How Will the Haryana Amendment Bill 2016 Affect Your Business and Employees?

Dear Members,

The Government of Haryana, Labour Department, has issued the Payment of Wages (Haryana Amendment) Bill 2016. A copy of the bill is attached herewith for your perusal. In the letter sent to the Controller Printing & Stationery, the bill is referred to as the Haryana Bill of 2016, although the attached document pertains to 2018. Upon review of the attached notification, it is evident that this is an amendment notification under the Payment of Wages Act, 1936. However, the covering letter indicates it should be considered as a bill.

The notification states that following final consideration, all shops and commercial establishments in Haryana will be classified as industrial or other establishments for the applicability of the Payment of Wages Act, 1936.

An important point to note is that if the final notification is approved as is, all shops/establishments governed by the Punjab Shops & Commercial Establishments Act, 1958, as applicable to Haryana, will also fall under the purview of the Industrial Establishment (Standing Orders) Act, 1946. This is due to the declaration of shops/establishments as industrial or other establishments under the Payment of Wages Act, 1936. Shops/establishments employing 50 or more workers will be impacted by this bill. If the bill is passed unchanged, they will need to apply to the Certifying Officer, Haryana, for the certification of Standing Orders.

It seems the PDF uploaded is photoshopped as the search for the Amended Bill pertains to the payment of wages through a bank account. The PDF is uploaded directly from the Government Website http://storage.hrylabour.gov.in/uplo...1545031162.PDF.

The wordings used are draft. Link to Govt. Website: http://storage.hrylabour.gov.in/uploads/labour_laws/Y2018/Dec/W3/D17/1545031228.PDF

Dear Members,

Covering letters are the same, but the attached notification copies are different. Both letters show that this is the Payment of Wages (Haryana) Amendment Bill, 2016, while the notifications are dated 12.12.2018. Let us wait for the final outcome.

R N KHOLA

The above-stated notification is published in the gazette or not. If yes, please share the link. Further, please let me know if this standing order is applicable to IT/ITES companies as well.

Looking forward to your kind anticipation. Many thanks in advance.

Notification on Haryana Labour Department Gazette

Please find attached herewith the copy of the Haryana Labour Department Government gazette notification for your ready reference. Please note that by this notification, all establishments (Shops & Commercial Establishments) covered under the Punjab Shops & Commercial Establishments Act, 1958, would be fully covered under the Payment of Wages Act, 1936, as they have been declared as industrial or other establishments for the purpose of applicability of the Payment of Wages Act, 1936.

Impact on Industrial Employment (Standing Orders) Act, 1946

After the declaration of establishments as industrial or other establishments, you will also be covered under the Industrial Employment (Standing Orders) Act, 1946, if you are employing 50 or more workmen during the preceding twelve months. If you are employing 50 or more workmen, then you will be governed by applicable Model Standing Orders for up to a period of six months, and thereafter, you will be required to have Certified Standing Orders from the area Certifying Officer.

Regards, R N Khola

Please find attached herewith the copy of the notification.

R. N. KHOLA