The document summarizes key aspects of the Industrial Employment (Standing Orders) Act, 1946 and the proposed changes in the Industrial Relations Code Bill, 2020. The Act requires employers with over 100 workers to define conditions of work through standing orders. The Code raises this threshold to 300 workers. It also introduces stricter conditions for legal strikes, requiring notice and conciliation/arbitration proceedings. Critics argue this weakens worker rights and makes legal strikes difficult. The Code proposes a reskilling fund for retrenched workers, but funding sources are vague.
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Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. The Industrial Employment
(Standing Orders) Act, 1946
Object of the Act
Scope and Application
Definitions
Submission of Draft Standing Orders
Certification of Standing Orders
Appeal
Interpretation of Standing Orders
2. 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
3. Object of the Act
To require employers to define the conditions of work
To brig about uniformity in terms and conditions of
employment
To minimise industrial conflicts
To foster harmonious relations between employers
and employees.
To provide statutory sanctity and importance to
standing orders
4. 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
5. 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.
6. Important 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
7. Industrial Establishment
A factory defined in Section-2 (m) of the
Factories Act, 1948
A railway defined in Railways Act, 1939
Establishment defined in the Payment of
Wages Act, 1936
Standing Orders
• The term ‘Standing Orders’ means rules
relating to matters set out in the Schedule of
the Act.
8. 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
9. Submission of Draft Standing Orders
Obligatory on the part of an employer or a group of
employers to furnish 5 copies 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.
10. 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
Standing orders must confirm the model standing
order
11. Conditions for certification of Standing
Orders
Must compile as per the Model Standing Orders
Fairness of the provisions shall be verified by the Certifying
Officer
Appeal
Any 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 them
Date of Operation of the Act
On the expiry of 30 days of the certification given by certifying
officer
Or
After the expiry of 7 days of the decision given by appellate
authority.
12. 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
13. 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 .
14. Industrial Relations Code Bill, 2020
It has raised the threshold for the requirement of a standing order to over 300
workers which implies that industrial establishments with up to 300 workers will not be
required to furnish a standing order.
Industrial Employment (Standing Orders) Act, 1946 makes it obligatory for employers
of an industrial establishment where 100 or more workers are employed to clearly
define the conditions of employment and rules of conduct for workmen, by way of
standing orders/services rules and to make them known to the workmen employed.
The new provision for standing order will be applicable for every industrial
establishment wherein 300 or more than 300 workers are employed or
were employed on any day of the preceding twelve months.
It was earlier suggested by the Standing Committee on Labour which also
suggested that the threshold be increased accordingly in the Code
itself and the words ‘as may be notified by the Appropriate Government’
be removed because reform of labour laws through the executive route is
undesirable and should be avoided to the extent possible.
15. Industrial Relations Code Bill, 2020
It also introduces new conditions for carrying out a legal strike. The
time period for arbitration proceedings has been included in the conditions
for workers before going on a legal strike as against only the time for
conciliation at present.
No person employed in any industrial establishment shall go on strike without a
60-day notice and during the pendency of proceedings before a Tribunal or
a National Industrial Tribunal and sixty days after the conclusion of such
proceedings.
At present, a person employed in a public utility service cannot go on strike
unless they give notice for a strike within six weeks before going on strike or
within fourteen days of giving such notice, which the IR Code now proposes
to apply for all the industrial establishments.
It has also proposed to set up a re-skilling fund for training of retrenched
workers with contribution from the employer, of an amount equal to 15 days last
drawn by the worker.
16. Industrial Relations Code Bill, 2020
Concerns:
It will water down the labour rights for workers in small establishments having less than 300
workers and would enable companies to introduce arbitrary service conditions for workers.
It will give tremendous amounts of flexibility to the employers in terms of hiring and firing,
dismissal for alleged misconduct and retrenchment for economic reasons will be completely possible for
all the industrial establishments employing less than 300 workers which is complete demolition of
employment security.
The new conditions for carrying out a legal strike elongate the legally permissible time frame before
the workers can go on a legal strike, making a legal strike near impossible.
It has expanded to cover all industrial establishments for the required notice period and other
conditions for a legal strike even though the Standing Committee on Labour had recommended
against it beyond the public utility services like water, electricity, natural gas, telephone and other
essential services, as is the case at present.
The mention of ‘other sources’ for funding the re-skilling fund is vague. The reskilling fund
is arbitrarily framed as the Code has no idea from where the funds for the same will come apart from
employers’ contributions.
These ambiguities are left to the rule-making processes and the bureaucrats and, further, there
are unclarities over who will reskill the workers and how adequate the funding will be.