Dear Friends,
I have a query for the experts : -
As much as I know, according to the Industrial Employment (Standing Orders) Act 1946, it is applicable to establishments with a workforce of 100 or more ( I have seen the same for Delhi & Punjab).
Can states ammend this to suit their needs ? Is this act applicable to establishments employing 50 or more workers in the State of Haryana ?
Please send me your responses at the earliest.
Thanks & Regards
Debashis Roy
From India, Lucknow
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10I have a query for the experts : -
As much as I know, according to the Industrial Employment (Standing Orders) Act 1946, it is applicable to establishments with a workforce of 100 or more ( I have seen the same for Delhi & Punjab).
Can states ammend this to suit their needs ? Is this act applicable to establishments employing 50 or more workers in the State of Haryana ?
Please send me your responses at the earliest.
Thanks & Regards
Debashis Roy
From India, Lucknow
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Though i am not an expert,the provisions can be modified by appropriate authority of the state. In certain states it is applicable to 50 or more workers as well.In the N.C.T. of Delhi, the Act applies to an industrial establishment where 50 or more workmen are employed or were employed in the preceding 12 months. u could check corpmen.com for relevant information. I have seen this info on the given site.
regards,
vani
From India, Mumbai
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regards,
vani
From India, Mumbai
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Hi,
The scope and coverage of THE INDUSTRIAL EMPLOYMENT ACT says that this extends whole of India and applies to every industrial establishement wherein 100 or more workmen are employed or were employed on any day of the preceding 12 months. But this act , further saya that
" THE CENTRAL OR STATE GOVT. MAY, HOWEVER, EXTEND ITS PROVISIONS TO ANY INDUSTRIAL ESTABLISHEMENT EMPLOYING EVEN LESS THAN 100 WORKMEN. BUT ,ONCE THE ACT BECOMES APPLICABLE TO AN ESTABLISHEMENT, IT DOES NOT CEASE TO APPLY ON ACCOUNT OF A SUBSEQUENT FALL IN NO. OF WORKMEN IN THE ESTABLISHEMENT."
So the statement proves that provisions could be made , if the workmen are less than 100.
KATYANA
From India, Gurgaon
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The scope and coverage of THE INDUSTRIAL EMPLOYMENT ACT says that this extends whole of India and applies to every industrial establishement wherein 100 or more workmen are employed or were employed on any day of the preceding 12 months. But this act , further saya that
" THE CENTRAL OR STATE GOVT. MAY, HOWEVER, EXTEND ITS PROVISIONS TO ANY INDUSTRIAL ESTABLISHEMENT EMPLOYING EVEN LESS THAN 100 WORKMEN. BUT ,ONCE THE ACT BECOMES APPLICABLE TO AN ESTABLISHEMENT, IT DOES NOT CEASE TO APPLY ON ACCOUNT OF A SUBSEQUENT FALL IN NO. OF WORKMEN IN THE ESTABLISHEMENT."
So the statement proves that provisions could be made , if the workmen are less than 100.
KATYANA
From India, Gurgaon
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Under sec. 38 of Bombay shops and establishment Act,the standing orders
were made applicable to all establishments covered by the said Act,irrespective of number of employees.However this created lot of
problems and therefore the said section was amended to read that standing orders under Industrial Employment (standing order) Act
will apply only to those establishments which employ 50 or more employees.This is the position in Maharashtra.
From India, Pune
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were made applicable to all establishments covered by the said Act,irrespective of number of employees.However this created lot of
problems and therefore the said section was amended to read that standing orders under Industrial Employment (standing order) Act
will apply only to those establishments which employ 50 or more employees.This is the position in Maharashtra.
From India, Pune
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Does a new IT establishment with less than 50 employees also comes under the THE INDUSTRIAL EMPLOYMENT ACT......If not then what should be the criteria for framing the strategies and policies for the organization.
I am HR Manager of the same and want to give a strong frame of standing orders to my Company, so that in future( when no. of employees reaches 100) their is no problem in framing the policies and strategies....Please guide.
Thanks
Fauzia
From India, Kanpur
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I am HR Manager of the same and want to give a strong frame of standing orders to my Company, so that in future( when no. of employees reaches 100) their is no problem in framing the policies and strategies....Please guide.
Thanks
Fauzia
From India, Kanpur
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Dear G.J.Panchal, Why donot you go through State Rules your self to see the Model standing Orders. R.N.KHOLA Sr Associate Skylark Associates, Gurgaon
From India, Delhi
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From India, Delhi
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Hello,
I am working in MSEDCL as as pay gr-I Officer. Whether the Indu. Emply. Standing order Act 1946 is applicable to MSEDCL so far it relates to the modification of basic service conditions in r/o Officers working in the organisation. Pl offer your valuable seasoned comments. Thanks.
Dr. C V Ambilwade
From India, Mumbai
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I am working in MSEDCL as as pay gr-I Officer. Whether the Indu. Emply. Standing order Act 1946 is applicable to MSEDCL so far it relates to the modification of basic service conditions in r/o Officers working in the organisation. Pl offer your valuable seasoned comments. Thanks.
Dr. C V Ambilwade
From India, Mumbai
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Mr. Khola Sir,
In Haryana, The Industrial Employment (Standing Orders) Act, 1946 applies to every industrial establishment wherein fifty or more workmen are employed.
Sir, please clarify whether the employed 50 workmen include contractual labor or just the on-roll employees.
Please suggest.
From India, Delhi
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In Haryana, The Industrial Employment (Standing Orders) Act, 1946 applies to every industrial establishment wherein fifty or more workmen are employed.
Sir, please clarify whether the employed 50 workmen include contractual labor or just the on-roll employees.
Please suggest.
From India, Delhi
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Can any one tell me the rules related to the Standing Orders( In Uttrakhand), like required number of workmen, where all to send the copies of standing orders etc. Neeraj Singh
From India, Delhi
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From India, Delhi
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Dear, as a fellow member has already pointed out and referred to section 38 of the Bombay S&E Act. In view of the above provision, the IE(SO) Act becomes automatically applicable to all establishments covered by the Bombay S&E Act, whether they are IT or ITES companies or in the service industry.
I would further like to clarify that where the Payment of Wages Act is applicable, the IESO Act also becomes applicable by virtue of the definition/applicability as mentioned in the IESO Act. In pursuance of the same, most states have made provisions in their Shop Act that the provisions of the Payment of Wages Act are applicable to all establishments covered by the S&E Act. Therefore, by default, the IE(SO) Act becomes applicable in such circumstances. For example, Gujarat, MP, AP, Kerala, TN, etc.
So, if IT and ITES or service industry companies covered by the Shop Act and Payment of Wages Act, then Standing Orders also need to be framed and certified.
Karnataka has exempted IT and ITES companies from the applicability of the IESO Act for 5 years.
From India, Delhi
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I would further like to clarify that where the Payment of Wages Act is applicable, the IESO Act also becomes applicable by virtue of the definition/applicability as mentioned in the IESO Act. In pursuance of the same, most states have made provisions in their Shop Act that the provisions of the Payment of Wages Act are applicable to all establishments covered by the S&E Act. Therefore, by default, the IE(SO) Act becomes applicable in such circumstances. For example, Gujarat, MP, AP, Kerala, TN, etc.
So, if IT and ITES or service industry companies covered by the Shop Act and Payment of Wages Act, then Standing Orders also need to be framed and certified.
Karnataka has exempted IT and ITES companies from the applicability of the IESO Act for 5 years.
From India, Delhi
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Industrial Employment Standing Oder Act.doc