Thursday, March 25, 2010

Chapter: 3.1.1 Schedule 1 in the Industrial Employment Act

Schedule 1

These standing orders apply to all workmen employed in the establishment doing manual or technical work.
These workmen shall be classified as
Permanent workman, Probationers, badlis or substitutes, Temporaries or casual workman, apprentices.
Every probationer who has completed the period of three months of uninterrupted service in the post in which he is provisionally shall be made permanent in the post by the order in writing within 7 days from the date of completion of service.
Wherever badli system is prevalent the Manager shall maintain a register of badlis shiftwise with the following particulars.
The names and addresses, the nature of the work and the nature of their occupation in which they are employed the shift in which they are working while in employment the wages paid to them during employment and the dates of termination of their services.
The names of badlis who are found to be irregular in attendance or inefficient in work may be removed from such register after giving them sufficient opportunity to improve.
All temporary vacancies of permanent workman shall be filled up appointing their badlis whose names are entered in the register maintained.
After filling up any of the permanent vacancies in any class the badlis who have worked in that class of occupation shall be given preference wherever they are employed.
All badli's who have put in 190 days of uninterrupted service in a seasonal establishment, and the services of whom have been terminated on account of the completion of the work.
Whenever the vacancies are to be filled the names of the persons on the waiting list are to be considered.
No person whose name is not entered in the waiting list shall be given preference unless his or her name is entered in the waiting list.
Every class of workman shall be given his ticket number and the name of the department and his name.
Notices displaying the periods and hours of work and shifts shall be displayed on the notice boards of the different departments and notices specifying the weekly off and weekly holidays, dates of the compensatory holidays, the days of the wages, the rates of the wages and allowance payable if any shall also be displayed.
Where there are more than one shifts working in the department then the services are liable to be shifted from one shift to the other.
When there is any alteration or discontinuance of any shift then a notice of 7 days is to be given.
When there is discontinuance of any shift then one months notice has to be given to the permanent employees as well as the principle of last come first go has to be adopted.
On the restart of any shift the employer has to give a notice in the newspaper having large circulation so that the workmen at large come to know of the said intention of the employer. Preference of the employees who have rendered more number of years should be given.
A department may be closed down after giving one month's notice to the workman.
The grant of leave is the sole discretion of the employer taking into consideration the-exigencies of work in the establishment.
A workman desirous of proceeding on leave shall make an application to the employer in writing and obtain necessary permission for the leave. The employer may grant or refuse the leave as the case may be and may record the said in the register maintained for the said purpose. In case the employee can intimate to him in writing at the address given by him.
An employee remaining absent for a period more than that of his leave then there is a possibility of he losing his lien of appointment unless he returns back within a period of 8 days.
However a employee who returns back after he loses his lien of appointment shall be appointed as badlis if he returns back after a period of 15 days.
Every employee is entitled to casual leave however this leave shall be limited to three days at a time and casual leave is intended to meet the special or unforeseen circumstances for which provision can not be made by exact rules.
No workman shall enter or leave the premises of the establishment except by the gates or gate appointed for the purpose.
A female worker may be detained by the gateman appointed by the employer in case of suspect of some wrongful possession of property and may be searched by a female searcher. But the search shall be done in the presence of two witnesses and not in the presence of the male persons except with her consent.
In case of stoppage of work the employees shall be intimated immediately about the same.
All notices given under the Standing Orders shall be displayed in writing and particularly on the notice board.
In case of a strike affecting the whole or part of the establishment or the department of the establishment, the employer may choose to close down the whole or part of the department. The said closure may be intimated by the employer in writing or displayed in the department on the notice board.
Under Sec. 23 of the standing orders, the permanent employees may be terminated by giving them 14 days notice or by giving them 13 days wages including all admissable allowances in lieu of notice. Further if the permanent employee desirous of leaving service may give 14 days notice to the employer. The employment of a permanent workman employed on the monthly rates of wages may be terminated by giving him one month notice or on payment of one month wages in lieu of notice. The reason for termination may be recorded in writing and communicated to him at the time of discharge.
If the permanent workman leaves the service without giving notice no deduction on that account shall be made from his wages.
All the other employees other than the permanent employees shall be terminated on the basis of their leave without one months notice.
An order of termination of service shall be in writing and shall be signed by the manager concerned and a copy shall be supplied to the workman concerned, in cases of general retrenchment and closing down of departments or termination of services as a result of strike no such order shall be given.

No comments:

Post a Comment