Industrial Employment (Standing Orders) Act Flashcards
Applicability of the Industrial Employment (Standing Orders) Act ?
1) The Act applies to the industrial establishments (within India) with an engagement of more than a hundred workmen at present or as noted on any day in the preceding year unless provided by the appropriate Government for application to any such industrial establishment – with less than a hundred employees.
2) An industrial establishment as specified in section 2(i) of Payment of Wages Act.
3) Factory as explained in Factories Act
4) Railway Industry
5) Establishment of contractor who employs workers for fulfilling the contract with the owner of an industrial establishment under section 2(e).
6) Workman as specified under section 2(s) of Industrial Disputes Act. Under Section 2(i) workman covers skilled, unskilled, manual or clerical work.
what are Industrial establishment - exclusions ?
1) Workman does not include employees engaged in a managerial or administrative capacity or supervisory capacity
2) also it does not include workers subject to Army Act, Navy Act or Air Force Act or police or prison services.
What are the conditions for Certification of Standing Orders ?
It is mandatory for every employer covered under the Industrial Employment (Standing Orders) Act to get standing orders certified by submitting five draft copies of the standing orders to the certifying officer such as labour commissioner or a regional labour commissioner and also includes any other officer appointed to perform the functions of certifying officer.
What are the conditions required for Modification of Standing Order ?
Standing orders finally certified by the certifying officer is not liable to change, except by an agreement between the employer and workers to the contrary, until the expiry of six months from the date on which the standing orders or the last modification came into operation.
For which period Model Standing Orders applied ?
Model standing orders apply to an industrial establishment from the time the Industrial Employment (Standing Orders) Act (IESO Act) becomes applicable to such establishment till the time the standing orders of the establishment are finally certified.
How the appeals can be made for standing orders ?
Any related party aggrieved by the order of the Certifying Officer may appeal to the ‘appellate authority’ within 30 days, provided that its decision, of confirming such Standing Order or amending it, shall be final. The appellate authority shall thereafter send copies of the Standing Order, if amended, to the related parties within seven days.
Where any workman is known to be suspended at the investigation or inquiry into complaints or charges of misconduct against him, it is mandatory for the employer to pay to such workman subsistence allowance at the following rates:
- For the first 90 (ninety) days: at the rate of 50% (percentage fifty) of the wages which the workman was entitled to immediately preceding the date of such suspension.
- For 91 (ninety-one) to 180 (one hundred eighty) days: at the rate of 75% (percentage seventy-five) of such wages of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
If an employer defaults to submit draft standing orders or modifies his standing orders, then the concerned officer may impose a penalty which will be above______(five thousand), and in the case of a continuation of offence may impose a fine which will be above______(two hundred) for every day till the offence continues.
Rs 5,000 , Rs 200
