Hi, can you plz clarify me on the standing order clause of 50 employee , as mentioned above. Regards sandeep thakur
From United States, Cambridge
From United States, Cambridge
This is what the act says :
1. Short title, extent and application.- (1) This act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to1[the whole of India 2[* * *].]
3[(3) It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months:
Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of number of persons less than one hundred as may be specified in the notification :
So obviously for any factory in India where there are less than 100 employees, the standing orders do not apply by law. You are free to follow it voluntarily, but not one can go to court and force you to follow it. You are free to make your own rules and communicate it to the your employees.
From India, Mumbai
23951. Short title, extent and application.- (1) This act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to1[the whole of India 2[* * *].]
3[(3) It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months:
Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of number of persons less than one hundred as may be specified in the notification :
So obviously for any factory in India where there are less than 100 employees, the standing orders do not apply by law. You are free to follow it voluntarily, but not one can go to court and force you to follow it. You are free to make your own rules and communicate it to the your employees.
From India, Mumbai
Though the standing orders apply upon company having 50 or more employees, in case of punitive termination, the procedure normally followed is the same as in that act, as in you have to comply with the rules of natural justice, see past record and then resort to punishment. Therefore my earlier advise is correct. Though he may have been terminated from another co. you have to take independent disciplinary action. so pls follow the steps which I had earlier stated.
From India, Pune
From India, Pune
Dear Mr.
I do not know whether you have actually terminated the worker as on date. However I offer my views on the issue raised by you.
1.You say that your company is employing thirty workmen and therefore the Industrial Employment (Standing Orders) Act will not apply. You have not indicated the State in which your establishment is situate. For, the I.E.Act gives power to the State Government to make the provisions of the I.E.S.O.Act applicable to industrial establishments employing less than 100 workmen. So please check whether your State Government has issued any such notification and whether such notification is applicable to your establishment.
2.Assuming that the I.E.S.O. is applicable and also assuming that you have not got certified standing orders then the Model Standing Orders is applicable to you.
3.It is a settled principle of industrial law that a workman can be punished only for a misconduct after following the procedure prescribed by law. Therefore if a workman is dismissed for a conduct which is not a misconduct then the dismissal becomes illegal. In the case cited by you assuming that the I.E.S.O.Act is applicable to your establishment and as stated by you there are no certified standing orders applicalble, then the Model Standing Orders are applicable to the workmen. It has to be seen whether absence for six days continuously is a misconduct under the Model Standing Orders applicable. If it is not, then the absence for six days cannot be regarded as misconduct and the worker cannot be punished for such act. So please check whether under the Model Standing Orders absence of six days or giving false reasons for the absence are misconducts. If not the dismissal if any made would surely be set aside.
4.Assuming that the I.E.S.O.Act is not applicable the scenario will be like this. Again I repeat that it is a settled principle of industrial law that a worker cannot be punished for an act which is not a misconduct. In the case of no standing ordes, you have to check firstly whether the appointment order issued to the worker or any service regulations applicable to the woker about which he had notice and knowledge say that absence for six days or giving false reasons for being absent are misconducts. If it is not so specified then absence for six days or giving falase reasons cannot be valid and legal grounds for initiating disciplianary action to punish the worker.
5.Assuming that you had already dismissed the worker, then if he approaches the Labour Court, the dismissal will certainly be set aside on the ground that the punishment of dismissal is disproportionate to the charge of absence for six days or giving false reasons for being absent.
With regards
From India, Madras
I do not know whether you have actually terminated the worker as on date. However I offer my views on the issue raised by you.
1.You say that your company is employing thirty workmen and therefore the Industrial Employment (Standing Orders) Act will not apply. You have not indicated the State in which your establishment is situate. For, the I.E.Act gives power to the State Government to make the provisions of the I.E.S.O.Act applicable to industrial establishments employing less than 100 workmen. So please check whether your State Government has issued any such notification and whether such notification is applicable to your establishment.
2.Assuming that the I.E.S.O. is applicable and also assuming that you have not got certified standing orders then the Model Standing Orders is applicable to you.
3.It is a settled principle of industrial law that a workman can be punished only for a misconduct after following the procedure prescribed by law. Therefore if a workman is dismissed for a conduct which is not a misconduct then the dismissal becomes illegal. In the case cited by you assuming that the I.E.S.O.Act is applicable to your establishment and as stated by you there are no certified standing orders applicalble, then the Model Standing Orders are applicable to the workmen. It has to be seen whether absence for six days continuously is a misconduct under the Model Standing Orders applicable. If it is not, then the absence for six days cannot be regarded as misconduct and the worker cannot be punished for such act. So please check whether under the Model Standing Orders absence of six days or giving false reasons for the absence are misconducts. If not the dismissal if any made would surely be set aside.
4.Assuming that the I.E.S.O.Act is not applicable the scenario will be like this. Again I repeat that it is a settled principle of industrial law that a worker cannot be punished for an act which is not a misconduct. In the case of no standing ordes, you have to check firstly whether the appointment order issued to the worker or any service regulations applicable to the woker about which he had notice and knowledge say that absence for six days or giving false reasons for being absent are misconducts. If it is not so specified then absence for six days or giving falase reasons cannot be valid and legal grounds for initiating disciplianary action to punish the worker.
5.Assuming that you had already dismissed the worker, then if he approaches the Labour Court, the dismissal will certainly be set aside on the ground that the punishment of dismissal is disproportionate to the charge of absence for six days or giving false reasons for being absent.
With regards
From India, Madras
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