Background
The Rajasthan Industrial Employment (Standing Orders) Rules, 1963 were framed under the Industrial Employment (Standing Orders) Act, 1946 to regulate service conditions in industrial establishments across the state. The purpose of these Rules is to ensure that conditions of employment such as classification of workmen, working hours, leave, termination, misconduct, and disciplinary actions are clearly defined and uniformly applied. By mandating certified standing orders, the Rules bring transparency, reduce ambiguity, and help prevent disputes between employers and employees.
Applicability
It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of number of persons less than one hundred as may be specified in the notification
Compliance requirements under the Rules in accordance with the Act
Within 6 months from the date on which this Act becomes applicable to an industrial establishment, the employer must submit to the Certifying Officer five copies of the draft standing orders proposed for adoption in the establishment. This ensures that the establishment follows codified service conditions and standardized employment terms from the beginning.
Within 6 months from the date on which additional matters are included in the Schedule to the Act, every employer of an industrial establishment must apply to the Certifying Officer with five copies of the draft standing orders. These must include the modifications necessitated by the newly added matters, ensuring that the standing orders remain up to date and legally compliant.
Certified Standing Orders must be prominently posted in English and in the local language understood by the majority of workmen. These should be displayed on special boards maintained at or near the main entrance of the industrial establishment and in all departments where workmen are employed. This ensures transparency and accessibility of service conditions to employees.
When a workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct, the employer is required to pay subsistence allowance as prescribed under the Act. This provision ensures that workers are not left without financial support during disciplinary proceedings.
Penalty & Punishment
On contravention of any of the above mentioned compliances: “Fine which may extend to Rs 5000, and in the case of a continuing offence with a further fine which may extend to Rs 200 for every day after the first during which the offence continues.
Conclusion
The Rajasthan Industrial Employment (Standing Orders) Rules, 1963 serve as a cornerstone for fair labor practices in the state. By enforcing codified and certified standing orders, the Rules promote uniformity, accountability, and industrial peace. They not only protect the rights of employees but also provide clarity and legal backing to employers in regulating workplace conduct and service conditions.
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