Draft model standing orders for services, manufacturing & mining sectors
January 4, 2021
The Ministry of Labour and Employment has released three draft Model Standing Orders, one each for the services, mines and manufacturing sectors . The Model Standing Orders extend to all States and Union territories within India to industrial establishments employing three hundred or more workers and covered under the Occupational Safety, Health and Working Conditions Code, 2020 and the rules made thereunder. Public comments and suggestions are invited by 30 January 2021. They have been formulated pursuant to Section 29 of the Industrial Relations Code, 2020. While there is uniformity in all the three Model Standing Orders, some flexibility is provided basis the sector specific requirements. Some of the notable provisions in the Orders are as under :
Where an employer adopts Model Standing Orders of the Central Government with respect to matters relevant to his industrial establishment or undertaking, then such model standing order shall be deemed to have been certified.
The model standing orders adopted in respect of an industrial establishment shall also be applicable to all other industrial units of the industrial establishment irrespective of location.
The concept of “Work from home” has been formalized in the Model Standing Order for Service Sector.
In case of IT Sector, working hours shall be as per agreement or conditions of appointment between employer and workers.
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.
All three Model Standing Orders encourage use of information technology in dissemination of information to the workers through electronic mode.
Involvement in unauthorized access of any IT system, computer network of the employer/ customer/client has been prescribed as a misconduct.
The meaning of “habitual” with respect to indiscipline has been defined, that is, if the worker is guilty of any misconduct three or more times in the preceding twelve months.
Rail Travel Facility has been extended to the workers in the mining sector. Presently, it is being availed by the workers in coal mines only.
To refer to the draft Model Standing Orders for Manufacturing and Mining Sectors, dated 31 December 2020, click here.
To refer to the Model Standing Order for Service Sector, 2020, dated 31 December 2020, click here.
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