Professional Documents
Culture Documents
Session - 5&6: Industrial Employment (Standing Orders) Act, 1946
Session - 5&6: Industrial Employment (Standing Orders) Act, 1946
Session - 5&6: Industrial Employment (Standing Orders) Act, 1946
Session - 5&6
21 - 10 - 2021 1
Industrial Employment (Standing Orders)
Act,1946
21 - 10 - 2021 2
Conditions of service
21 - 10 - 2021 3
• “Conditions of Service” may be classified as salary or wages
including subsistence allowance, the periodical increments,
pay scale, leave, confirmation, promotion, seniority ,tenure or
termination of service, superannuation, deputation and
disciplinary proceedings.
21 - 10 - 2021 4
• Applies where 100 or more workmen are employed.(20 TN)
(300 workmen as per IR Code)
• Appropriate govt has powers to apply the Act to
establishments employing less than 100.
• Employer to get certification within 6 months from the date
on which the Act becomes applicable. (60 days)
• Existing Certified Standing Orders would continue.
• Option to follow Model Standing Orders .
21 - 10 - 2021 5
Model Standing Orders
21 - 10 - 2021 6
Model standing orders form a basis for framing a
draft standing orders for certification.
21 - 10 - 2021 7
Matters to be provided in the Standing Orders as per The
Schedule :-
• Classification of workmen
• Manner of intimating periods and hours of work, holidays,
pay- days and wage rates.
• Shift - working
• Attendance and late coming
21 - 10 - 2021 8
• Procedure for granting leave and holidays
• Entry and search
• Closing and reopening of sections and temporary stoppage
of work and the rights and responsibilities of the employer
and workmen.
• Termination of employment, and the notice thereof to be
given by employer and workmen
21 - 10 - 2021 9
• Suspension or dismissal for misconduct, and acts or
omissions which constitute misconduct.
• Means of redress for workmen against unfair treatment or
wrongful exactions by the employer or his representatives.
• Punishment for misconduct
• Retirement
• Issue of departmental cards to workmen.
21 - 10 - 2021 10
• Certifying officer : Labour commissioner or a Regional Labour
Commissioner and includes any other officer appointed by the
appropriate government.
21 - 10 - 2021 11
Section 3 : submission of draft standing orders :
21 - 10 - 2021 12
Section 4: Conditions for certification of standing orders.
21 - 10 - 2021 13
• Section 5 : Certification of standing orders.
21 - 10 - 2021 14
• Additions and modifications, if required, will be made by the
certifying officer and the certified standing orders will be
issued to the parties within 7 days after the close of the
hearing.
21 - 10 - 2021 15
Section 6 - Appeals :
21 - 10 - 2021 16
Legal force
21 - 10 - 2021 17
Section 7 : Date of operation of standing Orders :
21 - 10 - 2021 18
Section 9 : Posting of standing orders :
21 - 10 - 2021 19
Section 10: Duration and modification of S.O.
21 - 10 - 2021 20
Section 10A: Payment of subsistence allowance
21 - 10 - 2021 21
• In the case of delay on the part of the accused, subsistence be
restricted to 50 % of the wages.
• If the management proves that the suspended employee is
employed elsewhere , the subsistence allowance need not be
paid.
21 - 10 - 2021 22
Section 13 A : Interpretation of standing orders
21 - 10 - 2021 23