Prior to the passing of this Act, conditions of employment obtaining in several industrial establishments were governed by contracts between the employers and their employees.
There was nothing in law to prevent an employer from entering into different contracts
of employment with different workers of the same category.
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This led to confusion and made discriminatory treatment possible. To do away with this confusion, the Industrial Employment (standing orders) Act was passed in 1946.
This Act requires employers in specified industrial establishment to define precisely the conditions of employment including the rules of discipline and procedure for punishment for indiscipline and also to make them known to the workmen.
Among other matters, standing orders define disciplinary action for misconduct, acts of omission, which constitute misconduct and various forms of punishment.
The matters to be defined are prescribed in the schedule of the act. It should be noted that it is not permissible for the employers to frame standing orders in respect of the matters not provided for in the schedule of the Act. The standing orders should include:
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1. Classification of workmen (permanent, temporary, apprentices, probationer or badli)
2. Manner of intimating to workmen periods and hours of work, holidays, pays days and wage rates.
3. Shift working.
4. Attendance and late coming.
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5. Conditions or procedure in applying for, and the authority, which may grant leave and holidays.
6. Requirement to enter premises by certain gates and liability to search.
7. Closing and reopening of sections of the industrial establishment and temporary stoppages of work and the rights and liabilities of the employer and workmen arising there from.
8. Termination of employment and the notice thereof to be given by employer to workman.
9. Disciplinary action for misconduct, acts of omission which constitute misconduct and various forms of punishment.
10. Means of redress of workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter, which may be prescribed by the appropriate government.