Comments invited on the Draft Industrial Employment (Standing Orders) Central (Amendment) Rules, 2017

Comments invited on the Draft Industrial Employment (Standing Orders) Central (Amendment) Rules, 2017

February 28, 2017 Labour 0

The Ministry of Labour and Employment (“Ministry”) issued the Draft Industrial Employment (Standing Orders) Central (Amendment) Rules, 2017 (“Draft Rules”) on 10th February, 2017, thereby proposing to amend the Industrial Employment (Standing Orders) Central Rules, 1946 (“Principal Rules”).

 

Any objection or suggestion on the Draft Rules may be addressed to the Joint Secretary, Ministry of Labour and Employment (Industrial Relations Policy Legal Section), Shram Shakti Bhavan, Rafi Marg, New Delhi-110001 within a period of 30 days from 10th February, 2017, that is, by 12th March, 2017.

 

The amendments proposed vide the Draft Rules are as follows –

 

  1. Insertion of a new classification of workmen in the Schedule providing for matters to be provided in Standing Order under the Industrial Employment (Standing Orders) Act, 1946 (“Act”):

 

The Draft Rules propose to insert the words, “fixed term employment workmen in the made up sector” after the words “fixed term employment workmen in apparel manufacturing sector” in Item I in the Schedule. Please note that the Schedule lays down the matters to be provided in the Standing Order.

Through the proposed amendment, the Draft Rules propose to include ‘fixed term employment workmen in the made up sector’ within the classification of workmen under the Act.

 

  1. Insertion of details relating to Number of fixed term employment workmen in the made up sector in Rule 5:

 

The Draft Rules propose to insert Item “(6B) Number of fixed term employment workmen in the made up sector” under Rule 5 of the Principal Rules. Please note that Rule 5 prescribes the particulars of workmen for  which an employer needs to furnish under Section 3(3) of the Act along with five copies of Draft Standing Orders within six months from the date on which the Act becomes applicable to an industrial establishment, to the Certifying Officer for adoption in the industrial establishment.

 

Therefore, as per the proposed amendment, the employer will be required to also include particulars relating to number of fixed term employment workmen in the made up sector, while submitting the copies of Draft Standing Orders the Certifying Officer. Currently, particulars relating to Number of fixed term employment workmen in the made-up sector is not required to be provided.

 

3.Insertion of fixed term employment workmen in the made up sector in Schedule I on Model Standing Orders in Respect of Industrial Establishments not being Industrial Establishments in Coal Mines of the Principal Rules:

 

The Draft Rules propose to insert Item “(3B) Number of fixed term employment workmen in the made up sector” after Item (3A) in Schedule I of the Principal Rules pertaining to Model Standing Orders in Respect of Industrial Establishments not being Industrial Establishments in Coal Mines (“Schedule I”). As per the proposed amendment, workmen will be classified on one more ground i.e. fixed term employment workmen in the made up sector.

 

  1. Insertion of workman in made- up sector under the Paragraph 2(h) on Classification of workmen of Schedule I:

 

The Draft Rules propose to insert the words “or made- up sector” after the words “fixed term employment workman in apparel manufacturing sector” in Paragraph 2(h) of Schedule I. Please note that Paragraph 2(h), defines “fixed term employment workman”. Currently, it only covers ‘fixed term employment workman in apparel manufacturing sector’ within its ambit. However, as per the proposed amendment, the fixed term employment will cover employment in made-up sector as well.

 

  1. Insertion of fixed term employment workman in the made-up sector in sub-paragraph (2), Paragraph 13 on Termination of employment under Schedule I:

 

The Draft Rules propose to add the words “or fixed term employment workman in the made-up sector” after the words “fixed term employment workman in apparel manufacturing sector” in Paragraph 13 of Schedule I of Principal Rules which lays down the manner in which termination of a permanent workman is to be carried out. The Draft Rules therefore propose that the termination of fixed term employment workmen in the made-up sector will also be in accordance with the manner as laid down in Paragraph 13 of Schedule I. Currently, the Principal Rules do not cover fixed term employment workman in the made-up sector under this provision.

 

Source: Ministry of Labour and Employment

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