AP Industrial Employment Standing Order Rules
SCHEDULE I
Model Standing Orders
1. In these Standing Orders, unless there is anything repugnant in the subject or contest --
(a) “Habitual” means involving repetition of an act or omission for a minimum of 4 times within a period of 12 months.
(b) “Ticket” includes a card, pass or a token.
2. Workman may be classified as :
(a) permanent workmen ;
(b) probationers;
(c) “badlies” or substitutes;
(d) temporary workmen;
(e) casual workmen;
(f) apprentices; and
(g) seasonal workmen;
“Permanent workman” means a workman appointed in a permanent vacancy and whose appointment has been confirmed in writing by the employer; and includes a workman who has completed a satisfactory probation of 6 months in the aggregate in the same or another occupation in the establishment including the break due to sickness, accident, leave, lockout strike (not being an illegal strike), or involuntary closure of the establishment.
2. (a) “Probationer” means a workman who is provissonally employed to fill a permanent vacancy and who has not completed six months satisfactory service in the aggregate in the post:
Provided that the employer may in any particular case where he is not satisfied with the work and conduct of any workman extend the probation by such period not exceeding six months as he may consider necessary :
Provided further that the employer shall inform the concerned workmen in writing of such extension atleast a week before the completion of the probation.
(c) “Badli” or substitute means a workman who is appointed to the post of a permanent workman or probationer who is temporarily absent and whose name is entered in the badli register.
(d) “Temporary workman” means a workman who has been appointed for limited period for work which is of an essentially temporary nature, or who is employed temporarily as an additional workman in connection with temporary increase in work of a permanent nature.
(e) “Casual workman” means a workman who is employed for work which is essentially of an occasional or casual nature.
(f) “Apprentice” means a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship.
(g) “Seasonal workman” means a workman who is employed in a seasonal establishment like tobacco, sugar, (including Gur), cotton ginning, cotton and jute pressing, decorticating of groundnuts etc., on works essentially of a seasonal character and whose name has been borne on the factory seasonal roll.
3. If a permanent workman is appointed on probation in a post, he may, at any time during the probation, he may, at any time during the probation, be reverted to his old permanent post by an order in writing signed by the employer.
4. (1) An apprentice shall be paid a stipend.
(2) The period of apprenticeship training shall be specified for each trace but in no case shall exceed two years.
(3) Notwithstanding anything contained in clauses (1) and (2) above where the Apprentices Act, 1961 applies to an industrial establishment, the provisions of that Act shall apply.
5. (1) For each class of workman specified herein above a distinctive ticket shall be provided bearing the name of the class.
(2) Every workman shall be given a ticket bearing –
(i) the name of the department in which he is working’ and
(ii) his number.
(3) Every workman shall, when entering the establishment, deliver up his ticket at the place provided and shall show his ticket whenever required (except when it is not in his possession by reason of its having been so delivered) to any person authorised by the employer in this behalf.
6. Notices showing the periods and hors of work for every class and group of workmen in the establishment and for shift shall be displayed on notice boards maintained for the purpose in the department concerned, at the time keeper’s officer and at or near the main entrance of the establishment or in accordance with the provisions of the Factories Act, 1948, where that Act applies.
7. Notices specifying weekly holiday, the dates on which compensatory holidays, if any, to be allowed and the days on which wages are to be paid under the various provisions of statutory enactments by which the establishment concerned is covered, shall be displayed on the said notice boards.
8. Notices specifying the rates of wages, showing separately the allowances, if any, payable to each class of workmen and for each class of work shall be displayed in a conspicuous position in the department in which the workmen concerned are working.
9. (1) An unclaimed wages pay day for week (i.e., a day on which wages due to a workman and not paid on the usual pay day for want of claim are to be paid) shall be notified on the notice boards along with the notices to be displayed under Standing Order No. 7.
(2) The unclaimed amount of wages due to a workman shall be paid on the unclaimed-wages pay day following the day on which a sustained claim was presented by the workman or on his behalf by his legal representative, provided, that such claim is submitted within 3 years from the date the claim falls due.
10. More than one shift may be worked in a department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shift is worked, the workmen shall be liable to transfer from one shift to another. No shift working shall be discontinued without twenty-one days’ notice being given in writing to the workmen prior to such discontinuance, provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workmen affected.
11. The employer may close down temporarily the whole establishment or a department or a section of a department of the establishment, purely on business grounds, by giving one month’s notice to the workmen Before reopening such establishment, department or section of a department, as the case may be, seven days’ notice shall be given. Workmen affected by such closure shall be paid compensation i n accordance with the provisions of the Industrial Disputes Act, 1947 wherever applicable.
12. Notices of –
(i) starting, re-starting, alteration and discontinuance of shift working;
(ii) closure and re-opening of a department or section of a department; and
(iii) closure and re-opening of the establishment shall be displayed in the Time-Keeper’s Office, at the main entrance to the establishment and at the gate or gates appointed for the entrance and exist of the workmen, and in the case of a department or section, also in the department or section concerned.
13. (1) All workmen shall be at work in the establishment at the time fixed and notified. Workers attending late may be treated as absent, or allowed to work and deductions made from their wages in accordance with the Payment of Wages Act, 1936.
(2) Any workman who is found absent from his place of work during the working hours without permission or without sufficient reason may be treated as absent for the period of his absence and deductions from his wages made in accordance with the said Act.
14. (1) Holidays with pay will be allowed as provided for in Chapter VIII of the Factories Act, 1947 and other holidays in accordance with law, contract, custom and usage.
(2) A workman who desires to obtain leave of absence shall apply giving his address to the manager who shall issue order, on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier; provided that, if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted a leave pass shall be issued to the worker. If the leave is refused or postponed the fact of such a refusal or postponement and the reasons therefore shall be recorded in writing in register to be maintained for the purpose and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof, he shall apply giving his address to the manager, who shall send a written reply either granting or refusing the extension of leave to the workman, if such reply is likely to reach him before the expiry of the leave originally granted to him.
(3) If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he returns within eight days of the expiry of the leave and explains to the satisfaction of the manager, It is inability to return before the expiry of his leave. If the workman loses his lien on his appointment, he shall be entitled to be on the `Badli’ list.
(4) Sick leave will be granted normally on the production of a medical certificate from the medical officer of the industrial establishment if any exists or if Employees State Insurance Scheme is in force, from the Medical Officer of the Employees State Insurance Corporation, and where neither exists, from any registered medical practitioner or registered Vaid or Hakeem.
Any worker who desires to obtain sick leave shall apply to the head of his department.
(5) A worker may subject to the exigencies of the establishment and at the discretion of the employer be granted casual leave of absence to meet unforeseen circumstances. The previous permission of the head of his department shall ordinarily be taken by the workman before such leave is taken except in emergency when a worker may inform in writing the Head of his Department of the commencement of absence and the probable duration of such absence.
15. Except in the case of casual workers, a record shall be maintained in a register of all leave of absence other than casual leave, which is sanctioned, refused or postponed, and reasons for refusal or postponement, shall in every case be entered therein.
16. No workman shall enter or leave the premises of the establishment except by the gate or gates specified for the purpose.
17. (1) Any workman may, when leaving the premises of the establishment, be searched at the point of exit by the gateman.
(2) Any female worker may be detained by the gateman for search by a female searcher if he suspects that she is in wrongful possession of property belonging to the establishment.
(3) Every search shall be conducted in the presence of not less than two persons where practicable and a woman worker shall not be searched in the presence of any male person except with her consent.
(4) Subject to the provisions of the above clauses, any member of a Works Committee, wherever existing, may be present at a search made under this Standing Order.
18. (1) The employer may, at any time in the event of fire, catastrophie breakdown of machinery or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any period or periods of work without notice.
(2) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the departments concerned or at the officer of the manager, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece-rate worker, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given of resumption of normal work.
(3) Where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.
(4) The employer may in the event of a strike affecting either wholly or partially any section or department of the establishment, close down either wholly or partially such section or department and any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the Time-keeper’s Office, if any, as soon as practicable. The workmen concerned shall also be notified by a General Notice, prior to resumption of work as to when work will be resumed.
19. (1) No permanent workman, and no other workman, who has been in continuous service for not less than one year under the employer, shall have his services terminated until the workman has been given one month’s notice in writing indicating the reasons for termination and the period of notice has expired or the workman has been paid in lieu of such notice, wages for the period of notice:
Provided that the provisions of this Standing Order shall not apply to cases of retrenchment within the meaning of clause (00) of section 2 of the Industrial Disputes Act, 1947.
(2) No temporary workman whether monthly rated, weekly-rated or piece-rated and no probationer or Badli or Seasonal or Casual work-man shall be entitled to any notice or pay in lieu thereof if his services are terminated but the services of a temporary workman shall not be terminated as a punishment unless he has been given as opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in clause No. 21.
(3) No permanent workman, and no other workman who has been in continuous service for not less than one year, shall leave the employment except after giving one month’s notice in writing and the period of notice has expired, or paying the employer an amount equal to one month’s wages in lieu of such notice.
(4) Where the employment of a workman is terminated or when he leaves the service, the wages earned by him shall be paid to him before the expiry of the second working day from the day on which his employment is terminated or he leaves his services, and all other sums due to him shall be paid within a reasonable time not exceeding 2 weeks.
20. The following acts and omissions on the part of a workman shall amount to misconduct :--
(a) wilful insubordination or disobedience, whether or not in combination with another, of any lawful or reasonable order of a superior ;
(b) striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law ;
(c) wilful slowing down in performance of work or abetment or instigation thereof ;
(d) theft, fraud or dishonesty is connection with the employer’s business or property ;
(e) taking or giving bride or any illegal gratification ;
(f) habitual absence without leave, or absence without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation :
(g) habitual late attendance :
(h) habitual breach of any standing order or any law applicable to the establishment or any rules made thereunder ;
(i) collection without the permission of the employer of any money within the premises of the establishment except as permitted by any law for the time being in force;
(j) engaging in trade within the premises of the establishment;
(k) riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;
(l) habitual neglect of work or gross or habitual negligence;
(m) 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 establishment;
(n) repetition of any act or omission for which fine may be imposed under the Payment of Wages Act or any other Act applicable to the establishment;
(o) canvassing for union membership or the collection of union dues within the premises of the establishment, except in accordance with any law or with the permission of the employer;
(p) wilful damage to work in process or to any property of the establishment :
(q) holding meetings inside the premises of the establishment without the previous permission of the employer or except in accordance with the provisions of any law for the time being in force;
(r) disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work;
(s) gambling within the premises of the establishment;
(t) smoking in prohibited place;
(u) sleeping while on duty;
(v) conviction in any Court of Law for an offence involving moral turpitude;
(w) giving false information regarding one’s age, father’s names qualification or previous service at the time of employment;
(x) threatening, abusing or assaulting any superior or co-worker;
(y) money-lending in the premises ;
(z) preaching of or inciting to violence, in relation to maters.
21. (1) A workman guilty of misconduct may be punished with—
(a) warning; or
(b) censure; or
(c) fine, consistently with the provisions of the Payment of Wages Act or any other Act applicable to the establishment; or
(d) stoppage, for a specified period not exceeding 3 years, of increment if due u nder graded scale of pay wherever applicable ; or
(e) suspension for a period not exceeding 15 days; or
(f) revision to the next power grade; or
(g) dismissal
(2) No order of punishment for misconduct shall be made except after holding an enquiry against the workman concerned in respect of the alleged misconduct in the manner set forth in clause (4),
(3) A workman against whom an enquiry has to be held shall be given a charge sheet clearly setting forth the circumstances appearing against him and requiring explanation. He shall be given an opportunity to answer the charge and permitted to secure during enquiry the assistance of a co-workman or office bearer of a recognised union; provided that a list of the office-bearers not exceeding six to be nominated for this purpose shall be furnished by the union every year in January and July. No postponement of proceedings may be given at any stage of enquiry on the ground merely of nonavailability of the person whose assistance is sought, except for reasons to be recorded in writing by the Officer holding the enquiry. The workman shall be permitted to produce witness for his defence and cross-examine any witness on whose evidence the charge rests. A concise summary of the evidence led on either side on the workman’s plea shall be recorded. A copy of the record of enquiry may be given if asked for after the enquiry.
(4) (a) Where a disciplinary proceeding for misconduct against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial 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 o f suspension.
(b) A workman who is placed under suspension under clause (a) shall, during the period of suspension be paid a subsistence allowance at the following rates, namely :--
(i) where the disciplinary proceeding contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension equal to one half 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 proceeding gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for the period exceeding ninety days be equal to three-fourths of such basic wages, dearness allowances and other compensatory allowances :
Provided that where such proceeding 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-fourth of such basic wages, dearness allowances and other compensatory allowances;
(ii) where the disciplinary proceeding is by the police or by any Court of law or where criminal proceedings against the workman are under investigation or trial, 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 allowance to which the workman would have been entitled to, if he were on leave. If such disciplinary proceeding 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 the period exceeding one hundred and eighty days be equal to three-fourths of such wages:
Provided that where such disciplinary proceeding or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence shall for the period exceeding one hundred and eighty days, be reduced to one-fourth of such wages.
(c) If on the conclusion of the disciplinary proceeding 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 him a reasonable opportunity of making representation on the proposed penalty that an order of dismissal or suspension or fine or stoppage of annual increment or 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 where the period between the date on which the workman was suspended from duty pending the proceeding or investigation or trial and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the shall 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 be 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 disciplinary proceedings 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.
(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.
(6) In awarding punishment under this Standing Order, the employer shall take into account the gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist.
22. (1) A workman may be warned or censured, or subject to and in accordance with the provisions of the Payment of Wages Act, 1936, fined for any of the following acts and omissions;
(a) absence without leave without sufficient cause:
(b) late attendance:
(c) negligence in performing duties;
(d) absence without leave or without sufficient cause from the appointed place of work
(e) entering or leaving or attempting to enter or leave the premises of the establishment except by a gate or entrance appointed;
(f) committing nuisance on the premises of the establishment;
(g) breach of any rule or instruction for the maintenance or running of any department.
(2) No order of punishment for the above acts or omissions shall be made unless the workmen concerned have been given an opportunity to explain.
23. (1) Any workman desirous of the redress of a grievance arising out of his employment or relating to unfair treatment or wrongful exaction on the part of a superior shall, wither himself or through an official of trade union of which he is a member, submit a complaint to the employer or any officer appointed by the employer in this behalf.
(2) The employer or any such officer shall personally investigate the complaint at such time and place as he may fix. The workman or any other workman o f his choice shall have the right to be present at such investigation. Where the complainant alleges unfair treatment or wrongful exaction o n the part of superior, a copy of the order finally made by the employer shall be supplied to the complainant if he asks for one. In other cases the decision of the investigation officer and the action, if any taken thereon by the employer shall be intimated to the complainant:
Provided that complaints relating to assault or abuse by any person holding a supervisory position or refusal of any application for urgent leave shall be enquired into immediately by the employer or such other officers as he may appoint.
24. (1) A workman shall be required to vacate his employment on reaching the age of superannuation to be notified by the employer provided that the employer may re-employ the superannuated workman if there are sufficient and cogent reasons to do so.
(2) If no correct date of birth is available the decision of the employer in consultation with the Company’s Medical Officer, regarding the age of any workman is binding and final.
25. An appeal lies against any decision taken on behalf of the employer upon any question arising out or, in connection with or incidental to these Standing Orders to the next higher authority.
26. Every workman, other than a causal workmen, who leaves service or retires, or is dismissed or discharged, shall without avoidable delay be given a service certificate if he asks for one.
27. (1) Notices to be exhibited or given under these Standing Orders shall be in English and also in the principle regional language of the district in which the establishment is situated.
(2) Any notice, order, charge-sheet, communication or intimation which is meant for an individual workman, and is given in writing under these Standing Orders, may be in the language understood by the workmen concerned.
(3) Before such notice, charge-sheet, communication or intimation is handed over to the workmen it shall be read out and explained to him if he so desires.
28. Nothing contained in these Standing Orders shall operate in derogation of any law for the time being in force or to the prejudice of any right under an agreement or contract of service, custom, usage or award applicable to the establishment.
29. A copy of these Standing Orders in English along with a true translation thereof i n the principal regional language of the district in which the establishment in situated, shall be exhibited in Time Keeper’s office.
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