Draft - The Model Standing Orders for Service Sector, 2020
MINISTRY OF LABOUR AND EMPLOYMENTNOTIFICATIONNew Delhi, the 31st December, 2020
G.S.R. 814 (E).—The following draft of the Model Standing Orders, 2020 for service sector which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) of section 29 of the Industrial Relations Code, 2020 (35 of 2020) are being previously published inviting objections and suggestions from the persons affected within thirty days from the date of which the copy of the Official Gazette in which the draft is published will be available to the public;The objections and suggestions may be addressed to Shri Sanjeev Nanda, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No 17, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 or by e-mail – sanjeev.dom@nic.in. The objections and suggestions should be sent in a proforma containing columns (i) specifying the name and address of the person or organization and column (ii) specifying the paragraph or subparagraph of the said Model Standing Orders which is proposed to be modified and column (iii) specifying the revised paragraph or sub-paragraph proposed to be substituted and reasons thereof;Objection and suggestions, which may be received from any person or organization with respect to the said draft Model Standing Orders before expiry of the period of thirty days shall be taken into consideration.Draft Model Standing Orders
1. Short title, extent and commencement.- (1) These Model Standing Orders may be called the Model Standing Orders for Service Sector, 2020;(2) They extend to all States and Union territories within India to the industrial establishments employing three hundred or more number of workers who are working in the industrial establishments and which are covered under the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) and the rules made thereunder under the control of Central Government or the State Government engaged in service sector.(3) These Standing Orders shall come into force on the day of its publication in the Official Gazette. 2. Definition.- (1) In these Model Standing Orders, unless there is anything repugnant to the subject or the context,- (a) “Aadhaar” means the Aadhaar referred to in Section 142 of the Code on Social Security, 2020 (36 of 2020) (b) ‘Code‘ means the Industrial Relations Code, 2020 (35 of 2020);(c) ‘Form‘ means a form set out in Schedule appended to these standing orders;(d) ‘Habitual’ means with respect to indiscipline, a worker shall be habitual if the worker found guilty of any misconduct three or more times in preceding twelve months; and(e) “Standing Order” with its grammatical variation and cognate expressions, means the standing order of these model standing orders.(2) The words or expressions used in these model standing orders and not defined therein but defined in the Industrial Relations Code, 2020 (35 of 2020) shall have the respective meanings assigned to them in the definitions in the Code.3. (1) Classification of Worker.- For the purposes of these standing orders, the workers are classified as below, namely:-(a) Permanent;(b) Temporary;(c) Apprentices;(d) Probationers;(e) Badlis; and(f) Fixed Term Employment.(2) A Permanent worker is a worker who has been engaged on a permanent basis in an industrial establishment and includes any person who has satisfactorily completed a probationary period of six months in the same or another occupation in the industrial establishment including breaks due to sickness, accident, leave, lockout, strike (not being an illegal strike) or involuntary closure of the industrial establishment.(3) A Temporary Worker is a worker who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.(4) Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship under the Apprenticeship Act, 1961 (52 of 1961).(5) A Probationer is a worker who is provisionally employed to fill a permanent vacancy in a post and has not completed six months ‘service therein. The period of probation can be extended further period up to three months after assessing the performance of the probationer for the post, he has been appointed for. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of six months, be reverted to his old permanent post.(6) A badli is a worker who is appointed against the post of a permanent worker or probationer who is temporarily absent.(7) "Fixed term employment" means the engagement of a worker on the basis of a written contract of employment with the employer for a fixed period:Provided that—(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent worker doing the same work or work of similar nature;(b) he shall be eligible for all statutory benefits available to a permanent worker proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute;(c) he shall be eligible for gratuity, if he renders service under the contract for a period of one year; and(d) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to the worker at the rate of fifteen days‘ wages, based on rate of wages last drawn by the worker concerned as referred to in sub-section (2) of section 53 of the Code on Social Security, 2020 (36 of 2020).Explanation.- For removal of doubt, it is clarified that the termination of service of a worker as a result of completion of tenure of fixed term employment shall not be included within the meaning of “retrenchment“ as defined under clause (zh) of section 2 of the Industrial Relations Code, 2020 (35 of 2020).4. Identity Badge or Card.- (1) All workers belonging to any categories under the Code on Industrial Relations, 2020 (35 of 2020) shall be issued an identity badge or card bearing his full name, employee number, blood group, mobile number, if any, and a recent photograph.(2) A worker should always wear his identity badge or card during the working hours of the industrial establishment and produce the same to the authorized security guard or personnel to allow him the right of entry and stay in the premises of the industrial establishment.(3) Such identity badge shall not be transferable to any other persons or workers. Safe custody of the identity badges or cards shall be ensured by the concerned workers.(4) Every Worker, who ceases to be in employment of the industrial establishment or is suspended from services, shall surrender his identity badge or card to the Department Head or the designated officer of the industrial establishment for such purpose.5. Publication of Working Timings.- (1) The periods of hours of work for all categories of workers shall be exhibited on the notice board or Electronic Notice Board and on the Human Resource Portal/IT Application of the industrial establishment, if any, from time to time in Hindi, English and in local language majority of workers in the industrial establishment are conversant.Provided that in case of IT Sector, the working hour shall be as per agreement or conditions of appointment between employer and workers.(2) Any change in periods of hours of work, number of shifts, shift timings, work on all the days of the week with staggered weekly holidays system or like other matters, shall also be displayed on notice board or electronic notice board of the industrial establishment.6. Publication of Holidays, Pay days and Wage rates.- (1) Notices specifying the days observed by the industrial establishment as holidays, and pay days shall be posted on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any.(2) A list of national and Festival Holidays shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any.Explanation: If a worker is required to work on any Holidays, he/she shall be given benefits as per prevalent law(s) applicable to workers.7. Publication of wage band.- Wage bands payable to all categories of workers shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any in Hindi, English and local language majority of workers in industrial establishment are conversant.8. Shift working:- (1) More than one shift may be worked in a department or departments or any section of a department of the industrial establishment at the discretion of the employer. If more than one shift is worked, the worker shall be liable to be transferred from one shift to another. No shift working shall be discontinued without twenty one days’ notice being given in writing to the workers prior to such discontinuance:Provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workers affected or mutually agreed between employer and worker. If as a result of the discontinuance of the shift working, any worker is to be retrenched, such retrenchment shall be effected in accordance with the provisions of the Industrial Relations Code, 2020 (35 of 2020) and the rules made thereunder. If shift working is re-started, the workers shall be given notice and re-employed in accordance with the provisions of the said Code and the said rules.(2) Whenever an additional shift is started, or shifts are restarted or discontinued or altered, twenty- one days prior notice, shall be given to the affected workers:Provided that no notice shall be required in case of emergent situation which requires change of shift or shift working, otherwise than in accordance with Standing Order, in consultation with Grievance Redressal Committee in pursuant of clause (c) section 40 of the Industrial Relations Code, 2020 (35 of 2020):Provided further that if there is an agreement between employer and worker regarding change of shift, then no prior notice is required to given by the management/employer.Provided also that no notice shall be required, if such change is effected in accordance with the orders of the Central Government or State Government, as the case may be, or in pursuance of any settlement or award as envisaged in clause (d) of section 40 of the Industrial Relations Code, 2020(35 of 2020).9. Notice of changes in shift working.--Any notice of discontinuance or of re-starting of a shift working required by this Standing Order, shall be in form II appended to these standing orders and shall be served in the following manner, namely :-(a) The notice shall be displayed conspicuously by the employer on a notice-board or electronic notice board and Human Resource portal of the industrial establishment if any; and(b) Where any registered trade union of workers exists, then, a copy of the notice referred to in clause (a) shall also be served electronically or by registered post to the Secretary of such union.10. Work from home.- Subject to conditions of appointment or agreement between employer and workers, employer may allow a worker to work from home for such period or periods as may be determined by employer.11. Attendance and Late Coming.- (1) All workers shall be at work at the time fixed and notified under paragraph 5. Worker attending late will be liable for deduction provided for in the Code on Wages, 2019 (29 of 2019).
(2) All workers shall comply with the regulations related to hours of work for the time being in force.(3) Workers shall register their attendance at the start of the shift and at the close of the shift after and before change of uniform, if any, respectively.(4) Workers shall use identity card or biometrics or any other system as has been notified to register their attendance. (5) No worker shall use or punch the Identity badge other that his own under any circumstances.(6) Any worker, reporting late than the scheduled time for reporting shall not be permitted to enter his department or section, unless permitted by the express permission of the manager, or any other officer, duly authorized for such purpose.(7) A worker shall be deemed absent, if he/she fails to attend duty, unless he has obtained written permission for such absence from the manager or the Officer authorized in this behalf.(8) A worker who habitually comes late and remains absent will be liable to deduction of wages as provided under the Code on Wages, 2019 (29 of 2019).12. Leave.- (1) Holidays with pay will be allowed as provided for in the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020), and other holidays in accordance with law, contract, custom and usage applicable.(2) Leave cannot be claimed as matter of right.(3) A worker who desires to obtain leave of absence shall apply to the employer or any other officer of the industrial establishment specified in this behalf by the employer at least seven days in advance from the date of proposed date of leave. The employer or any other officer of the industrial establishment, who is responsible for issuing the order, shall issue the same within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier. If the leave has been applied and the leave is to commence on the date of the application or within three days thereof, then the worker shall mention the reason for late submission of application for leave. The order on such leave shall be given on the same day. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons there for shall be communicated to him in writing.(4) Where the worker after proceeding on leave desires an extension thereof, he shall apply to the employer or the officer specified in this behalf by the employer, who shall send a written reply either granting or refusing extension of leave to the worker if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.(5) Leave with wages and allowances shall be granted to all the workers in accordance with the law as applicable to the industrial establishment and under Standing Orders.(6) No employee while on leave shall take up any employment or any vocation for profit or gain.13. Casual Leave.- A worker may be granted casual leave of absence with or without pay not exceeding ten days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the industrial 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.14. Payment of Wages. – (1) All payment including wages to the workers shall be paid by crediting in the bank account of worker on electronic mode or digital form. Intimation to the payment made to a worker shall be sent to him through SMS or e-mail or social media communication, such as, WhatsApp or by issuing a slip.(2) Notice of wage period and payment date in Hindi, English, and regional language familiar to the majority of workers at a factory, shall be displayed on the notice board or electronic notice board and on the Human Resource portal of the industrial establishment, if any.(3) Any wages, due to the worker but not paid on usual pay day on account of there being unpaid shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice boards as referred to in sub-paragraph (2); and(4) All worker will be paid wages on a working day before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable.15. Service Record:- (1) Matters relating to service card, certification of service, change of residential address of workers and record of their age shall form part of service record and –(i) Every industrial establishment shall maintain a service card in respect of each worker electronically or in manual form, wherein particulars of that worker shall be recorded with the knowledge of that worker in Form I. In case of manual maintenance of service card, the record shall be duly attested by an officer in this behalf together with date.(ii) Every worker shall be entitled to a service certificate, specifying the nature of work, designation and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement or resignation from service to be issued by an employer;(iii) A worker shall notify the employer immediately on engagement, the details of his permanent and local residential address, mobile number and digital communications details like e-mail address and thereafter promptly communicate the change in the same, if any. In case, the worker has not communicated to his employer the change in his residential address, his last known address shall be treated by the employer as his residential address for sending any communication;(iv) Every worker shall indicate his exact date of birth to the employer or the officer authorized by him in this behalf, at the time of entering service in the industrial establishment. The employer or the officer authorized by him in this behalf may before the date of birth of a worker is entered in his service card, require him to supply,-(a) his matriculation or school leaving certificate granted by the Board of Secondary Education or equivalent certificate granted by similar educational authority; or(b) a certified copy of his date of birth as recorded in the registers of a municipality, local authority or Panchayat or Registrar of Births;(c) a copy of Aadhaar; and(d) in the absence of either of the aforesaid two categories of certificate, the employer or the officer authorised by him in this behalf may require the worker to supply, a certificate from a Government Medical Officer not below the rank of an Assistant Surgeon indicating the probable age of the worker:Provided that the cost of obtaining such certificate is borne by the employer;(v) where it is not practicable to obtain a certificate from a Government Medical Officer, an affidavit sworn, either by the workman or his parents, or by a near relative, who is in a position to know about the workman’s actual or approximate date of birth, before a first Class Magistrate or Oath Commissioner, as evidence in support of the date of birth given by him.(2) The date of birth of a worker, once entered in the service card of the industrial establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of the date of his retirement from the service of the industrial establishment. All formalities regarding recording of the date of birth shall be finalized within three months of the date of the appointment of a worker.(3) Cases, where date of birth of any worker had already been decided before the date these standing orders come into force shall not be reopened under these standing orders.Note.- Where the exact date of birth of a worker is not available and the year of birth is only established, then, the 1st July of the said year shall be taken as the date of birth.16. Confirmation.- The employer shall, in accordance with the terms and conditions stipulated in the letter of appointment, confirm the eligible worker and issue a letter of confirmation to him. Whenever, a worker is confirmed, an entry with regard to the confirmation shall also be made in his service card within a period of thirty days from the date of such confirmation.17. Age of retirement.- The age of retirement or superannuation of a worker shall be such as may be agreed upon between the employer and the worker under a written agreement or as specified in a settlement or award which is binding on both the worker and the employer. Where there is no such agreed age, retirement or superannuation shall be on completion of fifty eight years of age by the worker.18. Transfer.- (1) There shall be a transfer policy of the industrial establishment and same shall be known to all workers. The details of transfer policy shall be available on the Human Resource (HR) portal.(2) A worker may be transferred according to the transfer policy and exigencies of work from one shop or department to another or from one station to another or from one industrial establishment to another under the same employer:Provided that the wages, grade, continuity of service and other conditions of service of the worker shall not be adversely affected by such transfer:Provided further that a worker shall be transferred from one job to another, which he is capable of doing:Provided also that where the transfer involves moving from one State to another such transfer shall take place, either with the consent of the worker or where there is a specific provision to that effect in the letter of appointment and transfer policy in accordance with such provision and policy:Provided also that unless -(a) reasonable notice is given to such worker, and(b) reasonable joining time is allowed in case of transfers from one station to another and the worker concerned shall be paid traveling allowance including the transport charges and fifty per cent thereof to meet incidental charges, such transfer shall not be effected.(c) The employer may, transfer, depute or assign a worker to any other assignment, team, department or office (whether in India or abroad) of the employer or any affiliates / client of the employer.19. Medical aid in case of accidents.- (1) Where a worker meets with an accident in the course of or arising out of his employment, the employer shall, at the employer’s expense, make satisfactory arrangements for immediate and necessary medical aid to the injured worker and shall arrange for his further treatment, if considered necessary by the doctor attending on him.(2) Wherever the worker is entitled for treatment and benefits under the Social Security Code, 2020 (36 of 2020), then, he shall be entitled for treatment and benefits under that Code.20. Medical Examination.- (1) Wherever the recruitment rule or any contract of appointment or Fixed Term Employment specify medical examination of a worker, on his first appointment, the employer shall at the employer’s expense make arrangements for medical examination.(2) All workers to be employed in the industrial establishment shall be required to clear the medical examination by the Medical Authority nominated by the industrial establishment for such purpose, at the time of first appointment.(3) The industrial establishment may at any time direct any worker to undergo medical examination by any Medical Officer nominated to ascertain workers’ fitness relatable to satisfactory performance of his job. The term “Medical Officer” shall have same meaning as it has in sub-section (1) of section 42 of Occupational Safety, Health and Working Condition Code, 2020 (37 of 2020).(4) A worker who comes to know that he has contracted any infectious or contagious disease shall immediately notify the concerned Manager of such a happening and shall remain away of work until permitted to return on work by the Manager concerned and during such period, the worker shall be treated on leave to the extent of days he has leave with wages to his credit. Disciplinary action may be taken against a worker if he deliberately suppresses the fact of his suffering from an infectious or contagious disease and such a conduct on the part of the worker shall amount to misconduct within the meaning of these Standing Orders.21. Secrecy.- No worker shall take any papers, books, drawings, photographs, instruments, apparatus, documents or any other property either in electronic form or physical form, of an industrial establishment out of the work premises except with the written permission of his immediate superior, nor shall he in any way pass or cause to be passed or disclose or cause to be disclosed any information or matter concerning the manufacturing process, trade secrets and confidential documents of the industrial establishment to any unauthorized person, company or corporation without the written permission of the employer.22. Exclusive Service.- A worker shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the industrial establishment, which may adversely affect the interest of his employer, but, the employer may permit him to take up additional job, assignment with conditions or without conditions and the worker shall obtain prior permission of the employer.23. Stoppage of work. - (1) The employer may, at any time, in the event of fire, catastrophe, break-down of machinery or stoppage of power supply, disaster, pandemic, epidemics, civil commotion or other cause beyond his control , stop any section or sections of the industrial establishment, wholly or partially for any period or periods without notice.(2) In the event of such stoppage during working hours, the workers affected shall be notified by notices put upon the notice board or electronic notice board or on the Human Resource Portal of the industrial establishment, if any, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The worker 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 worker so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workers 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 case of piece rate workers, 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) In cases where workers 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, but where workers 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 industrial establishment close down either wholly or partially such section or department and any other section or department affected by such closing down, then, the fact of such closure shall be notified by notices put on the notice board or electronic notice board or on the Human Resource portal of the industrial establishment, if any, as soon as practicable. The workers concerned shall also be notified by a general notice, prior resumption of work, as to when work will be resumed.(5) The workers may be laid off as per provisions of the Industrial Relations Code, 2020 (35 of 2020).24. Termination of Employment.- (1) This paragraph shall apply to an industrial establishment (not being an industrial establishment of seasonal character or in which work is performed intermittently) in which not less than three hundred workers, were employed on an average per working day in the preceding twelve months.(2) Subject to the provisions of the Industrial Relations Code, 2020 (35 of 2020) and rules framed thereunder, for terminating employment of a permanent worker, prior notice of one month shall be given or the worker shall be paid wages in lieu of such notice period and in case of remaining workers as specified in sub-paragraph (3), the notice period shall be regulated as provided in that sub-paragraph.(3) No temporary worker whether monthly rated, weekly rated or piece rated, and no probationer or badli or fixed term employment worker 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 worker 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 specified in this behalf under these standing orders.(4) Where the employment of any worker is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.25. Disciplinary action for misconduct.-(1) A worker may be suspended by the employer pending investigation or enquiry into complaints or charges of misconduct against him. Such investigation or enquiry, or where there is an investigation followed by enquiry, both the investigation and enquiry shall be ordinarily completed within ninety days from the date of suspension. The worker shall be paid subsistence allowance during the period of suspension which shall be subject to the worker not taking any employment elsewhere during the period of suspension.(2) The amount of subsistence allowance payable to such worker shall be as under, namely:-(a) at the rate of fifty percent of wages which the worker was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and(b) at the rate of seventy-five per cent of such wages for the remaining period of suspension, if the delay in completion of disciplinary proceedings against such worker is not directly attributable to the conduct of such worker.(3) For the purposes of this standing order, the following shall denote misconduct, namely:- (a) theft, fraud, or dishonesty in connection with the employer’s business or property;(b) taking or giving of bribes or an illegal gratification whatsoever in connection with the employer’s business or his own interests;(c) willful insubordination or disobedience, whether alone or in conjunction with another or others, or of any lawful or reasonable order of a superior. The order of the superior should normally be in writing;(d) habitual late attendance and habitual absence without leave or without sufficient cause; (e) drunkenness, fighting or riotous, disorderly or indecent behaviours while on duty at the place of work; (f) habitual neglect of work;(g) causing wilful damage to work in progress or to property of the employer;(h) sleeping on duty;(i) malingering or slowing down work;(j) acceptance of gifts from subordinate employees;(k) conviction in any Court of Law for any criminal offence involving moral turpitude;(l) continuous absence without permission and without satisfactory cause for more than ten days;(m) giving false information regarding one’s name, age, father’s name, qualification or previous service at the time of the employment;(n) leaving work without permission or sufficient reason;(o) threatening, abusing or assaulting any superior or co-worker;(p) preaching of, or inciting to, violence;(q) abetment of or attempt to abetment of any of the aforesaid acts of misconduct;(r) going on illegal strike either singly or with other workers without giving 14 day’s previous notice;(s) disclosing to any unauthorized person of any confidential information in regard to the working or process of the industrial establishment which may come into the possession of the worker in the course of his work;(t) refusal to accept any charge-sheet or order or notice communicated in writing;(u) failure or refusal to wear or use any protective equipment given by the employers;(v) claiming false bill for reimbursement; and(w) Involvement in unauthorized access of any IT system, computer network of the employer/ customer/client.(B) “sexual harassment” which means the ‘sexual harassment’ as defined in clause (n) of section 2 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) and includes the circumstances specified in sub-section (2) of section 3 of the said Act.Note:- The words defined in the Indian Penal Code (45 of 1860) and used in this sub-paragraph shall has the same meaning as defined in such Code.(4) (a) Where a disciplinary proceeding against a worker 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 worker 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 worker within a week from the date of suspension.(b) In the enquiry, the worker shall be entitled to appear in person or to be represented by an office-bearer of a Trade Union of which he is a member or a co-worker of his choice.(c) The proceedings of the enquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the worker.(d) The proceedings of the inquiry shall be completed within a period of ninety days from the date of suspension.(e) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the worker has been found guilty of the charges framed against him and it is considered, after giving the worker concerned a reasonable opportunity of making representation on the penalty proposed, 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 worker 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 an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the worker 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 worker 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, or the criminal proceedings, the worker has been found not to be 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 sub-paragraph shall be subject to the worker concerned not taking up any employment during the period of suspension.(5) In awarding punishment under sub-paragraph (4), the authority imposing the punishment shall take into account any gravity of the misconduct, the previous record, if any, of the worker and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the worker concerned.(6) (a) A worker aggrieved by an order imposing punishment under sub-paragraph (4) may within twenty-one days from the date of receipt of the order, appeal to the appellate authority specified under clause (b).(b) The employer shall, for the purposes of Clause (a) specify the appellate authority.(c) The appellate authority, after giving an opportunity to the worker of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the worker in writing:Provided that where there is a complaint of sexual harassment within the meaning of clause (B) to sub paragraph (3), the complaint committee constituted for such purpose in each industrial establishment for inquiring into such complaints, shall, notwithstanding anything contained in this paragraph, be deemed to be the inquiring authority appointed by the employer for the purpose of these standing orders and the complaint committee shall hold the inquiry under this paragraph, unless separate procedure has been specified by the employer for the complaint committee for holding such inquiry into the complaints of sexual harassment, as far as practicable.(7) The complaint committee referred to in sub-paragraph (6) shall consist of –(a) a Chairperson who shall be a woman;(b) one member representing Non-Government Organisation (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or State Commission for Women familiar with the inquiry of the issue of sexual harassment, to be nominated by the employer:(8) The complaint committee referred to in sub-paragraph (6) shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken.(9) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the appropriate Government in pursuance of section 23 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) while monitoring the implementation of the said Act.26. Grievance Redressal and Complaints.- All complaints or grievances arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the Manager or person specified in this behalf with the right to appeal to the employer.27. Liability of Employer and Workers.- The employer of the industrial establishment shall be responsible for the proper and faithful observance of the Standing Orders. The workers shall also observe the Standing Orders truly and faithfully.28. Forwarding of information to the certifying officer under sub-section (3) of section 30 on adoption of model standing order by an industrial establishment.- (1) If the employer adopts the model standing order of the Central Government referred to in section 29 of the Industrial Relations Code, 2020 (35 of 2020), he shall intimate the concerned certifying officer electronically the specific date from which the provisions of the model standing orders have been adopted.(2) The model standing order adopted under sub-paragraph (1) in respect of an industrial establishment shall also be applicable to all other industrial units of the establishment irrespective of location.(3) On receipt of information under sub-paragraph (1), the certifying officer shall enter the details of the industrial establishment who has adopted the Model Standing Order in the register maintained under rule 15 of the Industrial Relations (Central) Rules, 2020. In the event, the certifying officer observes that the industrial establishment which has intimated adoption of Model Standing Order is also engaged in activities other than for which Model Standing Order has been adopted then, he shall within a period of thirty days from such receipt of intimation of Model Standing Orders so adopted may give his observation, if any, that the employer is required to include or adopt certain provisions which are relevant to his industrial establishment and indicate those relevant provisions and direct the employer of the industrial establishment that he shall, within a period of thirty days from the date of the receipt of such direction comply with the direction and send compliance report only in respect of those provisions which the certifying officer observes to get included. The provisions of the Model Standing Orders so adopted shall remain in force with effect from the date specified in sub-paragraph(1).Explanation.- For removal of doubt, it is clarified that certifying officer shall not raise any observation in the event the industrial establishment is engaged in activities which are wholly covered by the activities of the industrial establishment to which the Standing Orders apply.29. Exhibition of Standing Orders.- A copy of these Standing Orders in Hindi, English and in the language majority of workers in a factory are conversant with, shall be displayed on the notice board or electronic notice board and Human Resource portal of the industrial establishment, if any.
[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 27
Signature
or Thumb impression of the person verifying.
[F. No. Z-20025/19/2020-LRC]
KALPANA RAJSINGHOT, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.
Draft - The Model Standing Orders for Service Sector, 2020
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 31st December, 2020
G.S.R. 814 (E).—The following draft of the Model Standing Orders, 2020 for service sector which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) of section 29 of the Industrial Relations Code, 2020 (35 of 2020) are being previously published inviting objections and suggestions from the persons affected within thirty days from the date of which the copy of the Official Gazette in which the draft is published will be available to the public;
The objections and suggestions may be addressed to Shri Sanjeev Nanda, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No 17, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 or by e-mail – sanjeev.dom@nic.in. The objections and suggestions should be sent in a proforma containing columns (i) specifying the name and address of the person or organization and column (ii) specifying the paragraph or sub
paragraph of the said Model Standing Orders which is proposed to be modified and column (iii) specifying the revised paragraph or sub-paragraph proposed to be substituted and reasons thereof;
Objection and suggestions, which may be received from any person or organization with respect to the said draft Model Standing Orders before expiry of the period of thirty days shall be taken into consideration.
Draft Model Standing Orders
1. Short title, extent and commencement.- (1) These Model Standing Orders may be called the Model Standing Orders for Service Sector, 2020;
(2) They extend to all States and Union territories within India to the industrial establishments employing three hundred or more number of workers who are working in the industrial establishments and which are covered under the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) and the rules made thereunder under the control of Central Government or the State Government engaged in service sector.
(3) These Standing Orders shall come into force on the day of its publication in the Official Gazette. 2. Definition.- (1) In these Model Standing Orders, unless there is anything repugnant to the subject or the context,- (a) “Aadhaar” means the Aadhaar referred to in Section 142 of the Code on Social Security, 2020 (36 of 2020) (b) ‘Code‘ means the Industrial Relations Code, 2020 (35 of 2020);
(c) ‘Form‘ means a form set out in Schedule appended to these standing orders;
(d) ‘Habitual’ means with respect to indiscipline, a worker shall be habitual if the worker found guilty of any misconduct three or more times in preceding twelve months; and
(e) “Standing Order” with its grammatical variation and cognate expressions, means the standing order of these model standing orders.
(2) The words or expressions used in these model standing orders and not defined therein but defined in the Industrial Relations Code, 2020 (35 of 2020) shall have the respective meanings assigned to them in the definitions in the Code.
3. (1) Classification of Worker.- For the purposes of these standing orders, the workers are classified as below, namely:-
(a) Permanent;
(b) Temporary;
(c) Apprentices;
(d) Probationers;
(e) Badlis; and
(f) Fixed Term Employment.
(2) A Permanent worker is a worker who has been engaged on a permanent basis in an industrial establishment and includes any person who has satisfactorily completed a probationary period of six months in the same or another occupation in the industrial establishment including breaks due to sickness, accident, leave, lockout, strike (not being an illegal strike) or involuntary closure of the industrial establishment.
(3) A Temporary Worker is a worker who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(4) Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship under the Apprenticeship Act, 1961 (52 of 1961).
(5) A Probationer is a worker who is provisionally employed to fill a permanent vacancy in a post and has not completed six months ‘service therein. The period of probation can be extended further period up to three months after assessing the performance of the probationer for the post, he has been appointed for. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of six months, be reverted to his old permanent post.
(6) A badli is a worker who is appointed against the post of a permanent worker or probationer who is temporarily absent.
(7) "Fixed term employment" means the engagement of a worker on the basis of a written contract of employment with the employer for a fixed period:
Provided that—
(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent worker doing the same work or work of similar nature;
(b) he shall be eligible for all statutory benefits available to a permanent worker proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute;
(c) he shall be eligible for gratuity, if he renders service under the contract for a period of one year; and
(d) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to the worker at the rate of fifteen days‘ wages, based on rate of wages last drawn by the worker concerned as referred to in sub-section (2) of section 53 of the Code on Social Security, 2020 (36 of 2020).
Explanation.- For removal of doubt, it is clarified that the termination of service of a worker as a result of completion of tenure of fixed term employment shall not be included within the meaning of “retrenchment“ as defined under clause (zh) of section 2 of the Industrial Relations Code, 2020 (35 of 2020).
4. Identity Badge or Card.- (1) All workers belonging to any categories under the Code on Industrial Relations, 2020 (35 of 2020) shall be issued an identity badge or card bearing his full name, employee number, blood group, mobile number, if any, and a recent photograph.
(2) A worker should always wear his identity badge or card during the working hours of the industrial establishment and produce the same to the authorized security guard or personnel to allow him the right of entry and stay in the premises of the industrial establishment.
(3) Such identity badge shall not be transferable to any other persons or workers. Safe custody of the identity badges or cards shall be ensured by the concerned workers.
(4) Every Worker, who ceases to be in employment of the industrial establishment or is suspended from services, shall surrender his identity badge or card to the Department Head or the designated officer of the industrial establishment for such purpose.
5. Publication of Working Timings.- (1) The periods of hours of work for all categories of workers shall be exhibited on the notice board or Electronic Notice Board and on the Human Resource Portal/IT Application of the industrial establishment, if any, from time to time in Hindi, English and in local language majority of workers in the industrial establishment are conversant.
Provided that in case of IT Sector, the working hour shall be as per agreement or conditions of appointment between employer and workers.
(2) Any change in periods of hours of work, number of shifts, shift timings, work on all the days of the week with staggered weekly holidays system or like other matters, shall also be displayed on notice board or electronic notice board of the industrial establishment.
6. Publication of Holidays, Pay days and Wage rates.- (1) Notices specifying the days observed by the industrial establishment as holidays, and pay days shall be posted on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any.
(2) A list of national and Festival Holidays shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any.
Explanation: If a worker is required to work on any Holidays, he/she shall be given benefits as per prevalent law(s) applicable to workers.
7. Publication of wage band.- Wage bands payable to all categories of workers shall be displayed on the Electronic notice board or notice board and website or Human Resource portal of the industrial establishment, if any in Hindi, English and local language majority of workers in industrial establishment are conversant.
8. Shift working:- (1) More than one shift may be worked in a department or departments or any section of a department of the industrial establishment at the discretion of the employer. If more than one shift is worked, the worker shall be liable to be transferred from one shift to another. No shift working shall be discontinued without twenty one days’ notice being given in writing to the workers prior to such discontinuance:
Provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workers affected or mutually agreed between employer and worker. If as a result of the discontinuance of the shift working, any worker is to be retrenched, such retrenchment shall be effected in accordance with the provisions of the Industrial Relations Code, 2020 (35 of 2020) and the rules made thereunder. If shift working is re-started, the workers shall be given notice and re-employed in accordance with the provisions of the said Code and the said rules.
(2) Whenever an additional shift is started, or shifts are restarted or discontinued or altered, twenty- one days prior notice, shall be given to the affected workers:
Provided that no notice shall be required in case of emergent situation which requires change of shift or shift working, otherwise than in accordance with Standing Order, in consultation with Grievance Redressal Committee in pursuant of clause (c) section 40 of the Industrial Relations Code, 2020 (35 of 2020):
Provided further that if there is an agreement between employer and worker regarding change of shift, then no prior notice is required to given by the management/employer.
Provided also that no notice shall be required, if such change is effected in accordance with the orders of the Central Government or State Government, as the case may be, or in pursuance of any settlement or award as envisaged in clause (d) of section 40 of the Industrial Relations Code, 2020(35 of 2020).
9. Notice of changes in shift working.--Any notice of discontinuance or of re-starting of a shift working required by this Standing Order, shall be in form II appended to these standing orders and shall be served in the following manner, namely :-
(a) The notice shall be displayed conspicuously by the employer on a notice-board or electronic notice board and Human Resource portal of the industrial establishment if any; and
(b) Where any registered trade union of workers exists, then, a copy of the notice referred to in clause (a) shall also be served electronically or by registered post to the Secretary of such union.
10. Work from home.- Subject to conditions of appointment or agreement between employer and workers, employer may allow a worker to work from home for such period or periods as may be determined by employer.
11. Attendance and Late Coming.- (1) All workers shall be at work at the time fixed and notified under paragraph 5. Worker attending late will be liable for deduction provided for in the Code on Wages, 2019 (29 of 2019).
(2) All workers shall comply with the regulations related to hours of work for the time being in force.
(3) Workers shall register their attendance at the start of the shift and at the close of the shift after and before change of uniform, if any, respectively.
(4) Workers shall use identity card or biometrics or any other system as has been notified to register their attendance. (5) No worker shall use or punch the Identity badge other that his own under any circumstances.
(6) Any worker, reporting late than the scheduled time for reporting shall not be permitted to enter his department or section, unless permitted by the express permission of the manager, or any other officer, duly authorized for such purpose.
(7) A worker shall be deemed absent, if he/she fails to attend duty, unless he has obtained written permission for such absence from the manager or the Officer authorized in this behalf.
(8) A worker who habitually comes late and remains absent will be liable to deduction of wages as provided under the Code on Wages, 2019 (29 of 2019).
12. Leave.- (1) Holidays with pay will be allowed as provided for in the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020), and other holidays in accordance with law, contract, custom and usage applicable.
(2) Leave cannot be claimed as matter of right.
(3) A worker who desires to obtain leave of absence shall apply to the employer or any other officer of the industrial establishment specified in this behalf by the employer at least seven days in advance from the date of proposed date of leave. The employer or any other officer of the industrial establishment, who is responsible for issuing the order, shall issue the same within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier. If the leave has been applied and the leave is to commence on the date of the application or within three days thereof, then the worker shall mention the reason for late submission of application for leave. The order on such leave shall be given on the same day. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons there for shall be communicated to him in writing.
(4) Where the worker after proceeding on leave desires an extension thereof, he shall apply to the employer or the officer specified in this behalf by the employer, who shall send a written reply either granting or refusing extension of leave to the worker if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.
(5) Leave with wages and allowances shall be granted to all the workers in accordance with the law as applicable to the industrial establishment and under Standing Orders.
(6) No employee while on leave shall take up any employment or any vocation for profit or gain.
13. Casual Leave.- A worker may be granted casual leave of absence with or without pay not exceeding ten days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the industrial 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.
14. Payment of Wages. – (1) All payment including wages to the workers shall be paid by crediting in the bank account of worker on electronic mode or digital form. Intimation to the payment made to a worker shall be sent to him through SMS or e-mail or social media communication, such as, WhatsApp or by issuing a slip.
(2) Notice of wage period and payment date in Hindi, English, and regional language familiar to the majority of workers at a factory, shall be displayed on the notice board or electronic notice board and on the Human Resource portal of the industrial establishment, if any.
(3) Any wages, due to the worker but not paid on usual pay day on account of there being unpaid shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice boards as referred to in sub-paragraph (2); and
(4) All worker will be paid wages on a working day before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable.
15. Service Record:- (1) Matters relating to service card, certification of service, change of residential address of workers and record of their age shall form part of service record and –
(i) Every industrial establishment shall maintain a service card in respect of each worker electronically or in manual form, wherein particulars of that worker shall be recorded with the knowledge of that worker in Form I. In case of manual maintenance of service card, the record shall be duly attested by an officer in this behalf together with date.
(ii) Every worker shall be entitled to a service certificate, specifying the nature of work, designation and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement or resignation from service to be issued by an employer;
(iii) A worker shall notify the employer immediately on engagement, the details of his permanent and local residential address, mobile number and digital communications details like e-mail address and thereafter promptly communicate the change in the same, if any. In case, the worker has not communicated to his employer the change in his residential address, his last known address shall be treated by the employer as his residential address for sending any communication;
(iv) Every worker shall indicate his exact date of birth to the employer or the officer authorized by him in this behalf, at the time of entering service in the industrial establishment. The employer or the officer authorized by him in this behalf may before the date of birth of a worker is entered in his service card, require him to supply,-
(a) his matriculation or school leaving certificate granted by the Board of Secondary Education or equivalent certificate granted by similar educational authority; or
(b) a certified copy of his date of birth as recorded in the registers of a municipality, local authority or Panchayat or Registrar of Births;
(c) a copy of Aadhaar; and
(d) in the absence of either of the aforesaid two categories of certificate, the employer or the officer authorised by him in this behalf may require the worker to supply, a certificate from a Government Medical Officer not below the rank of an Assistant Surgeon indicating the probable age of the worker:
Provided that the cost of obtaining such certificate is borne by the employer;
(v) where it is not practicable to obtain a certificate from a Government Medical Officer, an affidavit sworn, either by the workman or his parents, or by a near relative, who is in a position to know about the workman’s actual or approximate date of birth, before a first Class Magistrate or Oath Commissioner, as evidence in support of the date of birth given by him.
(2) The date of birth of a worker, once entered in the service card of the industrial establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of the date of his retirement from the service of the industrial establishment. All formalities regarding recording of the date of birth shall be finalized within three months of the date of the appointment of a worker.
(3) Cases, where date of birth of any worker had already been decided before the date these standing orders come into force shall not be reopened under these standing orders.
Note.- Where the exact date of birth of a worker is not available and the year of birth is only established, then, the 1st July of the said year shall be taken as the date of birth.
16. Confirmation.- The employer shall, in accordance with the terms and conditions stipulated in the letter of appointment, confirm the eligible worker and issue a letter of confirmation to him. Whenever, a worker is confirmed, an entry with regard to the confirmation shall also be made in his service card within a period of thirty days from the date of such confirmation.
17. Age of retirement.- The age of retirement or superannuation of a worker shall be such as may be agreed upon between the employer and the worker under a written agreement or as specified in a settlement or award which is binding on both the worker and the employer. Where there is no such agreed age, retirement or superannuation shall be on completion of fifty eight years of age by the worker.
18. Transfer.- (1) There shall be a transfer policy of the industrial establishment and same shall be known to all workers. The details of transfer policy shall be available on the Human Resource (HR) portal.
(2) A worker may be transferred according to the transfer policy and exigencies of work from one shop or department to another or from one station to another or from one industrial establishment to another under the same employer:
Provided that the wages, grade, continuity of service and other conditions of service of the worker shall not be adversely affected by such transfer:
Provided further that a worker shall be transferred from one job to another, which he is capable of doing:
Provided also that where the transfer involves moving from one State to another such transfer shall take place, either with the consent of the worker or where there is a specific provision to that effect in the letter of appointment and transfer policy in accordance with such provision and policy:
Provided also that unless -
(a) reasonable notice is given to such worker, and
(b) reasonable joining time is allowed in case of transfers from one station to another and the worker concerned shall be paid traveling allowance including the transport charges and fifty per cent thereof to meet incidental charges, such transfer shall not be effected.
(c) The employer may, transfer, depute or assign a worker to any other assignment, team, department or office (whether in India or abroad) of the employer or any affiliates / client of the employer.
19. Medical aid in case of accidents.- (1) Where a worker meets with an accident in the course of or arising out of his employment, the employer shall, at the employer’s expense, make satisfactory arrangements for immediate and necessary medical aid to the injured worker and shall arrange for his further treatment, if considered necessary by the doctor attending on him.
(2) Wherever the worker is entitled for treatment and benefits under the Social Security Code, 2020 (36 of 2020), then, he shall be entitled for treatment and benefits under that Code.
20. Medical Examination.- (1) Wherever the recruitment rule or any contract of appointment or Fixed Term Employment specify medical examination of a worker, on his first appointment, the employer shall at the employer’s expense make arrangements for medical examination.
(2) All workers to be employed in the industrial establishment shall be required to clear the medical examination by the Medical Authority nominated by the industrial establishment for such purpose, at the time of first appointment.
(3) The industrial establishment may at any time direct any worker to undergo medical examination by any Medical Officer nominated to ascertain workers’ fitness relatable to satisfactory performance of his job. The term “Medical Officer” shall have same meaning as it has in sub-section (1) of section 42 of Occupational Safety, Health and Working Condition Code, 2020 (37 of 2020).
(4) A worker who comes to know that he has contracted any infectious or contagious disease shall immediately notify the concerned Manager of such a happening and shall remain away of work until permitted to return on work by the Manager concerned and during such period, the worker shall be treated on leave to the extent of days he has leave with wages to his credit. Disciplinary action may be taken against a worker if he deliberately suppresses the fact of his suffering from an infectious or contagious disease and such a conduct on the part of the worker shall amount to misconduct within the meaning of these Standing Orders.
21. Secrecy.- No worker shall take any papers, books, drawings, photographs, instruments, apparatus, documents or any other property either in electronic form or physical form, of an industrial establishment out of the work premises except with the written permission of his immediate superior, nor shall he in any way pass or cause to be passed or disclose or cause to be disclosed any information or matter concerning the manufacturing process, trade secrets and confidential documents of the industrial establishment to any unauthorized person, company or corporation without the written permission of the employer.
22. Exclusive Service.- A worker shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the industrial establishment, which may adversely affect the interest of his employer, but, the employer may permit him to take up additional job, assignment with conditions or without conditions and the worker shall obtain prior permission of the employer.
23. Stoppage of work. - (1) The employer may, at any time, in the event of fire, catastrophe, break-down of machinery or stoppage of power supply, disaster, pandemic, epidemics, civil commotion or other cause beyond his control , stop any section or sections of the industrial establishment, wholly or partially for any period or periods without notice.
(2) In the event of such stoppage during working hours, the workers affected shall be notified by notices put upon the notice board or electronic notice board or on the Human Resource Portal of the industrial establishment, if any, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The worker 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 worker so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workers 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 case of piece rate workers, 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) In cases where workers 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, but where workers 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 industrial establishment close down either wholly or partially such section or department and any other section or department affected by such closing down, then, the fact of such closure shall be notified by notices put on the notice board or electronic notice board or on the Human Resource portal of the industrial establishment, if any, as soon as practicable. The workers concerned shall also be notified by a general notice, prior resumption of work, as to when work will be resumed.
(5) The workers may be laid off as per provisions of the Industrial Relations Code, 2020 (35 of 2020).
24. Termination of Employment.- (1) This paragraph shall apply to an industrial establishment (not being an industrial establishment of seasonal character or in which work is performed intermittently) in which not less than three hundred workers, were employed on an average per working day in the preceding twelve months.
(2) Subject to the provisions of the Industrial Relations Code, 2020 (35 of 2020) and rules framed thereunder, for terminating employment of a permanent worker, prior notice of one month shall be given or the worker shall be paid wages in lieu of such notice period and in case of remaining workers as specified in sub-paragraph (3), the notice period shall be regulated as provided in that sub-paragraph.
(3) No temporary worker whether monthly rated, weekly rated or piece rated, and no probationer or badli or fixed term employment worker 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 worker 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 specified in this behalf under these standing orders.
(4) Where the employment of any worker is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
25. Disciplinary action for misconduct.-(1) A worker may be suspended by the employer pending investigation or enquiry into complaints or charges of misconduct against him. Such investigation or enquiry, or where there is an investigation followed by enquiry, both the investigation and enquiry shall be ordinarily completed within ninety days from the date of suspension. The worker shall be paid subsistence allowance during the period of suspension which shall be subject to the worker not taking any employment elsewhere during the period of suspension.
(2) The amount of subsistence allowance payable to such worker shall be as under, namely:-
(a) at the rate of fifty percent of wages which the worker was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent of such wages for the remaining period of suspension, if the delay in completion of disciplinary proceedings against such worker is not directly attributable to the conduct of such worker.
(3) For the purposes of this standing order, the following shall denote misconduct, namely:- (a) theft, fraud, or dishonesty in connection with the employer’s business or property;
(b) taking or giving of bribes or an illegal gratification whatsoever in connection with the employer’s business or his own interests;
(c) willful insubordination or disobedience, whether alone or in conjunction with another or others, or of any lawful or reasonable order of a superior. The order of the superior should normally be in writing;
(d) habitual late attendance and habitual absence without leave or without sufficient cause; (e) drunkenness, fighting or riotous, disorderly or indecent behaviours while on duty at the place of work; (f) habitual neglect of work;
(g) causing wilful damage to work in progress or to property of the employer;
(h) sleeping on duty;
(i) malingering or slowing down work;
(j) acceptance of gifts from subordinate employees;
(k) conviction in any Court of Law for any criminal offence involving moral turpitude;
(l) continuous absence without permission and without satisfactory cause for more than ten days;
(m) giving false information regarding one’s name, age, father’s name, qualification or previous service at the time of the employment;
(n) leaving work without permission or sufficient reason;
(o) threatening, abusing or assaulting any superior or co-worker;
(p) preaching of, or inciting to, violence;
(q) abetment of or attempt to abetment of any of the aforesaid acts of misconduct;
(r) going on illegal strike either singly or with other workers without giving 14 day’s previous notice;
(s) disclosing to any unauthorized person of any confidential information in regard to the working or process of the industrial establishment which may come into the possession of the worker in the course of his work;
(t) refusal to accept any charge-sheet or order or notice communicated in writing;
(u) failure or refusal to wear or use any protective equipment given by the employers;
(v) claiming false bill for reimbursement; and
(w) Involvement in unauthorized access of any IT system, computer network of the employer/ customer/client.
(B) “sexual harassment” which means the ‘sexual harassment’ as defined in clause (n) of section 2 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) and includes the circumstances specified in sub-section (2) of section 3 of the said Act.
Note:- The words defined in the Indian Penal Code (45 of 1860) and used in this sub-paragraph shall has the same meaning as defined in such Code.
(4) (a) Where a disciplinary proceeding against a worker 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 worker 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 worker within a week from the date of suspension.
(b) In the enquiry, the worker shall be entitled to appear in person or to be represented by an office-bearer of a Trade Union of which he is a member or a co-worker of his choice.
(c) The proceedings of the enquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the worker.
(d) The proceedings of the inquiry shall be completed within a period of ninety days from the date of suspension.
(e) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the worker has been found guilty of the charges framed against him and it is considered, after giving the worker concerned a reasonable opportunity of making representation on the penalty proposed, 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 worker 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 an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the worker 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 worker 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, or the criminal proceedings, the worker has been found not to be 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 sub-paragraph shall be subject to the worker concerned not taking up any employment during the period of suspension.
(5) In awarding punishment under sub-paragraph (4), the authority imposing the punishment shall take into account any gravity of the misconduct, the previous record, if any, of the worker and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the worker concerned.
(6) (a) A worker aggrieved by an order imposing punishment under sub-paragraph (4) may within twenty-one days from the date of receipt of the order, appeal to the appellate authority specified under clause (b).
(b) The employer shall, for the purposes of Clause (a) specify the appellate authority.
(c) The appellate authority, after giving an opportunity to the worker of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the worker in writing:
Provided that where there is a complaint of sexual harassment within the meaning of clause (B) to sub paragraph (3), the complaint committee constituted for such purpose in each industrial establishment for inquiring into such complaints, shall, notwithstanding anything contained in this paragraph, be deemed to be the inquiring authority appointed by the employer for the purpose of these standing orders and the complaint committee shall hold the inquiry under this paragraph, unless separate procedure has been specified by the employer for the complaint committee for holding such inquiry into the complaints of sexual harassment, as far as practicable.
(7) The complaint committee referred to in sub-paragraph (6) shall consist of –
(a) a Chairperson who shall be a woman;
(b) one member representing Non-Government Organisation (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or State Commission for Women familiar with the inquiry of the issue of sexual harassment, to be nominated by the employer:
(8) The complaint committee referred to in sub-paragraph (6) shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken.
(9) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the appropriate Government in pursuance of section 23 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) while monitoring the implementation of the said Act.
26. Grievance Redressal and Complaints.- All complaints or grievances arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the Manager or person specified in this behalf with the right to appeal to the employer.
27. Liability of Employer and Workers.- The employer of the industrial establishment shall be responsible for the proper and faithful observance of the Standing Orders. The workers shall also observe the Standing Orders truly and faithfully.
28. Forwarding of information to the certifying officer under sub-section (3) of section 30 on adoption of model standing order by an industrial establishment.- (1) If the employer adopts the model standing order of the Central Government referred to in section 29 of the Industrial Relations Code, 2020 (35 of 2020), he shall intimate the concerned certifying officer electronically the specific date from which the provisions of the model standing orders have been adopted.
(2) The model standing order adopted under sub-paragraph (1) in respect of an industrial establishment shall also be applicable to all other industrial units of the establishment irrespective of location.
(3) On receipt of information under sub-paragraph (1), the certifying officer shall enter the details of the industrial establishment who has adopted the Model Standing Order in the register maintained under rule 15 of the Industrial Relations (Central) Rules, 2020. In the event, the certifying officer observes that the industrial establishment which has intimated adoption of Model Standing Order is also engaged in activities other than for which Model Standing Order has been adopted then, he shall within a period of thirty days from such receipt of intimation of Model Standing Orders so adopted may give his observation, if any, that the employer is required to include or adopt certain provisions which are relevant to his industrial establishment and indicate those relevant provisions and direct the employer of the industrial establishment that he shall, within a period of thirty days from the date of the receipt of such direction comply with the direction and send compliance report only in respect of those provisions which the certifying officer observes to get included. The provisions of the Model Standing Orders so adopted shall remain in force with effect from the date specified in sub-paragraph(1).
Explanation.- For removal of doubt, it is clarified that certifying officer shall not raise any observation in the event the industrial establishment is engaged in activities which are wholly covered by the activities of the industrial establishment to which the Standing Orders apply.
29. Exhibition of Standing Orders.- A copy of these Standing Orders in Hindi, English and in the language majority of workers in a factory are conversant with, shall be displayed on the notice board or electronic notice board and Human Resource portal of the industrial establishment, if any.
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