Model Standing Orders Applicable to Workmen

Standing orders of JONAS LANG LA SALLE Level 8 Tower II TVH Beliciaa

Towers, Block No. 94 MRC Nagar Chennai 600028

1. Classification of workmen.—Workmen shall be classified as

follows, namely :--

(1) Permanent.

(2) Probationers;

(3) Temporary.

(4) Badli;

(5) Casual ;

(6) Seasonal ; and

(7) Apprentices.

2. Definitions.—(a) A ‘permanent workman’ is one who is employed

on a permanent basis and includes any person who has satisfactorily
completed the prescribed period of probation in the same or higher or
equivalent category in the industrial establishment.

(b) A ‘probationer’ is one who is provisionally employed to fill a

permanent vacancy in a post and has not completed the period of
probation which shall be three months in the case of unskilled workmen
and six months in respect of those other than unskilled :

Provided, in any particular case, the management may extend the period
of probation of any workmen upto a further period equivalent to the
period of probation prescribed, if they are not satisfied with the work
and/or conduct of any workman during the period of probation. In any
case where the period of probation is extended, the concerned workmen
shall be informed in writing at least one week before the normal date of
the completion of probation and in the absence of any such intimation the
workman shall be deemed to have satisfactorily competed his probation
on the normal date. If a permanent workman is employed in a different
post, he may, at any time during the probationary period, be reverted to
his old permanent post.

(c) A ‘temporary workman’ is one who has been employed for work
which is of an essentially temporary nature likely to be finished within a
specified period.
(d) ‘Badli’ is a workman who is employed in the place of another
workman whose name is borne on the muster rolls of the establishment.

(e) ‘Casual workman’ is one who is employed for some unexpected or

unforeseen work, which is not likely to last continuously.

(f)‘Seasonal workman’ is one who is employed on seasonal basis during

the working seasons only but whose name will be no the muster roll of the
factory and who will be eligible for re –employment during every working
season.

(g) ‘Apprentice’ is one who is engaged essentially in learning any skilled

work provided that the period of such learning shall not exceed one year
for those with prescribed technical qualification and three years for others.

3. Issue of department al tickets to workmen.—(1) Every

workman shall be provided with a ticket showing his number, classification
of work and on attendance each day, shall deliver the ticket at the place
provided when entering the industrial establishment and take it back
when leaving the industrial establishment at the close of the day.

(2) Every badli, temporary seasonal and casual workman and

apprentice shall be provided with a special ticket showing his number,
classification of work and his attendance on the day he works which he
shall deliver at the place provided when entering the industrial
establishment and take it back when leaving the industrial establishment
at the close of the day :

Provided that the ticket system shall not apply to industrial establishments
where the system issue of metal tokens to workmen is in force or where
the workmen are required to sign the attendance register maintained for
the purpose or any other customary practice is in fore.

(3) Date and manner of payment of unclaimed wages. – Any wages due
to a workman but not paid no the usual pay day on account of their being
unclaimed shall if a claim is presented by the workman, or by his legal
representative within three years from the date on which the wages
become due to the workman, be paid by the employer to the workman or
to his legal representative as the case may be, on such unclaimed wage
pay day in each week, as may be notified in this behalf.

(4) Shift working (1) At the discretion of the employer more than one
shift may be worked in a department or departments or any section of a
department of the establishment. If more than one shift is worked, the
workman shall be liable to be transferred from one shift to another. No
shift working shall be discontinued without one month’s notice being
given in writing to the workmen prior to such discontinuance:
Provided that no such notice shall be necessary

(a) If the establishment is a seasonal one where work is carried on

intermittently; or

(b) If the closing of the shift is under an agreement; or

(c) If as a result of closing of the shift no permanent workman will be

retrenched; or

(d) If the closure is due to circumstances beyond the employer’s

control.

(2) If as a result of the discontinuance of the shift working, any workman is

to be retrenched, the provisions of the Industrial Disputes Act, 1947
(Central Act XIV of 1947) shall in so far as it relates to retrenchment of
workmen, apply to such workman. If the employer proposes to take into
his employ any person, the workman retrenched shall be given notice and
re-employed in accordance with the abovesaid Act.

6. Attendance and late coning.—(1) All workmen shall be at work in

the industrial establishment at the time fixed and notified. Workmen
attending late shall be liable to the deductions provided for the payment
of Wages Act, 1936.

(2) Any workman, who after presenting his ticket, leaves his proper
place or places of work during any period of the working hours without the
permission of the authority to be specified by the management or without
any sufficient reason, shall be liable to be treated as absent for the whole
day, in case his absence commences before the interval for rest and for
half-a-day in case his absence commences after the interval.

7. Procedure for the grant of leave to workman (***). –A

workman who desires to obtain leave of absence shall apply to the
manager who shall issue orders on the leave application within a week of
its submission or tow days prior to the commencement of leave applied
for. If the leave is granted, a leave pass shall be issued. If the leave is
refused or postponed, the fact of such refusal or postponement and
reasons therefor shall be recorded in writing and commencement to the
workman concerned before the day of commencement of the leave
applied for if the application for leave had been received at least two days
in advance. If the workman after proceeding on leave desires an extension
thereof, he shall before the expiry of the leave originally granted to him
make an application in writing for the purpose to the authority granting
leave, who shall send to the workman a written reply either granting or
refusing the extension of leave to his last known address. If the leave is
required urgently, it shall be applied at least within half-an-hour before the
industrial establishment starts working.

8. Grant of casual leave.—Workman may be granted casual leave

for ten days in the aggregate in a calendar year. Casual leave is intended
only to meet special circumstances : Provided that the period of such
casual leave taken at any time or on any one occasion shall not exceed
three days, nor shall casual leave be combined with any other leave :

Provided further, that this standing order shall not apply in cases where a
workman shall be entitled under any other law, contract, custom or usage
to a large number of days of casual leave than that provided for under
this standing order.

Ordinarily the previous permission of the head of the department in the

establishment shall be obtained before such leave is taken, but when this
is not possible, the head of the department shall as soon as may be
practicable be informed in writing of the absence from and of the probable
duration of such absence.

9. Entry into and departure from establishment of workman.—

The workman shall not enter or leave the premises of the industrial
establishment except by the gate or gate provided for the purpose.

10. Liability for search.—All male workers shall be liable to be

searched by the gateman while leaving the premises of the industrial
establishment and all female workers shall be liable to be detained by the
gateman for search by the female searcher, if acting without malice, the
gateman suspects that any worker is in wrongful possession of property
belonging to the industrial establishment ;

Provided that no search shall be made except in the presence of two

other persons of the same sex as the suspected worker.

11. Temporary closure of departments and lay-off of workmen for

causes beyond the control of the employer.—(1) The employer may,
at any time, in the event of fire, catastrophe, breakdown of machinery, or
stoppage of power supply, epidemic, civil commotion or other cause
beyond his control, shop working any machine or close any department or
departments wholly or partially for any period or periods.
(2) In the event of any such stoppage or closure during working hours, the
workmen affected shall be notified by notices put upon notice boards in
the department concerned and at the time-keeper’s office, as soon as
practicable, when work will be resumed and whether they are to remain or
leave the industrial establishment. The workman detain in the industrial
establishment during such stoppage or closure shall be entitled to receive
wages for the whole of the time during which they are detained in the
industrial establishment.

Explanation.—In the case of a workman who is paid at piecerate, the

wages due for the period of detention shall be calculated taking into
account the average daily earnings of the workman for the previous wage-
period in which he has worked excluding the overtime and night-shift
allowance.

12. Resumption of work after temporary closure.—Any workman

who has no work on account of the closure referred to in standing order
11, shall not be considered as discharged from service, but as temporarily
unemployed. Whenever practicable, reasonable notice shall be give for
resumption of normal work to the workmen and all workmen laid off under
standing order 11 who present themselves for work when the normal
working is resumed shall be allowed to resume work :

Provided that any workman who for any bonafide reason is unable to
resume work on the day of resumption of normal work, may be permitted
to resume the work subsequently, if he presents himself within a
reasonable time to the satisfaction of the employer.

13. Closure due to strike and resumption of work thereafter.—In

the event of a strike affecting either wholly or partially any one or more
departments of the industrial establishment, the employer may subject to
the provisions of the Industrial Disputes Act, 1947 (Central Act XIV of
1947), or of the rules made thereunder, close down either wholly or
partially such department or departments and any other department or
departments affected by such closing down and for any period of periods.
The fact of such closure shall be notified by notices put upon the notice
board in the departments concerned and in the time-keeper’s office as
soon as practicable. The workmen concerned shall also be notified by a
general notice, prior to the resumption of work, when work will be
resumed.
14. Termination of employment of workmen-(1) Subject to the
provisions contained in standing order 17, no employer shall dispense with
the service of any workman with not less than one year of continuous
service except for a reasonable cause and without giving such workman
atleast one month’s month’s or wages in lieu of such notice.

(2) In cases of retrenchment as defined in section 2 (oo) of the

Industrial Disputes Act, 1947 (Central Act XIV of 1947), the provisions of
the said Act shall apply :

Provided that no such notice shall be necessary in the case of badli and
apprentices.

(3) No order of termination of service of a workman shall be made

unless the workman is informed in writing of the reasons for the
termination of his service and is given an opportunity to show cause
against such termination. A copy of the said order shall be communicated
to the workman.

(4) Where the employment of any workman is terminated by or on

behalf of the industrial establishment, the wages earned by him shall be
paid before the expiry of the second working day form the day on which
his employment was terminated or the same shall be made available to
him by the drawer of the wages, in case he dose not turn up for receiving
the wages.

15. Liability of workmen to give notice before voluntarily leaving

service.—Any permanent workman desirous of leaving the service shall
give one month’s or one month’s wags in lieu of notice to the employer or
to such other officer as the employer may appoint to exercise the
functions of an employer in connection with the business of the industrial
establishment. The wages due to such a workman shall, if possible, be
paid on the date on which the notice expires and in any case within two
days after the expiry of the notice:

Provided that the period of notice to be given by an employee in the case

of a seasonal factory shall be two months instead of one month, as
specified above.

16. Acts and omissions constituting misconduct.—The following

acts and omissions shall be treated as misconduct :--
(a) wilful insubordination or disobedience, whether alone or in
combination with another or others, of any lawful and reasonable order of
a superior;

(b) strike of work or inciting others to strike work in contravention of the

provisions of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), or
any other enactment or rule for the time being in fore.

(c) theft, fraud or dishonesty in connection with the employer’s

business or property ;

(d) taking or giving bribes or any illegal gratification, whatsoever ;

(e) habitual absence without leave or absence without leave for more
than 10 consecutive days ;

(f) habitual late attendance ;

(g) habitual breach of any standing orders ;

(h) collection of any moneys within the premises of the industrial

establishment for purposes not sanctioned by the employer ;

(i) engaging in trade within the premises of the industrial

establishment ;

(j) drunkenness, riotous or disorderly behaviour during working hours

in the premises of the industrial establishment or any act subversive of
discipline ;

(k) negligence or neglect of work ;

(l) habitual breach of any rules or instructions for the maintenance and
running of any department or the maintenance of the cleanliness of any
portion of the premises of the industrial establishment ;

(m) undertaking employment under any other employer or company in

any capacity without the permission of the management ;

(n) sleeping while on duty ;

(o) smoking except in places specified and set apart for the purpose ;

(p) distribution or exhibition within the premises of the industrial

establishment of any bills or pamphlets or posters without the previous
sanction of the employer ;

(q) wilful damages or damages due to negligence or carelessness to

work in process or to any other property of the company ;
(r) failure to observe duly notified safety instructions or interference
with any safety device or equipment installed within the industrial
establishment;

(s) wilful slowing down in performance of work, or abetment or

instigation thereof ;

(t) threatening , abusing, intimidating or assaulting any workman

outside the premises of the establishment, if such threat, abuse,
intimidation or assault is in connection with the employment in the
establishment ;

(u) disclosing to any person trade information with regard to the

working or process in the establishment, without the prior permission of
the management ;

(v) squatting or remaining anywhere within the premises of the

establishment other than the appointed place with a view to intimidate,
coerce or threaten the establishment;

(w) interfering with machines or process not connected with the work
allocated and/or asked to do by a member of the supervisory staff ;

(x) conviction by any Court of law for any criminal offence involving
moral turpitude ;

(y) deliberately making false, vicious or malicious statements, public or

otherwise, against the industrial establishment or any officer or employee
of the establishment ;

(z) loitering, idling or wasting time during working hours or being within
the establishment out of the authorised hours or work without previous
within permission of the head of the department.

(aa)Intimidating, coercing or threatening any doctor at an E.S.I. Hospital or

Dispensary to issue sickness certificate when the worker is not sick .

17. Punishment for misconduct.—(1) A workman may be fined upto

two per cent, of his wages in a month for acts and omissions notified by
the employer in pursuance of section 8 of the Payment of Wages Act,
1936.

(2) The employer may withhold the increment due to a workman, if he

is on an incremental scale or demote him to a lower post.

(3) A workman may, on a charge misconduct supported by satisfactory

evidence recorded at an enquiry held for the purpose by suspended for a
period not exceeding 30 days or dismissed but such workman shall not be
entitled to any notice or any compensation in lieu of such notice.

(4) (a) Where a disciplinary proceeding against a workman is

contemplated or is pending or where criminal proceedings against him in
respect of any offence are in progress and the employer is satisfied that it
is necessary or desirable to place the workman under suspension, he may
by order in writing, suspend him with effect from such date as may be
specified in the order. A statement setting out in detail the reasons for
such suspension shall be supplied to the workman within a week from the
date of suspension.

(b) A workman who is placed under suspension under clause (a), shall,
during the period of such suspension, be paid a subsistence allowance at
the following rates, namely:--

(i) where the enquiry contemplated or pending is departmental, the

subsistence allowance shall , for the fist ninety days from the date of
suspensions, be equal to one- half of the basic wages, dearness allowance
and other compensatory allowances to which the workman would have
been entitled, if he were on leave with wages. If the departmental enquiry
gets prolonged and the workman continues to be under suspension for a
period exceeding ninety days, the subsistence allowance shall, for such
period, be equal to three-fourths of such basic wages, dearness allowance
and other compensatory allowances:

Provided that where such enquiry is prolonged beyond a period of ninety

days for reasons directly attributable to the workman, the subsistence
allowance shall, for the period exceeding ninety days, be reduced to one-
forth of such basic wages, dearness allowance and other compensatory
allowances.

(ii) Where the inquiry is by an outside agency or, as the case may be,
where criminal proceedings against the workman are in progress, the
subsistence allowance shall, for the first one hundred and eighty days
from the date of suspension, be equal to one-half of his basic wages,
dearness allowance and other compensatory allowances to which the
workman would have been entitled to if he were on leave. If such enquiry
or criminal proceedings gets prolonged and the workman continues to be
under suspension for a period exceeding one hundred and eighty days,
the subsistence allowance shall, for such period, be equal to three-fourths
of such basic wages, dearness allowance and other compensatory
allowances :

Provided that where such enquiries or criminal proceedings are prolonged

beyond a period of one hundred and eighty days for reasons directly
attributable to the workman, the subsistence allowance shall, for the
period exceeding one hundred and eighty days, be reduced to one-fourth
of such basic wages, dearness allowance and other compensatory
allowances.

(bb) A copy of the enquiry proceedings shall be given to the workman

concerned at the conclusion of the enquiry on request by the workman.

(c) If on the conclusion of the inquiry or, as the case may be, of the
criminal proceedings, the workman has been found guilty of the charges
framed against him and it is considered, after giving the workman
concerned a reasonable opportunity of making representation on the
penalty proposed that an order of dismissal or suspension of fine or
stoppage of annual increment of reduction in rank would meet the ends of
justice, the employer shall pass an order accordingly :

Provided that when an order of dismissal is passed under this clause, the
workman shall be deemed to have been absent from duty during the
period of suspension and shall not be entitled to any remuneration for
such period, and the subsistence allowance already paid to him shall not
be recovered :

Provided further that when an order of suspension is passed under this

clause and the period between the date on which the workman was
suspended form duty pending the enquiry or investigation or trial and the
date on which the final order of suspension was passed exceeds thirty
days, the workman shall be deemed to have been suspended only for
thirty days or for such shorter period as is specified in the said final order
of suspension and for the remaining period he shall be entitled to the
same wages as he would have received if he had not been placed under
suspension, after deducting the subsistence allowance paid to him for
such period :

Provided also that where an order imposing fine or stoppage of annual

increment or reduction in rank is passed under this clause, the workman
shall be deemed to have been on duty during the period of suspension
and shall be entitled to the same wages as he would have received if he
had not been placed under suspension, after deducting the subsistence
allowance paid to him for such period :

Provided also that in the case of a workman to whom the provisions of

clause (2) of Article 311 of the Constitution apply, the provisions of that
Article shall be complied with.

(d) If on the conclusion of the inquiry or , as the case may be, of the
criminal proceedings, the workman has been found to be not guilty of any
of the charges framed against him, he shall be deemed to have been on
duty during the period of suspension and shall be entitled to the same
wages as he would have received if he had not been placed under
suspension, after deducting the subsistence allowance paid to him for
such period.

(dd) The proceedings of the enquiry shall be recorded in English or

Tamil or in the language understood by the workmen.

(e) The payment of subsistence allowance under this standing order

shall be subject to the workman concerned not taking up any employment
during the period of suspension.

(5) In awarding the punishment under this standing order the employer
shall take into account the gravity of the misconduct, the previous record
of the workman and any other extenuating or aggravating circumstances,
that may exist.

(6) If a workman who is suspended is after enquiry dismissed by the

employer he shall be deemed to have been dismissed with effect on and
from the date of suspension, unless otherwise indicated in the order of
dismissal.

(7) A copy of the order passed by the employer shall be communicated

to the workman concerned.

17. Redress of grievance against unfair treatment.—All complaints

arising out of his employment including those relating to unfair treatment
or wrongful exaction on the part of the employer or his agent or servant
shall be submitted by the workman or on his behalf by a union of which he
is a member to the manager or such other officer or officers as the
employer may appoint. The employer or such other officer authorised by
him in this behalf shall personally inquire into the complaint at such time
and place as he or they may fix and the complainant workman or the
employee member of the union shall have the right to be present. When
the complainant alleges unfair treatment or wrongful exaction on the part
of the employer or servant, a copy of the order finally passed shall be
supplier to the complainant if he asks for the same. In other cases, the
decision of the enquiring officer shall be communicated to the
complainant :

Provided that complaints relating to—

(i) assault or abuse by any person holding a supervisory position ; and

(ii) refusal of an application for urgent leave

shall be enquired into as expeditiously as possible by the employer or
such other officer as may be authorised by him in this behalf.

19. Issue of service certificate.—Every permanent workman shall

be entitled to a service certificate at the time of leaving the service,
dismissal or discharge.

20. Notice for absence from duty and penalty for absence
without due notice.—If ten or more workmen acting in convert and
without giving to the employer fourteen days notice and without
reasonable cause absent themselves from work or being present at the
workspot refuse to work, each one of them shall be liable to pay to the
employer in lieu of such notice an amount equal to his wages for eight
days.

Explanation.—For the purpose of this standing order, the expression

“wages” shall have the meaning assigned to it in the Payment of Wages
Act, 1936 (Central Act IV of 1936).

21. Retirement.—Every workman shall retire on attaining the age of

58 (Fifty- eight) Years which shall be the age of superannuation, provided
that the management may in their discretion extend the period of service
of any workman on reaching the said age of superannuation for such
longer period as may be considered necessary.

22. Notice - (1) Any matter required to be notified under these

standing orders and any notice by the employer to the workman in the
industrial establishment shall be displayed on notice boards maintained
for the purpose at conspicuous place in the premises of the industrial
establishment.

(2) Any notice or communication intended for any workman personally

may be delivered to him personally in the premises of the industrial
establishment or sent to him by post to the address of the workman as
specified in the service records or as otherwise furnished by him.

(3) Any matter required to be notified under these standing orders and
any notice or communication by the employer to the workmen in the
industrial establishment shall be in Tamil : Provided that if the majority of
the workmen in the industrial establishment know English or any other
regional language and express a desire to receive communication in that
language, the communication may be sent to the workmen in that
language.