the industrial employment (standing orders) act 1946

The industrial employment (standing orders) Act 1946

statistics

• Year of enforcement 1946

• Date of enforcement 23rd april

objectives

• To define conditions of employment under them and to make known the said conditions to workmen

definitions

• Standing orders the rules of conduct for workmen employed in industrial

establishments, relating to matters such as1. Classification of workmen2. Working hours3. Holidays4. Attendance5. Leave6. Termination of employment7. Suspension8. Dismissal9. Misconduct

Definition

• Model standing orders the draft prescribed by the central and

state government to serve as an exemplary pattern of the rules of conduct based on which the industrial establishments can draft their own standing orders and get them certified by the certifying officers appointed for this purpose.

applicability

• The act is applicable to the whole of India and extends to all industrial establishments wherein the number of workmen employed is 100 or more on any day of the preceding 12 months.

Power to make rules

• Both the central and state governemnt are the appropriate authorities responsible for the administration of the act, they’l appoint

1. Certifying officer for this purpose

Employees covered under this Act

• Every person employed in an industrial establishment to do any

• Manual

• Clerical

• Skilled

• Unskilled work

Is covered under this act

The act does not apply to

• Persons subject to

• Army

• Navy

• Air force

• Police service

• Employee of prison

Contents of standing orders• Date on which the standing oeders shall come into force• Classification of workmen as permanent probationers temporary casual apprentice and their service record• Issue of token• working hours of the establishments• Holidays and pay days• Prevailing wage rates in the establishments• Shift timings and notice of changes of shift timings• Attendance record and late coming

Contents of standing orders

• Leave provisions• Absence from place of work• Provisions of payment of wages• Termination of employees• Disciplinary actions for misconduct• Grievance redressal procedures• Provisions of fringe benefits• Free copy of standing orders to all the

employees

Obligation of employer

• The employer must submit to the certifying officer, 5 copies of the standing orders which he propose to adopt

• Employer must do so within 6 months from the date the act becomes applicable to the establishments.

• Employer must not modify the standing orders without the approval of the certifying officer.

• Employer must display the approved standing orders in a prominent place in the establishments

Obligation of employee

• The must follow the rules laid down in the certified standing orders

Appeals

• Any workmen not satisfied with the certified standing orders, they may go for appeals,

Major offences and penalties

• Contravention of any of the provisions of the certified standing orders is Punishable with a fine of upto Rs.100 Further continuance of the offence additional fine of Rs.25 per day

• Failure to submit the draft orders or modifying the standing orders without prior approval

• Fine Upto Rs.5000• And Rs.200 (per day) for continuance of the

offence