Industrial Employment (Standing Orders)

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By: medhanair (23 month(s) ago)

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Industrial Employment (Standing Orders) Act 1946 : 

Industrial Employment (Standing Orders) Act 1946 By Dawal Malik

Introduction to topic : 

Introduction to topic Objectives of the Act standing orders Scope & Application of the Act Matters to be provided in standing orders Procedure for certification of standing order

Objectives of the Act : 

Objectives of the Act To ensure that the terms and conditions of the employment are known to the employee and thus to minimize exploitation of the workers. To have uniform standing orders in respect to workers, factories, and working relationship To promote industrial peace and harmony by promoting fair industrial practices.

standing orders : 

standing orders Conditions of employment--- Conditions of recruitment, discharge, disciplinary actions, holydays, etc. To avoid disputes & vagueness in terms of employment. The rules made in this regard are known as “STANDING ORDERS”.

Scope & Application of the Act : 

Scope & Application of the Act Applicable--- -Whole India [sec.1(2)] -Workers more or equal to 100 [sec.3(1)] Not Applicable--- -Provision chapter VII

Definitions : 

Definitions Appellate Authority [sec.2(a)] Authority appointed by appropriate govt regarding to any appeal. Appropriate Govt [sec.2(b)] -central govt, Railway administration, Mine or Oilfield, Major port -State govt

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certifying officer [sec. 2(c) ] A labour commissioner or a regional labour commissioner and includes other officer appointed to perform the functions of a certifying officer. Employer [sec.2(d)] -Manager of the factory [sec.7(1)] - Head of the dept -owner

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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. [sec.2(e)]. Standing order [sec.2(g)] rules relating to matters set out in the schedule to the act.

Matters to be provided in standing orders secs 2(g) and 3(2) : 

Matters to be provided in standing orders secs 2(g) and 3(2) Classification of workers Manner of intimating hour of work, holydays, pay days & wage rates. Shift working Attendance & late coming Conditions of, procedure in applying leave & holydays

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Termination of employment. Suspension or dismissal etc. Transfers, Vacancies, Confirmation, retirement, etc.

Procedure for certification of standing order : 

Procedure for certification of standing order 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)].

Procedure for certification of standing order : 

Procedure for certification of standing order 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].

Procedure for certification of standing order : 

Procedure for certification of standing order 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].

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Thank you