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The soft copy of the Industrial Employment (Standing Orders) Act, 1946 is not complete. Please buy Bare Act Book from nearest law book stall. There you can easily find the elaborate Miscounduct and very next is the standing orders which specify the punishment for these misconducts.
This query is about the Industrial Standing Orders (1946). As regards to TERMINATION OF EMPLOYMENT, the Model Standing Order says - (1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
Can this be implemented? Or is there any amendment to this rule? Can somebody throw light on this with examples/justifications.
Dear CiteHR Members.
SUB: TRAINING on Important HR. SYSTEMS, RULES, Forms (SRF) to work HR ,
P&A. Dept. (Abbreviations used to save space)
I am providing Training to Company Officials, P&A Mgrs., Freshers; to ASSIST them to improve, update their P&A. works with S.O.P. for Factory, Mines, all Estts., Office Admn.;
HR Auditing, Recruitment, Attendance, Salary, Benefit , Leave Admin., Leave Card System, Grading of employees, PA, PMS, HRIS, MIS., All Policies, Procedures, Legal, Statutory Compliance, C.L., Regn., Licence, PF, ESI, Inspection by F.I.,L.I.etc., from Recruitment to Separation, from Regn.of Factories to Closure; with all Systems, Rules, Forms for H.R. Management - in Soft & Hard Copy - for easy understanding & Adoption.
I am giving below some of the Imp. P&A. Systems, Rules, Forms(SRF) to help P&A Officials as some of them are NOT there in many Cos; Books, Google etc., When u Google for “MPIF,PA,MIS or S.O., IDA. etc.”; U will get 10+ Options; each different from the other. It confuses & you may not get the right answer, Forms u wanted; as u can get from me. Many Consultants don’t have these SRF. Hence,
P&A. Mgrs. face problems to make HRIS, MIS Report to GM, FC, MD, Comply with Statutory Returns to FI,LI,ESI,PF, Pension,IT, PT,Bank etc.
I am providing Training for adopting, implementing the above SRF for
a. Attendance Certification problems for payment of Salary
(Employees not regularizing OD,OP,Leave etc.in time),
b. Optional-Holidays instead of Fixed Holidays to help HODs to
deploy M.P.for Essential works without violating Rules, OT etc,
c. Adopt Leave Card(LC)Systems instead of loose Leave Appn. due to
many benefits to P&A works; JSWSteel adopted LC in 1996 + SLR,SLL,
Kirloskar,Kalyani,BKG etc.;for Leave Admn; 1 Card for 1 empl. for
1 yr + Leave Rules on backside for infn.& compliance of all empls.
d. New Co.Appn.Form-60+ points to collect all personal details for
HRIS,Returns to FI,LI,ESI,PF,IT,PT,Bank,Nominee in 1 Form (instead
of piecemeal; which cannot be traced, causing problems later) to help P&A
Mgrs. to show all persnl.dtls. to GM,MD, FI,LI etc. Many Cos. adopted my Form as
their Form had below 20 points. Pl.check No.of points in ur Co.’s Appn).
e. M.P.I.Form to help HODs to give specific details of persons
to be recruited; to fill posts; specially, TECHNICAL posts.
f. Interview Assessment Form to help Panel Members, MD to assess,
Select, fix Design.Grade, Salary & Appoint the Right Person,
g. P.A.Form to Assess, Regularise Trainees, Confirm Probationers,
Promotion, SI & Grading of all employees into 27 Levels as per
Grading Chart to help HRD, Mgmnt.to fix Post, Grade, Salary &
to know No.of empls.-Grade & Dept-wise; for MIS, Returns etc.
h. Resignation-Acceptance, Notice Period, No Due Certificate,
Absenteeism, AOS Procedures, SC Notice, Enquiry, Termination,
Retrenchment, Relieving, F.S., etc. as per S.O., IDA.,
Our Group Consultants at B’lur, Chennai together have Developed 200+ Imp. HR Systems, Rules, Forms etc.,for the use of P&A, Accts.Works. The above Subjects will be explained with Soft, Hard copy in 1-4 weeks; as per ur needs. Ready-to-use Systems, Forms will be given for ur adoption. 1st Presentation is Free. My HR Training will save ur precious time, energy & money; and it will help ur P&A works for several years.
Two of the Samples are given below for ur infn. & ref.
1. ATTENDANCE CERTIFICATION FOR SALARY – H.R. PROBLEMS
Certification of Attendance of all empls.at the month-end; for Salary is an imp.task of all P&A.Managers. Some Mgrs. face problems to Certify Attendance due to some of the employees NOT Signing / NOT Punching daily, NOT regularizing Leave, OD, OP, Co-Off. in time; Absenteeism,
Online, Manual Attendance NOT tallying etc.,
Causing delay to Certify Attendance for Salary;
delay Salary Payment; Resentment by employees etc.,
Big Cos.,specially; where 100s of employees works in 2-3 Shifts; P&A Mgrs. face the following problems; leading to employees grievances; representation to Seniors etc.,
1. Employees NOT signing in Attendance Regr.,NOT Punching while
entering & exiting, NOT following Shift Schedules.
2. Employees NOT writing Shift name; disturbing Shift Allotment.
3. Employees while going out of Estt. during duty hours; NOT
submitting Approved OD, OP, Leave Card, Co-Off Appn. etc.,
4. Employee NOT regularizing Absence, W/Off, Holidays, Leave, Co-Off, OD, OP etc. within 2 days of NOT SIGNING and many COLUMNS ARE LEFT BLANK in the Attendance Regr. as on 30/31 of the MONTH; causing problems to certify Attendance.
5. Employees after working on Sundays, Holidays etc.,& after
taking Co-off, not regularizing with Co-off Appn., NOT
recording in Statutory Extra work-Co-Off Regr. etc.
6. Employees NOT putting small initial but big signature;
spoiling the Regr. / causing problems to others to sign.
7. Employees over-write in Attendance Regr., sign for others &
other errors, mistakes, violations.
My New Rules, Forms will give you imp. Guidelines, Procedures, to streamline Attendance Rules; reduce the problems to close the Attendance, Regularise Leave, Co-Off, OD OP, etc.,and help P&A. Mgrs., HODs, Accts.Dept. Auditors, GM/MD to overcome this monthly recurring problems & Comply with Co.& Statutory Rules.
2. WHY STANDING ORDERS (S.O.) / SERVICE RULES - I.D. ACT - ISSUES.
A Certified STANDING ORDERS under the Indus. Emplmnt. (S.O) Act; empowers the Co. to take Disc. Action against its Erring Empl’s. for violating T&C in S.O. BUT; the Co. cannot punish an Empl’. for acts not included in the S.O.- SUPREME COURT.
Company Suspends, Terminates employees leading to grievances; Litigation, damaging Co.reputation; demoralizing; besides wasting Co.’s Money & time. TERMINATION WITHOUT ENQUIRY / NATURAL JUSTICE etc. IS ILLEGAL & Court can re-instate such Empl’s.
S.O. Act obliges Cos.with 50+ empl.to adopt/Certify S.O. to regulate Employment conditions, Master-Servant Relation -tobe Certified by DLC & displayed for infn. & compliance by Co. & all empls.
Imp. Do’s, Don’t’s Duties of Empl’s.,Mis-conducts for which empl’s. LIABLE FOR DISCI. ACTION-80 points. Imp.t&c. in Appt.Order.-for Sk.empl.-20,Suprvsrs & above-30.Pl. include Imp.acts/Conducts in S.O. & A.O.,and Follow PROCEDURES of NATURAL JUSTICE to make Co’s. action Legal. For Cos. not covered under SO Act, Service Rules are to be made for the infn. & compliance of empls.not covered by SO. Pl.
contact to share imp.t & c. to frame, Certify S.O.,S.R., A.O.,A.O.S., IDA problems etc.,
Every HR,P&A Mgr. must have all Imp. Acts, Systems, Rules, Forms to administer HR works effectively & Professionally; as P&A Mgr. is answerable to
F.I., L.I., PFI, Pension, ESI, Gratuity, PT, other Govt. Officers, Auditors, HODs, GM/MD, Employees etc., and he has to solve all employees problems; keep Records in Per. Files for future ref. DURING THE LIFE OF EMPLOYEES & CO. ITSELF.
If you have any of the HR.SRF problems, I can provide you all Updated “Ready to use”Systems, Rules etc., & assist you to implement them with my 35 yrs. exp. in 7 Mfg.Cos.at different places + 6 yrs in HR Consulting. Pl.contact to share more.
Kindly inform/forward this Msg. to ur Seniors,friends for their infn; Recommend to them to use my services to adopt the above SRF.
Thanking you & requesting your response.
C.N. Khan, HR & Mgmnt. Consultant. (Ex-AGM-HR&A..+ Secy.for ISO Certification) .
Ph: 9535470460- E-Mailid:
SANDUR, HOSPET. BELLARY Dist.,
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu + Hindi & English