The Industrial Employment (Standing Orders) Act, 1946 came into force on April 23, 1946 and extends to the whole of India. Though the Act applies to every industrial units/undertaking/establishments wherein 100 or more workers were employed on any day of the preceding 12 months, it empowers the appropriate Governments to extend the provisions of this Act to establishments employing less than 100 workers after giving not less than two months’ notice, of its intention to do so, in the official gazette. The Act, however, does not apply to workmen who are governed by the Fundamental and Supplementary Rules, Civil Service Temporary Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railways Establishments Code or any other rules or regulations that may be notified in this behalf by the appropriate Government.
Industrial Employment (Standing Orders) Act, 1946
There had been always the exploitation of workers in the Industrial organisation such as factories, engineering companies, mining companies etc. in terms of working conditions, rules and regulations governing the same, job descriptions of the workers etc., it was necessary to have a framework to protect the same. This Act makes it mandatory for employers in industrial establishments to define
with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them. It basically contains all the essence of modern HR handbook or employee handbook. It is applicable to any industrial establishment which has employee strength of 100 or more. (In Maharashtra, it is 50, for other state, please refer rule of your state). Once the employee strength reaches 100/ 50, it becomes applicable even if the number reduces. You have to make a standing order and need to get it certified from the assistant labour commissioner's office. If you do not have it, in that case, you may take the model certified standing orders from labour commissioner's office and use the same.
What is the content of standing orders
It contains following :
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
3. Shift working- type of shifts, timings etc.
4. Attendance and late coming- timing, policy governing the same
5. Conditions of, procedure in applying for, and the authority which may grant leave and holidays- including name of the authority granting leave, time needed to apply the same.
6. Requirement to enter premises by certain gates, an liability to search.
7. Closing and reporting of sections of the industrial establishment, temporary stoppages of work and the rights and liabilities of he employer and workmen arising there from.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.