The Industrial Employment

(Standing Orders) Act, 1946

An Act to require employers in industrial
establishments formally to define conditions of
employment under them .

Object of the Act
To obligate the employers to define the conditions of
work & convey it to the employees
To bring about uniformity in terms and conditions of
employment
To minimize industrial conflicts & exploitation of the
workers
To foster harmonious relations between employers
and employees.
Promote fair industrial practices

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
Continuous..
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.
Schedule
Matters to be contained in the Standing Orders
Classification of the workmen : temporary, casual, apprentices
Hours of work, holidays, Pay-days and wage rates
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
Suspension or dismissal for misconduct
Acts and omissions which constitute misconduct

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.
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
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
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 day.
Any contravention of Standing Orders is
punishable by Rs. 100 fine .

CASE STUDY

CASE STUDY