I studied various articles/content available online on Standing Orders but could not get clarity on the definition of workmen. Could any of you guide me who is qualified as a workman when drafting Standing Orders for an organization. I am asking this question in relevance to IT/ITES industry. Request your suggestions please.
From India, Attapur
From India, Attapur
Dear Manisha,
As per clause (i) of section 2 of the IE(SO) Act, 1946, the term "workman" has the meaning assigned under section 2(s) of the ID Act, 1947. Better, you could have explained your difficulty in understanding the meaning of the term in relevance to the IT/ITES industry.
From India, Salem
As per clause (i) of section 2 of the IE(SO) Act, 1946, the term "workman" has the meaning assigned under section 2(s) of the ID Act, 1947. Better, you could have explained your difficulty in understanding the meaning of the term in relevance to the IT/ITES industry.
From India, Salem
Manish Ji,
Regarding Standing Orders, their content and sections may vary from state to state rules, but the punishment for severe acts shall be the same. You may read about these in the ID Act of 1948, which may help you.
Regards,
Dhiraj
From India, Bhadohi
Regarding Standing Orders, their content and sections may vary from state to state rules, but the punishment for severe acts shall be the same. You may read about these in the ID Act of 1948, which may help you.
Regards,
Dhiraj
From India, Bhadohi
Dear Manisha,
As Shri Umakantji has mentioned, perhaps you want to understand who all will fall in the definition of a workman for your industry. The definition of a workman under the ID Act has provided certain tests/attributes, both inclusive and exclusive. Inclusion is about the type of work/activity, i.e., manual, skilled, unskilled, clerical, technical, or operational work. It includes a person who predominantly carries out administrative or managerial work and the person who is in a supervisory capacity and draws wages more than Rs. 10,000.
So, the test is as follows:
1) Do they carry out any one of the inclusion jobs? If yes, put them into the second filter.
2) Do they carry out an administrative or managerial role predominantly? If yes, they are not a workman. If no, he is a workman.
3) For a person purely in a supervisor's role, his wages will be the decisive factor.
Regards,
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
As Shri Umakantji has mentioned, perhaps you want to understand who all will fall in the definition of a workman for your industry. The definition of a workman under the ID Act has provided certain tests/attributes, both inclusive and exclusive. Inclusion is about the type of work/activity, i.e., manual, skilled, unskilled, clerical, technical, or operational work. It includes a person who predominantly carries out administrative or managerial work and the person who is in a supervisory capacity and draws wages more than Rs. 10,000.
So, the test is as follows:
1) Do they carry out any one of the inclusion jobs? If yes, put them into the second filter.
2) Do they carry out an administrative or managerial role predominantly? If yes, they are not a workman. If no, he is a workman.
3) For a person purely in a supervisor's role, his wages will be the decisive factor.
Regards,
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
Manisha,
In India, IT/ITES has not yet been declared either as an "industry" or a "factory" though it's understood some sort of 'production' activity is being carried out. Till such time govt. comes out with an exclusive act to govern these entities this business is classified under 'Shops & Commercial Estt.Act' of the respective states. Therefore it should be appropriate to refer to SCEAct for all purposes. However, w.r.t. to your query on Standing Orders, the definition of a 'workman' under SO Act is here under -
Industrial Employment (Standing Orders)Act, 1946
[Act No. 20 of 1946, As Amended by Acts Nos. 3 of 1951, 36 of 1956,16 of 1961, 39 or 19632 , 51 of 1970 and 18 of 1982 [23rd April, 1946].
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or
context[(a) “appellate authority” means....
xxxxxx
(d) “employer” means the owner of an industrial establishment to which this Act for
the time being applies, and includes-
(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section
7 of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for
the supervision and control of the industrial establishment;
(e) “industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the
Payment of Wages Act, 1936, or
15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act,
1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishment, employs workmen;
(f) “prescribed’ means prescribed by rules made by the appropriate Government
under this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
16[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
From India, Bangalore
In India, IT/ITES has not yet been declared either as an "industry" or a "factory" though it's understood some sort of 'production' activity is being carried out. Till such time govt. comes out with an exclusive act to govern these entities this business is classified under 'Shops & Commercial Estt.Act' of the respective states. Therefore it should be appropriate to refer to SCEAct for all purposes. However, w.r.t. to your query on Standing Orders, the definition of a 'workman' under SO Act is here under -
Industrial Employment (Standing Orders)Act, 1946
[Act No. 20 of 1946, As Amended by Acts Nos. 3 of 1951, 36 of 1956,16 of 1961, 39 or 19632 , 51 of 1970 and 18 of 1982 [23rd April, 1946].
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or
context[(a) “appellate authority” means....
xxxxxx
(d) “employer” means the owner of an industrial establishment to which this Act for
the time being applies, and includes-
(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section
7 of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for
the supervision and control of the industrial establishment;
(e) “industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the
Payment of Wages Act, 1936, or
15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act,
1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishment, employs workmen;
(f) “prescribed’ means prescribed by rules made by the appropriate Government
under this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
16[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
From India, Bangalore
Thank you very much, all, for your inputs. These are very helpful. In terms of IT/ITES specifically, I want to understand if the managers/team leaders/team managers are also workmen. Also, a Vice President reporting to the CEO, is he also a workman as I understand wherever there is a supervisor-subordinate relationship, this should be considered as workman. Also, if the employees working in HR and other supportive functions like Finance, Facilities, Admin also regarded as workmen? If you can please guide me in the context of IT/ITES, that will be of great help as I see predominantly the labor laws relevant to the manufacturing setup.
Thank you.
Warm Regards,
Manisha
From India, Attapur
Thank you.
Warm Regards,
Manisha
From India, Attapur
Dear Manisha,
In fact, your doubt is genuine, and such a doubt crossing one's mind is inevitable to be sure about the authenticity of the term "workman" for the purpose of standing orders as the same person has to be a "workman" as defined u/s 2(s) of the Industrial Disputes Act, 1947, and a "person employed" as defined almost in all the State Shops and Establishments Acts as well. Similar is the case of a "worker" as defined u/s 2(l) of the Factories Act, 1948. The practical meaning of the term varies according to the purpose or object of the legislation in which it occurs.
Unambiguous and precise description of the uniform conditions of service of the employees falling under the workman category by the industrial employer in consultation with them and getting it certified by the officer appointed for the purpose is the objective of the IE(SO) Act, 1946. Hence, the IE(SO) Act, 1946, simply adopts the definition of the term workman u/s 2(s) of the ID Act 1947 by reference. As of now, certainly the definition is different from that of the Shops and Establishments Acts in as much as the latter insists on the principal and wholesome nature of employment of the person employed therein but for those specifically excluded.
However, it is pertinent to note that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016, by the Central Government removes this hurdle of interpretation by keeping the definition of the term "worker" u/s 2(j) simply analogous to that of the ID Act while putting the exempted persons exhaustively u/s 3(1) of the Bill.
Therefore, the persons employed in your IT/ITES industry in the gray areas of hierarchy automatically go out of the ambit of the term workman used in the Standing Orders Act, 1946.
From India, Salem
In fact, your doubt is genuine, and such a doubt crossing one's mind is inevitable to be sure about the authenticity of the term "workman" for the purpose of standing orders as the same person has to be a "workman" as defined u/s 2(s) of the Industrial Disputes Act, 1947, and a "person employed" as defined almost in all the State Shops and Establishments Acts as well. Similar is the case of a "worker" as defined u/s 2(l) of the Factories Act, 1948. The practical meaning of the term varies according to the purpose or object of the legislation in which it occurs.
Unambiguous and precise description of the uniform conditions of service of the employees falling under the workman category by the industrial employer in consultation with them and getting it certified by the officer appointed for the purpose is the objective of the IE(SO) Act, 1946. Hence, the IE(SO) Act, 1946, simply adopts the definition of the term workman u/s 2(s) of the ID Act 1947 by reference. As of now, certainly the definition is different from that of the Shops and Establishments Acts in as much as the latter insists on the principal and wholesome nature of employment of the person employed therein but for those specifically excluded.
However, it is pertinent to note that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016, by the Central Government removes this hurdle of interpretation by keeping the definition of the term "worker" u/s 2(j) simply analogous to that of the ID Act while putting the exempted persons exhaustively u/s 3(1) of the Bill.
Therefore, the persons employed in your IT/ITES industry in the gray areas of hierarchy automatically go out of the ambit of the term workman used in the Standing Orders Act, 1946.
From India, Salem
CiteHR.AI
(Fact Checked)-The information provided in the user reply is accurate and provides a detailed explanation of the term "workman" in the context of standing orders and relevant acts such as the Industrial Disputes Act, 1947, Factories Act, 1948, and Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016. The explanation aligns with the legal definitions and requirements for drafting standing orders. (1 Acknowledge point)
This my post based squarely on the Shops & Commercial Estt.Act of any state which are with some modifications to be applied to IT/ITES sector in the respective state (till such time something else is made applicable to this sector)- The following extract gives therefore, the definition of an Establishment, Employer & Employee which encompasses all involved (subject to exemptions) in any estt.,
"THE 1 [KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961.
An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments.
WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:— 1. Adopted by the Karnataka adaptations of laws order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY 1. Short title, extent, commencement and application.— (1)
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year; (b) “apprentice” means a person aged not less than 1 [fourteen years]1 ,
xxxx
(e) “commercial establishment” means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;
xxxx
(g) “employee” means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly;
(h) “employer” means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
(i) “establishment” means a shop or a commercial establishment;
(u) “shop” means any premises where any trade or business is carried
on or where services are rendered to customers, and includes offices,
storerooms, godowns, or warehouses, whether in the same premises or
otherwise, used in connection with such trade or business, but does not
include a commercial establishment or a shop attached to a factory where
the persons employed in the shop fall within the scope of the Factories Act,
1948;
xxxx
Going by the above definitions and other provisions of the Act(s), I feel many of the provisions of SO of units wherever the act is applicable can be taken care of the S&CE Act itself and there won't any compulsion on the part of estts. covered under this Act to tag either SO Act of ID Act which suo-moto are not applicable to IT/ITES sector.
From India, Bangalore
"THE 1 [KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961.
An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments.
WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:— 1. Adopted by the Karnataka adaptations of laws order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY 1. Short title, extent, commencement and application.— (1)
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year; (b) “apprentice” means a person aged not less than 1 [fourteen years]1 ,
xxxx
(e) “commercial establishment” means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;
xxxx
(g) “employee” means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly;
(h) “employer” means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
(i) “establishment” means a shop or a commercial establishment;
(u) “shop” means any premises where any trade or business is carried
on or where services are rendered to customers, and includes offices,
storerooms, godowns, or warehouses, whether in the same premises or
otherwise, used in connection with such trade or business, but does not
include a commercial establishment or a shop attached to a factory where
the persons employed in the shop fall within the scope of the Factories Act,
1948;
xxxx
Going by the above definitions and other provisions of the Act(s), I feel many of the provisions of SO of units wherever the act is applicable can be taken care of the S&CE Act itself and there won't any compulsion on the part of estts. covered under this Act to tag either SO Act of ID Act which suo-moto are not applicable to IT/ITES sector.
From India, Bangalore
Thank you very much for the advice and the references provided. These are indeed helpful. Warm Regards, Manisha
From India, Attapur
From India, Attapur
Hi Manisha, I guess, your place Attapur is near Hyderabad and hence AP Shops & Commercial Estt.Act likely to be applicable. A copy of the same is attached for your ready ref.
From India, Bangalore
From India, Bangalore
Thank you very much for sharing this. I was, in fact, looking for it, and you shared it. I am so glad to be a part of this HR community where beginners like me in Statutory Compliance get such guidance and advice so that we can implement best practices at our workplaces and ensure compliance.
From India, Attapur
From India, Attapur
Would you have the Karnataka S&E Act as well please. Else, could you please guide me the source for such information? Thank You. Regards, Manisha
From India, Attapur
From India, Attapur
I wasn't sure if Attapur is in Telangana or Andhra. Nevertheless, both may be similar as Telangana's Acts are modeled on AP Acts.
Here are the Telangana & Karnataka Acts as well:
[link] https://labour.telangana.gov.in/content/links/TELANGANA%20SHOPS%20AND%20ESTABLISHMENTS%20ACT,%20 1988.htm [link]
[link] https://labour.telangana.gov.in/content/ActsRules/TELANGANASHOPSANDESTABLISHMENTSACT1988.htm [link]
The Telangana Shops and Establishments Act, 1988. The Andhra Pradesh Shops and Establishments Act, 1966 was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments and for matters connected therewith.
[link] http://dpal.kar.nic.in/8%20of%201962%20(E).pdf [link]
And I'm not manufacturing anything on my own; everything is available on the web sources. What is required is a few minutes and the will to search and find, that's all that's needed. You can use the Search Box on this page at the top as well. Do it yourself.
From India, Bangalore
Here are the Telangana & Karnataka Acts as well:
[link] https://labour.telangana.gov.in/content/links/TELANGANA%20SHOPS%20AND%20ESTABLISHMENTS%20ACT,%20 1988.htm [link]
[link] https://labour.telangana.gov.in/content/ActsRules/TELANGANASHOPSANDESTABLISHMENTSACT1988.htm [link]
The Telangana Shops and Establishments Act, 1988. The Andhra Pradesh Shops and Establishments Act, 1966 was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments and for matters connected therewith.
[link] http://dpal.kar.nic.in/8%20of%201962%20(E).pdf [link]
And I'm not manufacturing anything on my own; everything is available on the web sources. What is required is a few minutes and the will to search and find, that's all that's needed. You can use the Search Box on this page at the top as well. Do it yourself.
From India, Bangalore
Dear Kumar Sir,
I had sent you a message regarding sharing your email address. There are several issues related to notifications concerning the Appropriate Government that need to be discussed. Please respond with your email id.
Regards,
From India, Andheri
I had sent you a message regarding sharing your email address. There are several issues related to notifications concerning the Appropriate Government that need to be discussed. Please respond with your email id.
Regards,
From India, Andheri
You may contact me at - consultHRkumar@gmail.com pleasure to interact with you. All the best
From India, Bangalore
From India, Bangalore
Dear Umakanthan Sir,
It is noted that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 by the Central Government removes the hurdle of interpretation by defining the term "worker" under section 2(j) in a manner analogous to that of the ID Act, while also exhaustively listing the exempted persons under section 3(1) of the Bill.
The said bill has been passed by both Houses of Parliament, which may be of academic interest to certain communities.
Kindly revert.
Regards,
From India, Mumbai
It is noted that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 by the Central Government removes the hurdle of interpretation by defining the term "worker" under section 2(j) in a manner analogous to that of the ID Act, while also exhaustively listing the exempted persons under section 3(1) of the Bill.
The said bill has been passed by both Houses of Parliament, which may be of academic interest to certain communities.
Kindly revert.
Regards,
From India, Mumbai
Hi all, for your ref. Automatic renewal of Regn.under Shops & Estt.Act., Karnataka issues notification for procedures in this reg. Pl.see attached.
From India, Bangalore
From India, Bangalore
Here is an Update - Karnataka Shops & Estt. can remain open 24 x 7- see the notification attached.
From India, Bangalore
From India, Bangalore
Dear all,
Karnataka government notifies online renewal procedure under the Shops & Commercial Estt Act, CLRA, Factories Act, etc. Implementation of Auto-Renewal System under Ease of Doing Business in Karnataka
The Government of Karnataka, vide order no. LD 241 LET 2020, in order to enhance the Ease of Doing Business in the State, has ordered that henceforth, renewal procedures for Certificates/Registration/Licenses for establishments shall be in an auto-renewal system upon prescribed online payment of fees under the following acts:
1. Registration under the Shops and Commercial Establishments Act, 1961
2. License under the Contract Labour (Regulation and Abolition) Act, 1970
3. License under the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979
4. License under the Factories Act, 1948.
For further details, please see the attachment.
From India, Bangalore
Karnataka government notifies online renewal procedure under the Shops & Commercial Estt Act, CLRA, Factories Act, etc. Implementation of Auto-Renewal System under Ease of Doing Business in Karnataka
The Government of Karnataka, vide order no. LD 241 LET 2020, in order to enhance the Ease of Doing Business in the State, has ordered that henceforth, renewal procedures for Certificates/Registration/Licenses for establishments shall be in an auto-renewal system upon prescribed online payment of fees under the following acts:
1. Registration under the Shops and Commercial Establishments Act, 1961
2. License under the Contract Labour (Regulation and Abolition) Act, 1970
3. License under the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979
4. License under the Factories Act, 1948.
For further details, please see the attachment.
From India, Bangalore
Manisha,
It is not only the clause of "workman", there are many other points which have to be kept in mind while drafting standing orders, like transfer, abandonment, termination, etc. All these clauses should be drafted in consonance with applicable Labour Laws. It will be better for your organization if you get the standing orders drafted by an expert.
However, the workman will be those employees who fall under the definition of "workman" u/s 2(s) of the Industrial Disputes Act, 1947, irrespective of their designation.
From India, Faridabad
It is not only the clause of "workman", there are many other points which have to be kept in mind while drafting standing orders, like transfer, abandonment, termination, etc. All these clauses should be drafted in consonance with applicable Labour Laws. It will be better for your organization if you get the standing orders drafted by an expert.
However, the workman will be those employees who fall under the definition of "workman" u/s 2(s) of the Industrial Disputes Act, 1947, irrespective of their designation.
From India, Faridabad
Hi Manisha,
Before you complete the drafting of your SO, I would suggest you refer to the latest Labour Codes already published (check gazette notifications already shared in citeHR pages or some other relevant links) by the Government of India. As you know, with the impending implementation expected around December 2020, you may have to amend your clauses in consonance with these Labour codes as well. You should also consider these codes wherever applicable so that you can complete the drafting in one go.
From India, Bangalore
Before you complete the drafting of your SO, I would suggest you refer to the latest Labour Codes already published (check gazette notifications already shared in citeHR pages or some other relevant links) by the Government of India. As you know, with the impending implementation expected around December 2020, you may have to amend your clauses in consonance with these Labour codes as well. You should also consider these codes wherever applicable so that you can complete the drafting in one go.
From India, Bangalore
The Karnataka Shops And Commercial Establishments (Amendment) Act, 2020
The Government of Karnataka vide notification No.40 Of 2020 has amended provision under Section 25 of The Karnataka Shops and Commercial Establishments Act, 1961 towards the regulation of employment of women at night. As per the Amendment, the conditions for the regulation of employment of women during the night in a shop or commercial establishment shall be as follows::-
(a) The regulation stipulated under sections 7 (Daily and weekly hours), 8 (Extra wages for overtime work), 9 (Interval for rest), 10 (Spread over) and 12 (Weekly Holidays) of the Act shall continue to apply to the women employee working during night shift
(b) Willingness of women employees shall be obtained in writing
(c) The establishment shall provide transport facilities from the residence of the woman employee to the workplace and back free of cost and with adequate security. Such transport facility shall have GPS for tracking and monitoring
(d) Employment of women employee shall be on a rotation basis
(e) An adequate number of security guards shall be posted during the night shift
(f) Sufficient restrooms, electricity, latrines lockers, dispensary facility and washing facilities with adequate water supply shall be provided separately for women employees so as to secure privacy
(g) The establishment shall bear the cost of crèche obtained by the women employees from voluntary or other organisations
(h) The establishment shall obtain Bio-data of each driver and conduct pre-employment screening of the antecedents of all drivers employed on their own.
As regards the driver employed through outsourcing, the company shall ensure to its satisfaction that the collection of Bio-data and conduct pre-employment screening of the antecedents of the drivers is carried out by the service provider. Please refer to the notification attached for more details.
From India, Bangalore
The Government of Karnataka vide notification No.40 Of 2020 has amended provision under Section 25 of The Karnataka Shops and Commercial Establishments Act, 1961 towards the regulation of employment of women at night. As per the Amendment, the conditions for the regulation of employment of women during the night in a shop or commercial establishment shall be as follows::-
(a) The regulation stipulated under sections 7 (Daily and weekly hours), 8 (Extra wages for overtime work), 9 (Interval for rest), 10 (Spread over) and 12 (Weekly Holidays) of the Act shall continue to apply to the women employee working during night shift
(b) Willingness of women employees shall be obtained in writing
(c) The establishment shall provide transport facilities from the residence of the woman employee to the workplace and back free of cost and with adequate security. Such transport facility shall have GPS for tracking and monitoring
(d) Employment of women employee shall be on a rotation basis
(e) An adequate number of security guards shall be posted during the night shift
(f) Sufficient restrooms, electricity, latrines lockers, dispensary facility and washing facilities with adequate water supply shall be provided separately for women employees so as to secure privacy
(g) The establishment shall bear the cost of crèche obtained by the women employees from voluntary or other organisations
(h) The establishment shall obtain Bio-data of each driver and conduct pre-employment screening of the antecedents of all drivers employed on their own.
As regards the driver employed through outsourcing, the company shall ensure to its satisfaction that the collection of Bio-data and conduct pre-employment screening of the antecedents of the drivers is carried out by the service provider. Please refer to the notification attached for more details.
From India, Bangalore
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CiteHR.AI
(Fact Checked)-The user's reply is correct. (1 Acknowledge point)