Does IESA apply to IT/ITES companies? Even if all the employees draw salary in excess of the Rs. 1600 wages prescribed by IESA, does the company have to follow a particular process under IESA? Where can I find the Model Standing Orders? A reply ASAP would be greatly appreciated. Thanks
From India, Hyderabad
From India, Hyderabad
Standing Orders framed by an establishment regulates the conduct of employment and defines the relation between the employer and employees. As such, it is always desirable to have standing orders irrespective of nature of industry. A model standing orders is available in my blog. Please follow the link and see if the same is of any sue for you. #comment20218 Regards, Madhu.T.K
From India, Kannur
4250From India, Kannur
Dear Dheeraj, In my opinion this Act is not applicable to the I.T. industry as this type of industry is covered under State Shops Act & thus these units are not covered under the definition of the "Industrial Establishment" under Industrial Employment (Standing Orders) Act,1946. Sumitted as per you request. Regards, R.N.Khola Sr Associate (Haryana)
From India, Delhi
From India, Delhi
The term 'Industrial Establishment' has a wider meaning under the Act. It has been defined, among other things, in section 2 (e) of the Industrial Employment (Standing Orders) Act, 1946, as an establishment within the meaning of Payment of Wages Act, 1936. According to section 2 (ii) (h) of Payment of Wages Act, an industrial or other establishment means any other establishment or class of establishments which the Central Government or a State Government may having regard to the nature thereof the need for protection of persons employed therein and other relevant circumstances specify by notification in the Official Gazette. In Payment of Wages Act, the term 'industrial establishment' and 'other establishment' are separately shown. However, in Standing Order Act, only the first usage is made. This does not mean that other establishments wherein activities other than manufacturing are carried out are out of purview of the Act. The respective state government has enforced ruling by notification with a view to protecting workmen employed. As such it shall be interpreted to give a wider meaning to the term industrial establishment and therefore the Standing Order Act will be applicable to all establishments wherein 100 or more are working. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
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Industrial Employment Standing Orders Act 1946.pdf