To which industry this rule is applicable?
This rule is applicable to the industry in which 100 or more workmen are employed or were employed on any day during the preceding 12 months.
What is Standing Order?
it defines the working conditions, condition of recruitment, disciplinary action,
discharge, holidays, leaves etc. go a long way towards minimising friction
between the management and workers in the industrial undertaking. So, before
joining the industry the worker has the right to know this standing order in
order to get an idea of what would be the overall ambience and perks of working
in that industry.
As per the Act, the standing Order also must include the
wages, shifts, terminations procedure etc. And the order will be certified
under the Act itself. The standing order must be in the English language or in
the language understood by the majority of workmen. It has to maintained near
to the entrance gate on the special board through which the majority of the
workmen could see it in a various department within the establishment.
The objective of the Standing Order:
1. To maintain the uniformity in the condition of service in respect of matters
enumerated in the Schedule to the Act, for the workmen working under different
employers in the industry and it is applicable to all workers irrespective of
their time of appointment.[1]
2. Once the working conditions are known to the workman, then the employer
cannot change them as per their whims and desire or to the prejudice of their
rights and interests.
3. It is an expressly written document, to which after going through the
workmen could decide to join or not to join the industry.
4. To maintain industrial peace and continued productivity.
5. If any ambiguity is present in the standing order, the certifying officer
can call the employer to know the real meaning of the order.
Who is considered to be a Certifying Officer?
Certifying Officer means Labour commissioner or regional labour commissioner
and include any other officer appointed by the appropriate Government by
notification in the official gazette, to perform the duty of certifying
officer.
Who is considered to be an Employer?
Employer means the owner of an industrial establishment, and it includes:
1. In a factory, any person named u/s 7 (1)(f) (manager of the factory) of the
Factories Act, as manager of the factory
2. Any person appointed by the owner, who is responsible for the management,
supervision and control of the Industry.
3. Any industry established by the central government, the authority appointed
by the government and if there is no authority appointed by the government,
then the head of the government department.
0 Comments