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
From India, New Delhi
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16I 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
From India, New Delhi
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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.
From India, Pune
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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.
From India, Pune
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My question is Model Standing Orders are prepared by central govtt or state govtt or who issued the Modal Standing Orders?
From India, New Delhi
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From India, New Delhi
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Contract Labour is Central Act but State are having there separate Rules....
From India, Pune
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From India, Pune
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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
From India, Mumbai
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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
From India, Mumbai
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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.
From India, Nellore
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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.
From India, Nellore
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