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A draft model standing orders - industrial employment (standing orders) act, 1946
Dear friends as you are aware every industry is having service rules. the service rules nothing but the standing rules and the same has to incorporated along with the standing orders. the standing orders act. schedule i the model standing orders will be available. the standing orders act will be available in leading book shops. for taking any disciplinary actions the concern should follow the company s certified standing orders by the local competent authority. the general agenda of the industrial employment standing orders act is as under: act 1946 the industrial employment standing orders act applies to every industrial establishment wherein one hundred or more workmen are employed or were employed on any day of the preceding twelve months. it can be extended even to establishments whose employment of labour is less than one hundred and it does not apply to an industry to which cl.vii of the mumbai industrial relations act1946 applies or to any industry to which the provisions of the madhya pradesh industrial workmen standing orders act 1959 applies. in other words normally the standing orders have to be drafted by the employer and their certification obtained under the act wherever the establishment employs more than one hundred workmen. in section 1 3 the certifying authority is dy. commissioner of labour in the respective jurisdiction. the employer should be required to define with sufficient precision the conditions of employment under them and to make such condition known to workmen employed by them. in case the employer fails to get his standing orders certified the respective state model standing orders will become applicable. it is advisable that instead of applying for the model standing orders the employer should get the standing order certified. the standing orders which are certified under industrial employment standing orders act become part of the statutory terms and conditions of service between the employer and employees. any term or condition of service which is contrary to the standing orders certified under the industrial employment standing orders act 1964 if incorporated in the letter of appointment be implemented or acted upon. if the standing orders make it obligatory to hold an enquiry into an act of misconduct before dispensing with the services of the delinquent employee then such a provision cannot be circumvented by having a resort to the terms in the appointment letter providing removal without enquiry. a is with it may help for go please note where the certified standing orders are not there the model standing orders of the respective state will be followed. until certification. regards : pbs
Applicability of industrial employment standing orders act
Hello friends there is confusion about applicability of industrial employment standing orders act or standing orders act specifically in the organisation who are non manufacturing in nature. as per the definition it is clear that it is not applicable to the organisations who are not industry in nature i have written a detailed description of the same on my blog. please click read share and comment applicability of industrial employment standing orders act 1946 i would also request members to enrich this article with their view and also if someone has can you please share statewise data on minimum numbers of employees required in an organisation to be covered under the act
Clarification requested.
I disagree with the reply given by anil kaushik chief editor business manager hr magazine. the question and answers as follows: q. who is to take disciplinary action against contract labor? under what rules? are standing orders applicable to contract labour? ans. contractor as employer in relation to contract workman should take disciplinary action against such errant workman under the service rules of his organization / terms of employment. standing orders are not applicable to contract labour as the definition of the workman under industrial employment standing order act does not cover contract labour unless your standing orders cover this category. i want him to refer sec. 2e iv of industrial employment standing orders act 1946. further he is wrong in stating "the definition of workman inder industrial employment standing orders act does not cover the contract labour" as the act says for the definitions of "wage and worker" sec. 2rr and s are to be referred. therefore it is now to be clarified whether the standing orders are applicable to the contract labour establishment employing 100 or more?
The industrial employment (standing orders) act.
Hi all our establishment belongs to service industry and covered under shop & establishment act in haryana having 7080 employees. please help in following: 1. certification of standing orders as per industrial employment act 1946 is compulsary or not. 2. how many employees are required for the same. regards jony_m
Tn - it companies - exemption from industrial standing orders act
Team i read recently that the exemption given to it companies in karnataka from industrial standing orders act has not been extended. hence it companies in karnataka will come under the purview of industrial standing orders act. i would like to know the status of such exemption from industrial standing orders act for it companies in tamil nadu. are it companies excluded from industrial standing orders act in tn? in case if the law is applicable please let us know the size of the establishment for coverage is it 50 or 20. thank for your time and clarifications. kind regards muthu dextrasys technologies trichy
Industrial employment (standing orders) a.p.rules, 1953
Dear seniors & experts is industrial employment standing order certification mandatory required as per industrial employment standing orders ules 1953 even though my company has been registered under factories act 1948 / andhra pradesh shops& establishment act1988? please clarify my above doubt. thanks & regards t.thirumurugan sr. exe. hr & admin.