standing orders

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Definition of Standing Orders Importance Useful in terms of Scope and Application Submission of Draft Standing Orders Certification of Standing Orders Penalty BY SUVIDHA KUDTARKAR

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Page 1: Standing orders

Definition of Standing OrdersImportance

Useful in terms of Scope and Application

Submission of Draft Standing Orders Certification of Standing Orders

Penalty

BY SUVIDHA KUDTARKAR

Page 2: Standing orders

Important DefinitionsThe term ‘Standing Orders’ means rules relating

to matters set out in the Schedule of the Act.

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

Page 3: Standing orders

ImportanceNo 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

Page 4: Standing orders

Its Useful in below termsTo require employers to define the conditions of

work Helps to bring about uniformity in terms and

conditions of employmentHelps to minimize industrial conflictsHelps to foster harmonious relations between

employers and employees.Helps in providing statutory sanctity and

importance to standing orders

Page 5: Standing orders

Scope and ApplicationExtends to the whole of IndiaTo every establishment wherein 100 or more

workmen are employedOn any day preceding twelve monthsOnce 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

Page 6: Standing orders

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.

Page 7: Standing orders

ScheduleMatters to be contained in the Standing OrdersClassification of the workmen : temporary, casual,

apprenticesManner of intimating to workmenShift workingAttendance and late comingConditions of, procedure in applying for, and the

authority which may grant leave and holidaysRequirements to enter premises by certain gates and

liability to searchClosing and reopening of sections of the

establishments, temporary stoppages Suspension or dismissal for misconduct Acts and omissions which constitute misconduct

Page 8: Standing orders

Submission of Draft Standing Orders

Obligatory on the part of an employer or a group of employers to furnish 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 officerDraft has to enclose the prescribed particulars

of the workmenThe status and name of the trade unions to be

given.It has to take all matters set out in the Schedule.

Page 9: Standing orders

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

CertificationCertified 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

Page 10: Standing orders

Payment of Subsistence allowancePayment 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

Page 11: Standing orders

PenaltyAny 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 .

Page 12: Standing orders