My Presentation Industrial Employment

8/13/2019 My Presentation Industrial Employment

1/15

Industrial employment

(standing orders) act, 1946

T.SivapriyaM.Tech(HRD)


2/15

Introduction

The Industrial Employment(Standing Orders) Act,

1946 is the 1stcentral enactment with an object

to have uniform Standing Orders providing for

matters enumerated in the schedule to the Act.

The Standing Orders Act came to force from 23rd

April 1946. The object of the act is to prescribe

the conditions of employment precisely andmake them known to the workmen of industrial

establishment .


3/15

Need for Industrial Employment Act

In Order to avoid friction amongst the employers and

workmen employed in an industry.

To have a clear idea about the terms of employment of

Industrial Labor and also settlement of Labor problems.

The steps taken by the Central Government to enact

Industrial Employment (Standing Orders) Act, 1946 with a

view to afford protection to the workmen with regard to

conditions of employment.

To bring about uniformity in terms and conditions of

employment.

To minimize industrial conflicts


4/15

DefinitionStanding Orders

Standing Orders mean the rules of conduct forworkmen employed in industrial establishmentrelating to matters like attendance, leave,misconduct, etc., enumerated in the Schedule

appended to the Act.Model Standing Orders means the standing

orders prescribed by the Central Government or aState Government for the purpose of the Act to

serves as a model. They provide a pattern of therules of conduct relating to the various mattersspecified in the Schedule appended to the Act.


5/15

Model Standing Orders

Classification of the workmen : temporary, casual, apprentices

Manner of intimating to workmen periods and hours of work,holidays, pay-days and wage rates

Shift working

Attendance and late coming

Conditions of, procedure in applying for, and the authority whichmay grant leave and holidays

Requirements to enter premises by certain gates and liability tosearch

Closing and reopening of sections of the establishments, or

temporary stoppages Suspension or dismissal for misconduct and acts and omissions

which constitute misconduct


6/15

ApplicabilityoftheAct The Act is applicable to every industrial establishment. The Act extends to the whole of India It apply to every

establishment wherein 100 or more workmen are employed oremployed on any day preceding twelve months.

The appropriate Govt. can exempt any establishment from any ofthe provisions of the Act 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.

The Act is applicable to all workmen employed in any industrialestablishment to do any skilled or unskilled, manual, supervisory,

technical, clerical work. Even the apprentices are also included. Butthe persons employed mainly in amanagerial/administrative/supervisory capacity drawing wagesexceeding Rs.1600 are not covered.


7/15

ApplicabilityoftheActThe Government can, however, apply the

provisions of the Act to any industrialestablishment employing less than one

hundred persons.In the State of Maharashtra the Act applies to

every industrial establishment in which fifty ormore workmen are employed and also everyestablishment covered by the Bombay Shopsand Establishments Act, 1948.


8/15

Submission for certification of draft

Standing orders

The employer has to prepare a draft of thestanding orders which he proposes to adopt forhis industrial establishment.

The draft must make provision for everyapplication matter specified in the Scheduleappended to the Act.

It must be in conformity with the provisions of

the Act and, as far as is practicable, also inconformity with the prescribed Model StandingOrders if any.


9/15

Procedure for certification of standing

Orders

The employer has to submit the draft StandingOrders prepared by him to the Certifying Officerfor adoption in his industrial establishment,

which he has to do within six months from thedate on which the Act becomes applicable to hisindustrial establishment.

After receiving the draft Standing Orders the

Certifying Officer has to call and hear theemployer and the workmen concerned anddecide whether or not any change is necessary inthe draft to make it Certifiable under the Act.


10/15


Orders

On receipt of the draft standing order, thecertifying officer shall forward a copy to sent totrade union of the workmen functioning in the

establishment (If no such union exists, to threerepresentatives of workmen in the establishmentelected at a meeting called for the purpose).

A notice in the prescribed form will be given

inviting objections, if any, to the draft standingorders within fifteen days of receipt of theseorders .


11/15


Orders After giving to the parties an opportunity of being heard,

the certifying officer shall decide whether or not anymodification of the draft is necessary , and make an orderin writing accordingly.

In doing so, the certifying officer can adjudicate upon thefairness and reasonableness of the provisions in the drafts.

The certifying officer shall thereupon certify the standingorders with or without modifications and forward theauthenticated copies thereof to the employer and to thetrade union or other prescribed representatives of theworkmen within seven days from the date of his orders


12/15

Date of operation of standing

orders(appeal) An aggrieved party may appeal to the appellate authority within thirty

days from the date on which the copies of the standing orders were sentto it by the certifying officer.

The order of the authority shall be final.

Section 6(1) empowers the appellate authority to do only two things:

i. Confirm the standing orders in the form certified by the certifyingofficer

ii. Confirm the standing orders after amending them by making thenecessary modifications or additions.

The certified standing orders become enforceable on the expiry of 30 daysfrom the date on which the authenticated copies of the same are sent to

the parties by the certifying officer. If an appeal has been filed, it shall come into operation on the expiry of 7

days from the date on which copies of the order of the appellate authorityare sent to the parties.


13/15

Modification of Standing Orders

The standing orders finally certified under this Actshall not be liable to modification until the expiry of sixmonths from the date on which the standing orders orthe last modifications thereof came into operation.

Subject to the provisions of section10(1), an employeror workman may apply to the certifying officer to havethe standing orders modified.

Such an application shall be accompanied by fivecopies of the modifications proposed to be made by

agreement between the employer and the workmen, acertified copy of that agreement shall be filled alongwith the application


14/15

Penalties and procedures

The offences under the Act and the punishment for them are as under:-

If any employer does not submit draft Standing Orders as required ormakes any change in the Standing Orders without following the properprocedure, he would be punished with fine up to Rs. 5,000. If he continuesthe offence the fine would be Rs. 200 per day.

If any employer does any act in contravention of the certified StandingOrders, he would be punished with fine up to Rs 100. If he continues theoffence, the fine would be Rs. 25 per day.

In the State of Maharashtra the following additional provisions are there.(1) If any employer contravenes the provision of the Act or of the rulesmade there under, he would be punished with fine up to Rs. 100. If hecontinues the offence, the fine would be Rs. 25 per day.

(2) If any employer is already punished for any offence under the Act andif he again contrivances the provision of the Act or of the rules made thereunder, he would be punished with fine up to Rs. 200.


15/15

My Presentation Industrial Employment

Documents

Transcript of My Presentation Industrial Employment