Definition of Standing Orders Importance Useful in terms of Scope and Application Submission of Draft Standing Orders Certification of Standing Orders PenaltyBYSUVIDHA KUDTARKAR
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
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
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
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
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.
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
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.
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
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
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 .