/ (INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 APPLICABILITY OF THE ACT Employment (Standing Orders) Act, 1961, Sec. 1 + Every industrial establishment wherein 100 or CONDITIONS FOR CERTIFICATION OF more (in many States it is 50 or more) STANDING ORDERS * “Any industry covered by Bombay Industrial Relations Act, 1946. * Industrial establishment covered by M.P. industrial Every matter to be set out as per Schedule and Rule 2A. The standing orders to be in conformity with the | provisions of the Act.)PROCEDURE FOR CERTIFICATION OF STANDING ORDERS Certifying Officer to forward a copy of draft standing orders to the trade union or in the absence of union, to the workmen of the industry. The trade union or the other representatives, as the case may be, are to be heard. Sec.5 SUBMISSIONS OF DRAFT STANDING ORDERS Within six months from the date when the Act becomes applicable to an industrial establishment. Five copies of the draft Standing Orders are to be submitted to the Certifying Officer under the Act. Sec. 3 MATTERS TO BE PROVIDED IN STANDING ORDERS ‘+ Classification of workmen, e. g., whether permanent, temporary, apprentices, probationers, or badlis. + Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates. * Shift working. * Attendance and late coming. * Conditions of, procedure in applying for, and the authority which may grant, leave and_ holidays: * Requirement to enter premises by certain gates, and liability to search. + Closing and re-opening of sections of the industrial establishments, and temporary Stoppages of work and the right and liabilities of the employer and workmen arising therefrom. © Termination of employment, and the notice thereof to be given by employer and workmen. * Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct * Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants. * Additional Matters Service Record - Matters relating to : -service card, -token tickets, -certification of service, -change of residential address of workers and record of age -Age of retirement, -Transfer, “Medical aid in case of Accident, -Medical Examination, Secrecy, Exclusive service. (Secs. 2(g), 3(2) and Rule 2A] DATE OF OPERATION OF STANDING ORDERS On the date of expiry of 30 days from certification or on the expiry of 7 days from authentication of Standing Orders. Sec. 7 PAYMENT OF SUBSISTENCE ALLOWANCE * Tothe suspended employee, * atthe rate of 50% of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first 90 days of suspension. * at the rate of seventy-five percent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman. Sec. 10-A TEMPORARY APPLICATION OF MODEL STANDING ORDERS ‘Temporary application of model standing orders shall be deemed to be adopted till the standing orders as submitted are certified. Sec, 12-A DISPLAY OF STANDING ORDERS The text of the standing orders as finally certified shall prominently be posted in English or in the language understood by majority of workmen on special board at or near the entrance for majority of workers. Sec. 9 PENAL PROVISION Failure of employer to submit draft Standing Orders: - fine of Rs,5000 and Rs.200 for every day on continuation of offence. Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day. io/ PAYMENT OF GRATUITY ACT, 1972 APPLICABILITY Every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more employees, Sec-1 COVERAGE All employees irrespective of status or salary shall be covered under this Act. ELIGIBILITY Gratuity shall be payable to an employee on separation from employment due to any of the following reasons, after he has rendered continuous service* for not less, than five years: (a) on his superannuation, or (b) on his retirement / resignation, or (0) on his death or disablement due to accident or disease CONTINUOUS SERVICE *Continuous Service means, that the employee shall be deemed to be in continuous service even under the following circumstances: ’) if he has been laid-off ii) If he has been on leave with full wages ii) fhe has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and iv) In the case of a female, if she has been on maternity leave, however, that the total period of such maternity leave dose not exceed twelve weeks. NOMINATION To be obtained by employer after expiry of one year’s service, in Form ‘F’ . Sec.6 , Rule 6 METHOD OF CALCULATION General Calculation: Last drawn Basic (or wages) [/] 26 {x] 15 [x] Service Length, where: 26 is the no, of days assumed for a whole month, and 15 is the no. of days for which the payment is to be svens oan made, and Service Length is the no. of years of service (not less than 5 years) Sec. 2(s) Piece Rate Based Calculation: @15 days’ wages for every completed year of service on an average of 3 months’ wages. Seasonal Based Calculation: @7 days’ wages for every completed year of service. MAXIMUM LIMIT Payment of Gratuity not to exceed Rs.10,00,000. Sec-4(3) MODE OF PAYMENT Cash or, if so desired by the beneficiary, by Bank Draft or Cheque. Rule-9 DISPLAY OF NOTICE On conspicuous place at the main entrance in English language or the language understood by majority of employees of the factory, etc. Rule-4 PROTECTION OF GRATUITY Can't be attached in execution of any decree. Sec-13 RECOVERY OF GRATUITY Concerned employee / beneficiary to apply within 30 days in Form-I when not paid by the employer within 30 days FORFEITURE As per the provisions of the Act, Gratuity of an employee can be forfeited, if his services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the Company to the extent of damage or loss so caused. PENAL PROVISION + Imprisonment for 6 months or fine upto Rs.10,000 for avoiding to make payment by making false statement or representation + Imprisonment not less than 3 months and upto one year with fine on default in complying with the provisions of Act or Rules. A~ EMPLOYEES’ COMPENSATION ACT, 1923 [FORMERLY KNOWN AS WORKMEN’S COMPENSATION ACT, 1923] OBJECT OF THE ACT To provide compensation to the employees by their employers for injury which maybe suffered by them as a result of an accident during the course of employment, and in case of a fatal injury, his dependents should be compensated. The Act also provides security to the employees who become partially incapacitated resulting in a loss in their earning capacity. COVERAGE All employees irrespective of their status or salaries either directly or through contractor or a person recruited to work abroad. [Sec.1 (3)] EMPLOYER’S LIABILITY On death or personal injury, resulting into total or partial disablement or occupational disease, caused to an employee arising out of an during the course of employment, the employer is liable to pay compensation to that employee. [Sec.3] WAGES When the monthly wages are more than Rs.8,000, it will be deemed as Rs.8,000/- for the purpose of calculating compensation[Sec.4 Exh. b] NOTICE OF ACCIDENT As soon as practicable[Sec.10B] Report of fatal accident and serious injury : within 7 days to the Commissioiner. Not applicable when ESI act applies [Sec.10B] BAR UPON CONTRACTING OUT Any employee relinquishing his right for personal injury, not permissible. [Sec.14] EMPLOYER, WHEN NOT LIABLE © In respect of any injury which results in the totalor partial disablement of the employee for a period exceeding three days. + In respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to the employee having been at the time thereof under the influence of drink or drugs, or * Wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employee,or * Wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employee. Sec. 3(a) & (b CALCULATION Thumb Rule: Higher the age, Lower the compensation Relevant factors specified in second column of Schedule IV give slabs depending upon the age of the concerned workman. Example : In case of death Wages Rs.3000 PM. Age £23 years Factor as in schedule IV £RS.219.95, Amount of compensation _; Rs.329935 And, in case of total disablement : Rs.395910 [Sec.4] DEPOSIT OF COMPENSATION Within one month with the Compensation Commissiner. PENAL PROVISION In case of default by employer, 50% of the compensation amount + interest to be paid to the employee or his dependents as the case may be. ro