Industrial Employment (Standing Orders) Central (Amendment) Rules, 2016

Repost

MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION

New Delhi, the 4th August, 2016

G.S.R.764(E).—

The following draft of certain rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946 which the Central Government proposes to make, in exercise of the powers conferred by section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), is hereby published as required under sub-section (1) of the said section for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken up for consideration after the expiry of thirty days from the date on which the copies of the Gazette of India in which this notification is published are made available to the public;

Objections or suggestions, if any, may be addressed to

The Joint Secretary,

Ministry of Labour and Employmen

(Industrial Relations Policy Legal Section),

Shram Shakti Bhavan,

Rafi Marg, New Delhi-110001; 

The objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the aforesaid period from the date of publication of this notification in the Official Gazette, shall be considered by the Central Government.

DRAFT RULES

1    (1)These rules may be called the Industrial Employment (Standing Orders) Central (Amendment)  Rules, 2016.

(2)They shall come into force on the date of their final publication in the Official Gazette.

2.        In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in the Schedule, in item-1, for the word “badlis” occurring at the end, the words “badlis or fixed term employment workmen in apparel manufacturing sector” shall be substituted.

3.         In the Industrial Employment (Standing Orders) Central Rules, 1946,-

(a) in rule 5, after item (6) and the entries relating thereto, the following item shall be inserted, namely:- “(6A) Number of fixed term employment workmen in apparel manufacturing sector;”;

(b) in Schedule 1,–– (i) in paragraph 2 ,–– (A) in sub-paragraph (a), after item (3) and the entry relating thereto, the following item shall be inserted, namely:-

“(3A) fixed term employment workmen in apparel manufacturing sector,”;

(B) after sub-paragraph (g), the following sub-paragraph shall be inserted, namely:-

‘(h) A “fixed term employment workman in apparel manufacturing sector” is a workman who has been engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and other benefits shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.”;

(ii) in paragraph 13, for sub-paragraph (2), the following sub-paragraph shall be substituted, namely:-

“(2) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947), no temporary workman whether monthly rated, weekly rated or piece rated, and no probationer or badlior fixed term employment workman in apparel manufacturing sector, as a result of non-renewal of contract or employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:

Provided that the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in paragraph 14.”;

(c) in Schedule 1A,––

(i)in paragraph 3,––

(A) in sub-paragraph (a), after item (vi) and the entries relating thereto, the following item shall be inserted, namely:-

“(vii) fixed term employment workmen in apparel manufacturing sector.”;

(B) after sub-paragraph (g), the following sub-paragraph shall be inserted, namely:-


‘(h) A “fixed term employment workman in apparel manufacturing sector” is a workman who has been engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and other benefit shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.’;


(ii) in paragraph 13, in sub-paragraph (b), for the portion beginning with “Subject to the provisions” and ending with “and badly workmen:”, the following shall be substituted, namely:-


“(b) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947),––


(i) no notice of termination of employment shall be necessary in the case of temporary and badly workmen;


(ii) no workman employed on fixed term employment basis in apparel manufacturing sector as a result of non-renewal of contract or employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:”.

 

[No. S-12011/1/2016-IR(PL)]

RAJEEV ARORA, Jt. Secy.

Note:–– The principal rules were published in the Gazette of India vide notification number LR 11 (37), dated the 18th December, 1946 and were lastly amended by notification number G.S.R.655(E), dated the 10th October, 2007 and corrigendum notification number G.S.R. 708(E), dated the 13th November, 2007.

Please visit the link provided below for complete notification:-

http://www.labour.nic.in/sites/default/files/171106.pdf