Is contractors also required to get standing orders certified in Haryana state?
From India, Bengaluru
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From India, Bengaluru
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A search on the internet on the subject yielded the following information, which makes it mandatory for all contractor establishments to ensure due compliance with the Standing Orders Act.
2018 notification
Under the 2018 notification, all shops and commercial establishments constitute notified establishments under the Standing Orders Act. Further, the act applies to all shops and establishments in Haryana state, provided that they have employed 50 or more workers in the past 12 months. The Standing Orders Act also applies to all contractors who must fulfill a contract, provided that they have employed 50 or more workers in the past 12 months.
2019 notification
To add to this burden, the 2019 notification requires principal employers and contractors to file an undertaking of compliance with the Standing Orders Act with the Haryana labor commissioner's head office. This makes compliance with the act a condition precedent for obtaining a registration or license under:
1. the Contract Labour (Regulation and Abolition) Act 1970;
2. the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979; and
3. the Motor Transport Workers Act 1961.
Hence, the same has to be followed.
From India, Mumbai
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15932018 notification
Under the 2018 notification, all shops and commercial establishments constitute notified establishments under the Standing Orders Act. Further, the act applies to all shops and establishments in Haryana state, provided that they have employed 50 or more workers in the past 12 months. The Standing Orders Act also applies to all contractors who must fulfill a contract, provided that they have employed 50 or more workers in the past 12 months.
2019 notification
To add to this burden, the 2019 notification requires principal employers and contractors to file an undertaking of compliance with the Standing Orders Act with the Haryana labor commissioner's head office. This makes compliance with the act a condition precedent for obtaining a registration or license under:
1. the Contract Labour (Regulation and Abolition) Act 1970;
2. the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979; and
3. the Motor Transport Workers Act 1961.
Hence, the same has to be followed.
From India, Mumbai
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Dear Colleague, As per the details mentioned on the official website regarding The Industrial Employment (Standing Orders) Act, 1946 on the site of the Labour Department Haryana:
The Act makes it obligatory for employers of an industrial establishment where 100 or more workers are employed to clearly define the conditions of employment, by way of standing orders or service rules, and to make them known to the workmen employed. However, in the state of Haryana, the Act applies to an industrial establishment where 50 or more workmen are employed or were employed in the preceding 12 months.
The employer is required to prepare a draft standing order, which he proposes to adopt, and submit the same to the Certifying Officers for certification in accordance with the provisions of Section 3 of the Act.
The employer is required to act in conformity with the certified standing orders in dealing with the day-to-day affairs of the workmen. Certified standing orders have the force of law like any other enactment.
Where the number of workmen is less than 50, the Model Standing Orders provided in Schedule I of the Rules will be applicable.
Penalty The Act provides that in case the employer fails to submit the draft standing orders, a fine up to Rs. 5,000/- can be imposed. In case of contravention of the standing orders, a fine up to Rs. 100/- and, in case of continuance of the offence, a further fine up to Rs. 25/- for each such day can be imposed.
As per Section 2(e) of the Standing Orders Act, “industrial establishment” means:
(i) An industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or [which reads as [industrial or other establishment means] any [(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India; (b) dock, wharf or jetty;][(c) inland vessel, mechanically propelled;] (d) mine, quarry or oil-field; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted, or manufactured, with a view to their use, transport, or sale; (g) establishment, in which any work relating to the construction, development, or maintenance of buildings, roads, bridges, or canals, or relating to operations connected with navigation, irrigation, or the supply of water, or relating to the generation, transmission, and distribution of electricity or any other form of power is being carried on (h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein, and other relevant circumstances, specify, by notification in the Official Gazette].
Back to the main definition: (ii) A factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or (iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 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.
Hence, legally, when the required number of employees is there as per the threshold mentioned, the contractor's establishment becomes an entity under the Standing Orders Act, and the contractor, as an employer, needs to go for certification of a separate standing order for his establishment. This is a valid document between the contractor and his employees on terms of employment and other aspects. In case of any disciplinary issue, the contractor has to take action on his employees only based on his standing order carried.
In the case of the Principal Employer, there will be a separate standing order for that establishment governing the direct employees of the Principal Employer.
From India, Chennai
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The Act makes it obligatory for employers of an industrial establishment where 100 or more workers are employed to clearly define the conditions of employment, by way of standing orders or service rules, and to make them known to the workmen employed. However, in the state of Haryana, the Act applies to an industrial establishment where 50 or more workmen are employed or were employed in the preceding 12 months.
The employer is required to prepare a draft standing order, which he proposes to adopt, and submit the same to the Certifying Officers for certification in accordance with the provisions of Section 3 of the Act.
The employer is required to act in conformity with the certified standing orders in dealing with the day-to-day affairs of the workmen. Certified standing orders have the force of law like any other enactment.
Where the number of workmen is less than 50, the Model Standing Orders provided in Schedule I of the Rules will be applicable.
Penalty The Act provides that in case the employer fails to submit the draft standing orders, a fine up to Rs. 5,000/- can be imposed. In case of contravention of the standing orders, a fine up to Rs. 100/- and, in case of continuance of the offence, a further fine up to Rs. 25/- for each such day can be imposed.
As per Section 2(e) of the Standing Orders Act, “industrial establishment” means:
(i) An industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or [which reads as [industrial or other establishment means] any [(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India; (b) dock, wharf or jetty;][(c) inland vessel, mechanically propelled;] (d) mine, quarry or oil-field; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted, or manufactured, with a view to their use, transport, or sale; (g) establishment, in which any work relating to the construction, development, or maintenance of buildings, roads, bridges, or canals, or relating to operations connected with navigation, irrigation, or the supply of water, or relating to the generation, transmission, and distribution of electricity or any other form of power is being carried on (h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein, and other relevant circumstances, specify, by notification in the Official Gazette].
Back to the main definition: (ii) A factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or (iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 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.
Hence, legally, when the required number of employees is there as per the threshold mentioned, the contractor's establishment becomes an entity under the Standing Orders Act, and the contractor, as an employer, needs to go for certification of a separate standing order for his establishment. This is a valid document between the contractor and his employees on terms of employment and other aspects. In case of any disciplinary issue, the contractor has to take action on his employees only based on his standing order carried.
In the case of the Principal Employer, there will be a separate standing order for that establishment governing the direct employees of the Principal Employer.
From India, Chennai
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Industrial Employment Standing Orders Act 1946.pdf
Leaves under Pb. Shops Act ( Haryana State).doc