Dear Mr Kumar:
Your post on the subject is a very useful document for all HR professionals
and more particularly to those in IT industry.
However, one observation I want to make to enlighten our colleagues in the profession is regarding the Q:19 relating to getting certification of Standing Orders under the provisions of
Industrial Employment (Stnding Orders) Act 1946.
The said Act is
applicable only to 'industrial establishements' as defined by Se.2(e) of the Act.
Sec.2(e) defines :
(e) “industrial establishment” means (i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or [1][(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ] (iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act, 1890, or (iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen; By this definition, IT/ITES industry is not attracted by this definition and hence the said Act is not applicable and is outside the scope of the said Act, provided they are not enaged in any manufacuring activity.
Hence, there is no need to go to the Certifying Officer for getting any approval for the employment rules of such companies.
R Sundararajan
Quote:
Originally Posted by pbskumar2006  Dear Friends,Please see the attachement for the clarifaction of doubts on weather the IT industry is applicable for Labour Laws. A Seminar was held at Andhra Pradesh FAPCCI, Hyderabad and calrified the doubts. An extract Q & A is attached for all HR Professionals. May be useful for every one. Regards, PBS KUMAR |
