  Acts and omissions which constitute misconduct
  8. 8. Submission of Draft Standing Orders Obligatory on the part of an employer or a group of employers to furnish of the draft standing orders Within 6 months of the application of the Act the employer shall submit the draft standing orders Copies to be given to the certifying officer Draft has to enclose the prescribed particulars of the workmen The status and name of the trade unions to be given. It has to take all matters set out in the Schedule.
  9. 9. Procedure for Certification of Standing Orders Copy of draft standing orders to be sent to trade union/workmen Opportunity of hearing to trade union/workmen to be provided Certification Certified standing orders have the force of law and the violation of any provision shall be taken action Standing orders to be applicable to all present and future workmen
  10. 10. Payment of Subsistence allowance Payment of subsistence allowance by an employer to a workman who has been suspended by the employer and his investigation is pending the allowance shall be at the rate of 50% of the wage for the first 90 days of suspension The allowance shall be 75% of the wage after 90 days if the investigation is delayed due to employer
  11. 11. Penalty Any employer fails to submit draft standing orders or modifies it, shall be punishable with fine which may extend to Rs. 5000. In 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 .