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Standing Order Act

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105 views13 pages

Standing Order Act

Uploaded by

PRITEE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Industrial Employment (Standing Order)Act ,

1946

DR. RAJEN MEHROTRA


Immediate Past President, Industrial Relations Institute of India
Former Sr. Employers’ Specialist For South Asia Region with
ILO
&
Former Corporate Head of HR with ACC Ltd. and Former
Corporate Head of Manuf. and HR with Novartis India Ltd.
E-Mail:[email protected]
APPLICABILITY

• Applicable to whole of India

• Applies to Industrial Establishments Employing 100 or more


workmen
• Applies to all Industrial Establishments Employing 100 or more
workmen under the control of Central Government
• Establishments can have their own Certified Standing Orders
otherwise the Model Standing Orders apply
Matters Covered Under The Act

1. Classification of Workmen –Permanent , Temporary . Apprentices ,


Badlis , Fixed Term Employment .
2. Manner of Intimidating to workmen periods and hours of work,
holidays , payday and wage rates
3. Shift Working
4. Attendance and late coming
5. Conditions of, procedure in applying for and authority which grants
leave
6. Requirements to enter premises by certain gates ,and liability to
search
7. Closing and reopening of sections of the establishment
8. Termination of employment and the notice thereof to be given.
Matters Covered Under The Act

9. Suspension or dismissal for misconduct, and acts or omissions


which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful
exaction by the employer or his agents or servants
10-A. Age for retirement or superannuation.
10-B. Medical examination (including bearing expenses thereof)
10-C. Employment or re-employment for probationers or badlis or
temporary or casual workmen, and their conditions of service
11. Any other matter that may be prescribed
Section 24 - Acts That Amount to
Misconduct
a) Willful insubordination or disobedience, whether or not in
combination with another, or any lawful and reasonable order of a
superior;
b) Going on an illegal strike or abetting, inciting, instigating or acting in
furtherance thereof;
c) Willful slowing down in performance of work, or abetment or
instigating thereof;
d) Theft, fraud or dishonesty in connection with the employer s’
business or property or the theft or property of another workman
within the premises of the establishment;
e) Taking or giving bribes or any illegal gratification;
f) Habitual absence without leave , or absence without leave for more
then ten consecutive days or overstaying the sanctioned leave
without sufficient grounds or proper or satisfactory explanation;
Section 24 - Acts That Amount to
Misconduct
g) Late attendance on not less than four occasions within a month;
h) Habitual breach of any Standing Order or any law applicable to the
establishment or any rules made there under;
i) Collection without the permission of the Manager of any money within
the premises of the establishment;
j) Engaging in trade within the premises of the establishment;
k) Drunkenness , riotous ,disorderly or indecent behaviour on the
premises of the establishment ;
l) Commission of any act subversive of discipline or good behaviour on
the premises of the establishment;
m) Habitual neglect of work or gross or habitual negligence;
n) Habitual breach of any rules or instructions for the maintenance and
running of any department , or the maintenance of cleanliness of any
portion of the establishment ;
Section 24 - Acts That Amount to
Misconduct
o) Habitual commission of any act or omission for which a fine may be
imposed under the Payment of Wages Act, 1936;
p) Canvassing for union membership or the collection of union dues
within the premises of the establishment except with permission of
the Manager;
q) Willful damage to work in process or to any property of the
establishment;
r) Holding meeting inside the premises of the establishment without
the previous permission of the Manager or except in accordance
with the provisions of any law for the time being in force;
s) Disclosing to any unauthorized person any information in regard to
the processes of the establishment which may come into the
possession of the workmen in the course of his work.
Section 24 - Acts That Amount to
Misconduct
t) Gambling within the premises of the establishment ;
u) Smoking or spitting on the premises of the establishment where it is
prohibited;
v) Failure to observe safety instructions notified by the employer or
interference with any safety devices or equipment installed within the
establishment ;
w) Distributing or exhibiting within the premises of the establishment hand-
bills, pamphlets, posters, and such other things or causing to be
displayed by means of signs or writing or other or other visible
representation on any matter without permission of the Manager;
x) Refusal to accept a charge-sheet , order or other communication served
in accordance with these Standing Orders;
y) Unauthorized possession of any lethal weapon in the establishment;
z) Sexual harassment which includes unwelcome sexual detrimental
behaviour;
Misconduct s

 Relating to Duty – Example (a) Refusing to carry out orders (b)


exhibiting pamphlets / advertisement slides
 Implied Duties -- Example (a) Being trustworthy (b) Act in a manner
to justify employer confidence
 Non Performance of Work– Performance of implied duties incidental
to contract of employment – Example (a) Coming on time (b) Being
decently dressed (c) Wearing company provided uniform(d) Using
safety equipment (PPE)
• Negligence of Duty – Example (a) Not doing anything (b) Loitering
(c) Loafing (d) Idling (e) Gossiping (f) Sleeping While on Duty.
• Leave – Example unauthorized
• Late Attendance – Example (a) Punctuality in employment is an
implied condition of service
Misconducts

 Strikes Have to be legal & Justified otherwise it is a misconduct.


Role of Workmen in Strike – Active or Passive?
 Go slow – Work to rule
 Gherao
 Insubordination or Disobedience.
Managing Indiscipline
• Promoting Positive • Controlling
Discipline Indiscipline

 Exemplary Behaviour  Enforcement capabilities

 Reforming Behaviour  Punishment/Deterrence

 Reinforcing Good  Repellent


Behaviour
 Incentives  Disincentives
Principles of Natural Justice

1. Audi Alteram Partem- Hear the other party.

2. Nemo Debet Essex Judex In Propia Sua Causa - Let no


man sit in judgment in his own cause.

3. Consider Gravity of the Misconduct

4. Consider Extenuating (Mitigating Circumstances)

5. Punishment should not be disproportionate to the


Crime
Procedure for Disciplinary Action

1. Preliminary Enquiry – “Show Cause Notice”

2. Charge Sheet

3. Domestic Enquiry

4. Ex- Parte Enquiry

5. Findings of the Enquiry

6. Punishment

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