Navigating Contractual Labour Laws: Your Questions on Hiring Bans and Standing Orders

Seniors,

I would like to inquire about the following:

1. Contractual Labour Hiring Bans

In which state has Contractual Labour Hiring been banned or abolished by the government or High Court?

2. Ratio of Hiring Contractual Labor

Is there any notification or ruling that specifies the ratio of hiring contractual labor in a company?

3. Certified Standing Orders and Model Standing Orders

Is there any obligation to obtain certified Standing Orders within a specific timeframe when the act becomes applicable? Do Model Standing Orders govern employment conditions in the absence of certified Standing Orders? If so, until what time can Model Standing Orders be applicable in a factory?

4. Provision of Model Standing Orders

Who provides or creates Model Standing Orders under the central or state act?

Best Regards

Contractual Labour Hiring Ban

1. In which state has Contractual Labour Hiring been banned [abolished] by the government/High Court? - In Maharashtra, different industries and for particular operations/activities, Contract Labour is abolished/prohibited.

Ratio of Hiring Contractual Labour

2. Is there any notification/ruling that specifies the ratio of hiring contractual labour in a concern? - No.

Certified Standing Orders

3. Is there any compulsion to get certified Standing Orders within the time when the act is applicable? Do Model Standing Orders not govern the employment conditions in the absence of certifying standing orders? If yes, up to which time can Model SO be applicable in a factory? - If the standing orders are not certified, then the Model Standing Orders will prevail until the certification of Standing Orders.

Provision of Model Standing Orders

4. Who provides/made Model standing orders by central or state act? - Question is not clear.

My question is: Are Model Standing Orders prepared by the central government or state government, or who issues the Model Standing Orders?

Contract Labour is a Central Act, but states have their separate rules.

My answers to your query in seriatim are as follows:

1. Contractual Labor Hiring Restrictions

In which state has contractual labor hiring been banned or abolished by the government or High Court? I don't think any of the states have completely banned or abolished the employment of contract labor. Both the Central and concerned States have the authority to issue notifications prohibiting the employment of contract labor in any process, operation, or work within the establishments under their jurisdiction. Employers may challenge such notifications, and High Courts, using their discretion, may issue necessary directions.

2. Ratio of Hiring Contractual Labor

Is there any notification or ruling specifying the ratio of hiring contractual labor in a concern? No.

3. Requirement for Certified Standing Orders

Is there a requirement to obtain certified Standing Orders within the designated time when the act is applicable? Do Model Standing Orders govern employment conditions in the absence of certified standing orders, and if so, for how long can the Model Standing Orders be applicable in a factory? Yes, Section 3 of the Industrial Employment (Standing Orders) Act, 1946 mandates that the employer submit the draft standing orders within six months from the date the Act becomes applicable to the establishment. The Model standing orders remain applicable until the draft standing orders submitted are officially certified.

4. Establishment of Model Standing Orders

Who establishes the Model standing orders under the Central or State Act? You seem to require knowledge of the basics of the Industrial Employment (Standing Orders) Act, 1946. Both the Central and states have formulated their own rules under the Industrial Employment (Standing Orders) Act, 1946. You will find the Model standing orders attached to the Act as Schedule-I.

Regards,
BS Kalsi

Certified Standing Orders and Model Standing Orders

Model standing orders are in operation until certified standing orders are put into effect. It is to be done at the earliest. A procedure exists to obtain the certified standing orders, involving "Management, Workers (representatives), and the labor department." For example, the A.P. Labor Department has its own procedure to process and issue certified standing orders.