www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
1www.afterschoool.tk AFTERSCHO☺OL's MATERIAL
FOR PGPSE PARTICIPANTS...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
2www.afterschoool.tk AFTERSCHO☺OL's MATERIAL
FOR PGPSE PARTICIPANTS...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
3
Objectives of the law…
• To have uniform standing orders in
respe...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
4
What is standing orders…
• Rules relating to working in a factory...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
5
Coverage…
• The Act is applicable to all industrial
establishment...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
6
What is industrial enterprise….
• Industrial establishment is the...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
7
Who is a workman ?
• Workman‘ has meaning assigned to it under
se...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
8
Who is a certifying officer?
• A labour commissioner or a regiona...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
9
Procedure for certification of standing
orders….
• Every employer...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
10
Procedure for certification…
• The Certifying Officer will infor...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
11
Procedure for certification of standing
orders…
• Standing order...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
12
Date of operation of Standing orders…
• Standing orders certifie...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
13
Standing orders to be the most
important…
• Once the Standing Or...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
14
Standing orders binding on both the
parties…
• Standing orders a...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
15
Discipline by Standing Orders…
• A workman can be punished only ...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
16
Subsistance allowance to the worker…
• Where a workman is suspen...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
17
Matters covered in the schedule
(standing orders) … (sec 2g, & 3...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
18
About AFTERSCHO☺OL
• PGPSE - World’s most comprehensive
programm...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
19
Branches of AFTERSCHO☺OL
• PGPSE programme is open all over the
...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
20
Workshop on social entrepreneurship
• We conduct workshop on soc...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
21
FREE ONLINE PROGRAMME
• AFTERSCHO☺OL is absolutely free
programm...
www.afterschoool.t
k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
22
100% placement / entrepreneurship
• AFTERSCHO☺OL has the record ...
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k
AFTERSCHO☺OL's
MATERIAL FOR PGPSE
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Pursue professional courses along with
PGPSE
• AFTERSCHO☺OL perm...
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Industrial Employment (Standing Orders) Act 1946

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Industrial Employment (Standing Orders) Act 1946

  1. 1. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 1www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS Industrial Employment (Standing Orders) Act 1946 AFTERSCHO☻OL – DEVELOPING CHANGE MAKERS CENTRE FOR SOCIAL ENTREPRENEURSHIP PGPSE PROGRAMME – World’ Most Comprehensive programme in social entrepreneurship & spiritual entrepreneurship OPEN FOR ALL FREE FOR ALL
  2. 2. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 2www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS Industrial Employment (Standing Orders) Act 1946 Dr. T.K. Jain. AFTERSCHO☺OL Centre for social entrepreneurship Bikaner M: 9414430763 tkjainbkn@yahoo.co.in www.afterschool.tk, www.afterschoool.tk
  3. 3. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 3 Objectives of the law… • To have uniform standing orders in respect to workers, factories, and working relationship • To ensure that the terms and conditions of the employment are known to the employee and thus to minimise exploitation of the workers. • To promote industrial peace and harmony by promoting fair industrial practices.
  4. 4. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 4 What is standing orders… • Rules relating to working in a factory, which are mentioned in the schedule to the Act. [section 2(g)]. The schedule to the Act requires that following should be specified in Standing Orders - (a) classification of workmen i.e. temporary, badli, casual, permanent, skilled etc. (b) manner of intimating to workmen working hours, shift working, transfers etc. (c) Holidays (d) Attendance and late coming rules (e) Leave rules (f) Leave eligibility and leave conditions (g) Closing and reopening of sections of industrial establishment (h) termination of employment, suspension, dismissal etc. for misconduct and acts or omissions which constitute misconduct (i) Retirement age (j) Means of redressal of workmen against unfair treatment or wrongful exactions by employer
  5. 5. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 5 Coverage… • The Act is applicable to all industrial establishments‘ employing 100 or more workmen. [section 1(3)].
  6. 6. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 6 What is industrial enterprise…. • Industrial establishment is the same as : section 2(i) of Payment of Wages Act (ii) Factory as defined in section 2(m) of Factories Act (iii) Railway (iv) Establishment of contractor who employs workmen for fulfilling contract with owner of an industrial establishment. [section 2(e)].
  7. 7. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 7 Who is a workman ? • Workman‘ has meaning assigned to it under section 2(s) of Industrial Disputes Act. [section 2(i)]. Thus, workman‘ includes skilled, unskilled, manual or clerical work. However, workman‘ does not include employees engaged in managerial or administrative capacity or supervisory capacity. Workman‘ does not include workers subject to Army Act, Navy Act or Air Force Act or to police or prison services.
  8. 8. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 8 Who is a certifying officer? • A labour commissioner or a regional labour commissioner and includes other officer appointed to perform the functions of a certifying officer. (sec. 2(c) )
  9. 9. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 9 Procedure for certification of standing orders…. • Every employer covered under the Act has to prepare Standing Orders‘, covering the matters required in the Standing Orders‘. Five copies of these should be sent to Certifying Officer for approval. [section 3(1)]. Certifying Officer‘ means Labour Commissioner and any officer appointed by Government to be Certifying Officer‘. [section 2(c)].
  10. 10. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 10 Procedure for certification… • The Certifying Officer will inform the Union and workmen and hear their objections. After that, he will certify the Standing Orders‘ for the industrial establishment. [section 5]. Till standing orders are certified, Model Standing Order‘ prepared by Government will automatically apply. [section12A].
  11. 11. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 11 Procedure for certification of standing orders… • Standing order should be displayed in English and local language on special notice boards at or near entrance of the establishment. [section 9]. Modifications of Standing Order shall be done by following similar procedure. [section 10].
  12. 12. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 12 Date of operation of Standing orders… • Standing orders certified and their authenticated copies are sent to employer and workers and on the expiry of 30 days, they will be applicable. If an appeal has been made – then after 7 days of the orders the standing orders (as modified) will be applicable.
  13. 13. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 13 Standing orders to be the most important… • Once the Standing Orders‘ are certified, they supersede any term and condition of employment, contained in the appointment letter. If there is inconsistency between Standing Order‘ and Appointment Letter‘, the provisions of Standing Order‘ prevail - Eicher Goodearth Ltd. v. R K Soni - (1993) XXIV LLR 524 = 1993 LLR 524 (Raj HC) * Printers House v. State of Haryana 1982 II LLN 327.
  14. 14. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 14 Standing orders binding on both the parties… • Standing orders are binding on employer and employee. These are statutorily imposed conditions of service. However, they are not statutory provisions themselves (meaning that the Standing Orders‘ even when approved, do not become law‘ in the sense in which Rules and Notifications issued under delegated legislation become after they are published as prescribed.) - Rajasthan SRTC v. Krishna Kant - AIR 1995 SC 1715
  15. 15. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 15 Discipline by Standing Orders… • A workman can be punished only if the act committed by him is a misconduct‘ as defined under the Standing Orders‘. The Model Standing Orders‘ contain such acts like insubordination, disobedience, fraud, dishonesty, damage to employer‘s property, taking bribe, habitual absence or habitual late attendance, riotous behaviour, habitual neglect of work, strike in contravention of rules etc. as misconducts. The Certified Standing Orders‘ may cover other acts as misconduct
  16. 16. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 16 Subsistance allowance to the worker… • Where a workman is suspended by employer pending investigation or enquiry into complaints or charges of misconduct against him, the workman shall be paid subsistence allowance equal to 50% of wages for first 90 days of suspension and 75% of wages for remaining period till completion of disciplinary proceedings. [section 10A(1)]. Wages‘ has same meaning as under section 2(rr) of Industrial Disputes Act. [section 2(i)].
  17. 17. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 17 Matters covered in the schedule (standing orders) … (sec 2g, & 3(2)) • Classification of workers • Shift working • Attendance & late coming • Termination, suspension, dismissal etc. • Redressal of the employee • Transfers, • Vacancies, • Confirmation, retirement, etc.
  18. 18. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 18 About AFTERSCHO☺OL • PGPSE - World’s most comprehensive programme on social entrepreneurship – after class 12th • Flexible – fast changing to meet the requirements • Admission open throughout the year • Complete support from beginning to the end – from idea generation to making the project viable.
  19. 19. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 19 Branches of AFTERSCHO☺OL • PGPSE programme is open all over the world as free online programme. • Those who complete PSPSE have the freedom to start branches of AFTERSCHO☺OL • A few branches have already started - one such branch is at KOTA (Rajasthan).
  20. 20. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 20 Workshop on social entrepreneurship • We conduct workshop on social entrepreneurship – all over India and out of India also - in school, college, club, association or any such place - just send us a call and we will come to conduct the workshop on social entrepreeurship. • These workshops are great moments of learning, sharing, and commitments.
  21. 21. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 21 FREE ONLINE PROGRAMME • AFTERSCHO☺OL is absolutely free programme available online – any person can join it. The programme has four components : • 1. case studies – writing and analysing – using latest tools of management • 2. articles / reports writing & presentation of them in conferences / seminars • 3. Study material / books / ebooks / audio / audio visual material to support the study • 4. business plan preparation and presentations of those plans in conferences / seminars
  22. 22. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 22 100% placement / entrepreneurship • AFTERSCHO☺OL has the record of 100% placement / entrepreneurship till date • Be assured of a bright career – if you join AFTERSCHO☺OL
  23. 23. www.afterschoool.t k AFTERSCHO☺OL's MATERIAL FOR PGPSE 23 Pursue professional courses along with PGPSE • AFTERSCHO☺OL permits you to pursue distance education based professional / vocational courses and gives you support for that also. Many students are doing CA / CS/ ICWA / CMA / FRM / CFP / CFA and other courses along with PGPSE. • Come and join AFTERSCHO☺OL
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