Section 3

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Employment contracts Maximum working hours, overtime, weekly rest and leave Wage manipulation, non-payment or withholding of wages

Section 3 requires employers in industrial establishments to submit draft standing orders for adoption in the industrial establishment. The draft standing order must be accompanied by a statement including the details regarding the workers employed in the industrial establishment.

Notes

The standing order must cover matters including termination of employment, suspension or dismissal for misconduct, means of redress against unfair treatment or wrongful exactions, classification of workmen, manner of intimating to workmen periods and hours of work, etc. and shift work.

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Text

Section 3. Submission of draft standing orders.
(1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in this industrial establishment.

(2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where Model standing orders have been prescribed shall be, so far as is practicable, in conformity with such model.

(3) The draft standing orders submitting under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong.

(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section.

Law / India / Industrial Employment (Standing Orders) Act, 1946

The Industrial Employment (Standing Orders) Act, 1946 requires employers in industrial establishments to define conditions of employment with sufficient precision and to make said conditions known to workers employed by them. The Act applies to every establishment where 100 or more workers are employed on any day of the preceding 12 months, and can be extended to establishments where less than 100 workers are employed in exceptional circumstances.

The underlying object of the Act was to eradicate discrimination in the workplace, and introduce uniformity in the conditions of employment of workers discharging similar functions in the same industrial establishment.