Standing Order

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STANDING ORDERS/SERVICE RULES AND REGULATIONS/ EMPLOYEE
MANUAL
SCOPE AND APPLICATION:
These Standing Orders/Service Rules and Regulations/Employee Manual shall constitute
the terms and conditions of Employment of all employees and workmen employed in the
Factory/Company, unless and otherwise specifically excluded from the applicability of
these Standing Orders. These Standing Orders shall come into force as provided in
Section 7 of the Industrial Employment (Standing Orders) Act 1946.
If a workmen is employed by the management under a specific agreement, signed by both
parties then, in addition to the terms and condition of service contained there in, the
provisions of the standing orders shall also apply.
( COMPANY’S NAME AND PLACE ARE NOT APPEARING )
1. DEFINITIONS:
In these standing orders unless there is anything repugnant in the subject or context.
1.1. “COMPANY” shall mean the _________________ Having at present its corporate
office at ______________________________________
“FACTORY” shall mean the works at _____________________ situated at < Address>
(UNITS AT ______________ )
1.2. "PREMISES" shall mean and include the entire area wherein the Administrative
Office are situated and other building in the premises and include the precincts
thereof around these buildings or other buildings within boundaries of the Company's
lands. It shall also include other buildings, appurtenances, branch offices, work shed,
etc., situated outside and away from the Office premises stated above, coming within
the administrative purview and control of the company.
13. A. “EMPLOYER” means and includes Managing Director, Board of Directors,
General Manager, Manager or any other person who is authorized by the
Management for Enforcement of these Standing Orders.
1.3. “EMPLOYEE/WORKMAN” means and includes all those employed in the Factory/
Company to do any skilled, unskilled, semi-skilled, manual, technical or clerical or
supervisory work as defined under the Industrial Dispute Act,1947.
(SUPERIOR OR SUPERVISOR/ ATTENDANCE / NOTICE )
1.4. “MANAGER” means any person duly appointed to be the Manager of the
Factory/Company or any person who for the time being is authorized to exercise the
function of the Manager and Act on his behalf regarding the observance of these
Standing Orders.
( MANAGER UNDER THE FACTORIES ACT 1940 )
1.5. "MANAGEMENT’ shall mean and include the Managing Director/Directors and the
General Manager/Manager or any other person vested with authority by the company
for the Observance, implementation and enforcement of these Service Rules and
Regulations or Standing Orders.
( CHAIRMAN )

1

1.6. In these Standing Orders, the masculine gender shall include the feminine gender and
the Singular shall include the plural wherever such term is used.
1.7. “NOTICE BOARD” shall mean a place where the notices are displayed which are
approved and issued by the Employer on behalf of Management. It would be
specially maintained in a conspicuous place for the purpose of displaying notices
required to be given
1.8. “DISCIPLINARY AUTHORITY” shall mean and include the Board of Director’s
including any Officer duly Authorized by the Board of Director’s.
2.

1.
2.
3.
4.
5.
6.
7.

CLASSIFICATION OF EMPLOYEES/WORKMEN:
Employees/Workmen shall be classified as:
Permanent.
Probationers.
Temporary.
Casual.
Badli.
Trainee/Apprentice/Learner.
Contract Employee.

( Should we add consultants also here)

2.1. “PERMANENT EMPLOYEE/WORKMAN" He is appointed by the Company to
fill a permanent post and has satisfactorily completed the probationary period of one
year or such other extended period thereafter and whose appointment has been
confirmed in writing by the Manager or such other officers duly authorized to do so,
provided vacancy exists.
2.2. (a) A "PROBATIONER" is an employee who is provisionally employed by the
Company to fill a permanent vacancy. The period of probation shall be normally a
period of one year. After satisfactory completion of the period of probation, the
services of probationer will be confirmed in writing. The management at its
discretion may terminate his services or extend the period of probation, in case his
over all performance, work, conduct, attitude, attendance etc., are not satisfactory.
(b) If a permanent employee is employed as a probationer in a new/higher post, he
will be placed on probation for a period of 6 months extendable by 6 months. After
the completion of such specified or extended probationary period, he may be
confirmed in the new/higher post or reverted back to his original post, depending
upon his overall satisfactory performance.
(c) In case, any of the permanent post against which probationer is employed is
abolished, during the probationary period, then the services of the probationer shall
stand terminated automatically, without any notice or compensation.
2.3. "TEMPORARY EMPLOYEE / WORKMAN" is one who is employed to do work
which is essentially of a temporary nature or employed for any work for a specified
period not exceeding six months or as an additional employee in connection with the
work of a permanent character due to exigencies of work.
2.4. "CASUAL EMPLOYEE / WORKMAN" is one who is employed for any work
that is unforeseen, unexpected of essentially casual in nature or on work duration of
period can not be determined.
2.5. “BADLI" workman or employee is one who is employed in any job against the
absence/leave of a permanent or probationary worker.
2.6. "TRAINEE / APPRENTICE /LEARNER" (Under the Management's Scheme) is a
person who is permitted to learn a trade or skill for a period not exceeding One &

2

half year depending on the training required. The Management shall display and
issue a copy of the Apprentice Scheme with all the details. The Management
reserves its right to modify or amend the scheme from time to time depending on the
requirements.
( APPRENTICESHIP ACT 1961 - NO RIGHT OF EMPLOYMENT)
2.7. "CONTRACT EMPLOYEE" shall mean any person who is employed for a fixed
period in the company's service and after the specified period of contract of service,
the same shall automatically cease.
( SPECIFIC PERIOD SAY 6 MONTHS TO 3 YEARS )
3.
3.1.1

APPOINTMENTS:
All appointments of Employee / Employee will be made in writing by the
Managing Director/General Manager or such other Officer duly authorized by the
company.

3.1.A. The employment offered to the employees to work on his own discretion or his will
on a mutually agreed terms and subject to the terms of this Standing Orders.
3.1.

All candidates selected for employment shall furnish to the company a Medical
Certificate of fitness issued by Medical Practitioner approved by the Company and
two copies of passport size photos.

3.2.

During employment, the Management may, at any time require any employee to be
examined by the Company's Medical Officer, if any, or Government Medical
Officer or Government Approved Medical Officer in the suspected cases of T.B,
V.D Cancer, Aids, Heart Ailment etc., If on such examination the employee /
employee is found suffering from any disease or complaint that is infectious or is
of any objectionable nature in the opinion of the Medical Officer or is such that is
liable to continuously or frequently interfere with the employee's normal duties or
with the health of other employees, or found unfit to do the allotted work, the
Management may terminate his services.

3.3.

PROOF OF AGE:

Every employee / employee at the time of reporting to duty should give a
certificate/declaration of the date of birth duly supported by any one of the following:
1.
2.
3.
4.
5.

Extract from Register of Births and Deaths.
Birth/Baptismal Certificate.
School leaving Certificate.
Matriculation Certificate.
Medical Certificate.

On no account the age admitted by the Manager will be altered.
3.4.

RESIDENTIAL ADDRESS:

All Employees are required to intimate in writing any change in their residential address.
In the absence of such intimation it will be presumed that the last address known to the
Company as the current and correct address.
4. ATTENDANCE AND LATE COMING:
4.1.

Every Employee / Workman shall record his daily attendance in the manner
prescribed by the management from time to time.

4.2.

Identity Card: Identity Card shall include ticket pass or token.

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The days on which any category of worker work in the factory shall be noted on his
ticket/Card/Token.
The Ticket/Card/Token shall be delivered at the gate and the card shall be presented to the
department supervisor for entering the days on which any category of workmen worked in
the Department, duly signed by a supervisor of the department or any authorized staff.
4.3.

No Employee/Workman shall leave the premises during the working hours without
prior written permission from the manager or such other officer who is duly
authorized.

4.4.

Every Employee/Workman shall be at his place of work at the time fixed for the
start of his shift.

4.5.

Employee/Workman coming later than 10 minutes is liable to be kept outside the
gate unless permitted by the express permission of the manager or any other
officer duly authorized. The Management shall be entitled to deduct wages for the
period of late attendance.

5. SEARCH:
5.1.

All Employee / Workman while entering or leaving the premises of the factory or
any time, while in the premises of the factory or establishment are liable to be
searched by a member of security department or any other personnel authorized by
the management to do so.

5.2.

No package/Tiffin box or any package of food will be allowed to be taken to the
work place. Tiffin boxes and package of goods should be kept in the rest room/the
security department at the entrance / or such other place as the manager shall
specify from time to time.

6. SHIFT WORKING:
6.1.

Shift working shall be in accordance with the provisions of the Factories Act, 1948
and its amendments from time to time. However, the number of hours of each
shift shall be decided at the discretion of the Management, subject to the
Provisions of Factories Act.

6.2.

More than one shift may be worked in a department or departments or any section
of a department of the Factory or Establishment, at the discretion of the
Management. If more than one shift is worked the employee / workman shall be
liable to be transferred from one shift to another and such employee / workman
will be given two days notice by displaying a notice in the Notice Board. It is the
duty of the employees to leave the premises of the factory on completion of his
shift. If any employees continue to be in the factory premises it will be deemed as
unauthorized and action will be taken as per the terms of the Certified Standing
Orders.

6.3.

In case of discontinuance of any shift, if any workman is to be laid off or
retrenched, such lay-off or retrenchment shall be effected in accordance with the
provisions of the Industrial Disputes Act, 1947 and the rules thereunder. If shift
working is restarted, the workman shall be given notice and re-employed or
employed afresh in accordance with the said act and the rules thereunder.

7. HOURS OF WORK, HOLIDAYS AND OVERTIME:
7.1.

The periods of hours of work for all categories of employees / workmen shall be as
per the provisions of the Factories Act, 1948 and the same will be exhibited on the
Notice Board from time to time.

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7.2.

The management reserves the right to change periods of hours of work, number of
shifts, shift timings, work on all the days of the week with staggered weekly
holidays system etc., at its discretion for any reason whatsoever subject to the
provisions of the Factories Act.

7.3.

Weekly Holidays and substitute weekly holidays will be given subject to the
provisions of the Factories Act, 1948 restrictions or supply of power from TNEB

7.4.

Holidays with pay will be allowed in a year to employee / workman in accordance
with the Tamilnadu Industrial Establishment (National and Festival Holidays) Act.
However, the existing privilege will not be curtailed. List showing the prescribed
festival and other holidays will be pasted on the Notice Board.

7.5.

Subject to the Factories Act, 1948 the management reserves the right to require any
employee to work overtime in any shift on a working day or work on a weekly
holiday and give substitute holiday. Refusal to do such overtime work or work on a
holiday will be considered as disobedience to a lawful order of the Management.

8. LEAVE:
a. Leave with Wages will be allowed to an employee / workman in accordance with the
provisions of the Factories Act, 1948 and the Tamilnadu Factory Rules framed
thereunder.
b. Grant of any leave to a workman shall depend upon the exigencies of work in the
factory/company and shall be at the discretion of the Manager.
c. A workman who desires to obtain leave or absence shall apply in advance to the
Manager, in writing in the prescribed form, if any, or to any other person appointed by
the Manager for this purpose who, if he thinks fit may grant him leave, such
application for leave should be made three days before the date from which the leave
is to commence, except in urgent or unforeseen circumstances when it is not possible
to do so. The Manager or the Officer empowered by the Manager in this behalf shall
issue orders on such application and in case of urgent nature, immediately. If the leave
asked for is granted, a leave pass showing the date of commencement of the leave and
the date on which the workman shall have to resume duty shall be issued to the
workman. If the leave is refused or postponed, the reasons therefore, will be recorded
in the application, and copy of the entry so made in the application shall be given to
the workman, if he desires to have it.
d. If the workman who has proceeded on leave desires a extension thereof, he shall apply
to the Manager in writing or to the person authorized, who shall send a written reply
either granting or refusing the extension of leave to the workman, if his address is
available and if such reply is likely to reach him before the expiry of the original leave
granted to him. Any application for extension of leave of absence received after or at
the expiry of the original leave granted to him. Any application for extension of leave
of absence received after or at the expiry of the original leave of absence shall not be
considered.
e. In case the workman remains absent beyond the period of leave originally granted or
subsequently extended, he shall lose his lien on his appointment unless he returns or
does not communicate the reasons within 8 days (working) of the expiry of the leave
and explains to the satisfaction of the Manager his inability to return before the expiry
of the leave.
f. In case the workman remaining absent for eight working days without applying and
sanction of leave shall automatically lose his lien or his appointment and shall be
treated as having left the services of the company on his own accord.

5



LEAVE RULES:

In addition to this, the procedure for leave will be given separately which will be treated
as part and parcel of this standing orders.

(AGREEMENT)
Sri./Smt……………………………….. is hereby informed that with reference to his / her
application, pursuant to our advertisement in……………………………………………….
/ /19 pertaining to the Scheme of Apprenticeship framed under Standing Orders and
the
subsequent
interview
he/she
had
with
us,
………………………………………………… Departments ………………………. with
effect from……………………for a period not exceeding ………………………. months
on the following terms.
1. His / Her period of APPRENTICESHIP shall be from ……………………….to
……………………….
2. Though the period of training of Apprenticeship is for ……………. months, if he/she
is not found suitable for further training his / her training shall be discontinued and / or
determined at any time at the sole discretion of the undertaking and the decision of the
undertaking shall be final and binding upon him.
3. The undertaking does not guarantee employment to the Apprentice/ Trainee on
completion of ……………… months period of Apprenticeship / Training and he /she
shall be free to look for employment elsewhere the industry.
4. During the period of Apprenticeship / Training, his / her relation with the undertaking
shall not be that of an employee and employer, but that of pupil and teacher.
5. He / she shall be under the supervision and training of the head of the department and
his assistants, who shall be in charge of the training.
6. He / she shall observe all rules of discipline of the undertaking in force from time to
time and shall diligently observe all the rules of safety.
7. He / she shall not, during the course of his/her apprenticeship/training damage, misuse
any of the property of the undertaking.
8. In case of any injury, during the period of apprenticeship / training in the precients of
the establishment of undertakings, the same shall be determined under the provisions
of the Employee's Compensation Act, 1923.
9. He / She shall be paid STIPEND of Rs. ………………. Per Month/Per Day
(Rupees……………………………………………………….. only).
10. The trainee is required to confirm the terms of appointment as a trainee by attesting his
signature /L.H.T.I herein below information.
11. The apprentice after successful training period shall have to agree towards a minimum
period of three years.
For
MANAGER
I Confirm The Above
(Signature / L.H.T.I of the Applicant)

6

To
Sri/Smt. ……………….
………………………..


TITLE:

This Scheme shall be called "__________________________________"
APPRENTICE SCHEME.


OBJECT:

The object of the scheme is to enable the management of the factory to select persons
from among those who are trained in the factory with latest and improved machinery.


ELIGIBILITY:

Only person declared medically fit and who have completed eighteen years of age,
capable of understanding instructions give desirous of taking up occupation in tailoring
industry as his carrier, and who has not been convicted for any offences by court of law
will be admitted to the scheme.


PERIOD OF APPRENTICE TRAINING:

The period of Apprenticeship shall be not less than _______ months divided into 3
stages of ____to _____ months each. During this period the apprentice will be give
practical training in the department or section to which he is attached.
Any apprentice picking up work quickly in any stage may be allowed to the next stage,
while those who are not able to pick up the work expected of him in any particular stage,
may be allowed to remain in that stage for an extended period. However, every apprentice
has to undergo training for not less than ______ months or such other extended period as
per terms of Apprentice Appointment Order.
( PERIOD OF APPRENTICE )


PROGRESS IN APPRENTICE TRAINING:

To assess the progress made by the apprentice appropriate tests shall be given to them
once in every __________ months.


DISONTINUANCE OR TERMINATION OF APPRENTICE TRAINING:

The management may discontinue or terminate the apprentice scheme. Apprentice at
any time without notice, if it is found that the Apprentice has not made any or sufficient
progress in his Apprentice training or that his character and / or conduct is not satisfactory
or that his attendance is bad or for any other reasonable cause.


RULES OF CONDUCT AND DISCIPLINE:

1. He shall attend the factory punctually at the specified hours learn the work assigned in
a through and diligent manner and always remain faithful to the management of the
factory.
2. He shall strictly adhere to the instructions given to him and shall not disobey the same
or other orders.

7

3. He shall not meddle or interfere with any machine or apparatus not entrusted to him,
or in which he is not concerned.
4. He shall not absent himself from work. Any learner who absents himself for (3) three
or more days will be deemed to have abandoned his learning or training voluntarily on
his own accord.
5. He shall not leave his place of work, nor loiter in the factory premises, not sleep while
learning, nor commit any theft, fraud or dishonesty in connection with the company's
property.
6. He shall not resort to strike or incite others to strike work or stage demonstrations
either alone or in company with others.
7. He shall not refuse to receive any communication or notice offered by the company.
8. He shall not collect any money inside the factory, or indulge in any riotous or
disorderly behavior in the factory premises, shall not smoke within the factory
premises, and shall not distribute or exhibit within the factory premises any bill or
posters or pamphlets.
9. He shall not commit any damage to any work in process or to any property of the
company.
10. He shall not commit any act subversive of discipline, which is pre judicial to the
interest of the company.
11. He shall not threaten or abuse, intimidate or assault any employee of the factory at any
time if it is in connection with any matter about service in the factory.
12. Conviction by any court of law for any criminal offence shall be regarded as an act
warranting stoppage of learning or training forthwith.
13. He shall not make any false, malicious or vicious statements public or otherwise
against the factory or its directions, officers or employees.
14. He shall not commit any mistake or indulge in any Act, which is prejudicial to help, or
cleanliness.
15. He shall not leave the factory premises without being searched.
16. Insubordination
17. Will not refuse any authorised work given to him by his supervisors/manager or any
such authorized person


STIPEND DURING APPRENTICE TRAINING PERIOD

It is made clear to all Apprentices admitted to the Scheme that they are not entitled for any
remuneration during the training period. They are only apprentice meant for learning and
will be paid as STIPEND, which is inclusive of cost of living allowance, in terms, of
minimum wages notification for our Industry i.e., 75% of the Minimum Wages (Basic and
D.A) Notification applicable to the Industry.
I

STAGE

3 TO 6 MONTHS

RS.

FOR

II

STAGE

3 TO 6 MONTHS

RS.

FOR

III

STAGE

6 MONTHS

RS.

FOR

8



EMPLOYMENT OPPORTUNITIES:

No apprentice after completion of his Apprentice Scheme period can claim
employment in the factory as a matter of right, however, subject to the availability of
vacancies and the discretion of the management, Apprentices who satisfactorily completes
the 12 months or such extended period of Apprenticeship/Training may be employed as
regular employee of the factory.


RIGHTS OF APPRENTICES:

The apprentices are meant only to learn work and as such they are not workmen of the
factory and are not employee of the factory. They are not eligible or any rights or benefits
that are available to the workmen of the factory. They are governed by the terms of this
scheme only.
The period of apprentices shall not be counted as period of service in factory.
9. STOPPAGE OF WORK:
a. The company at any time in the event of fire, catastrophe, breakdown of machinery’s,
stoppage of power or insufficiency of raw materials, lack of power or orders, process
congestion, accumulation of stocks whether sectional or otherwise or any trade reason
of any cause whatever beyond the control of the company stop the working of any
section or sections thereof wholly or partially for any period or period as per Law.
b. In the event of such stoppage, during working hours the workmen affected shall be
notified by notices put upon the Notice Board in the Departments concerned or at the
office of the Manager as soon as practicable and whether they are to remain or leave
their place of work. The workman shall not ordinarily be required to remain for more
than two hours after the commencement of stoppage. If the period of detention
exceeds one hour, the workman so detained shall be entitled to receive wages for
whole of the time during which they are detained as a result of stoppage unless they
are laid-off. If the period of detention does not exceed one hour, the workmen so
detained shall not be entitled to receive wages for the period of detention. In case of
piece rate workers the average daily earnings of the previous month will be taken to be
the daily wages.
c. The employer may in the event of stoppage of work affecting either wholly or partially
any section or sections of a department of the establishment, close down either wholly
or partially, such section or department or any other section or department affected by
such closing down. The fact of such closure shall be notified by notices put upon the
notice board in the section or department concerned and in the Time Keeper's office as
soon as practicable. The workman concerned shall be notified by a general notice prior
to resumption of work as to when work will be resumed.
d. The Company reserves the right that it may at any time for all or for any of the reasons
enumerated in the above paragraph, lay-off or retrench, subject to the provisions of the
Industrial Disputes Act, 1947. For the purpose of eligibility and payment of
compensation, Section 25B, 25C, 25D, 25E and 25F of the Industrial Disputes Act
shall apply. If during any period of 12 months a workman is laid-off for more than 45
days continuously no compensation is payable for subsequent period of lay-off after
the expiry of the first 45 days. In case, if any lay off compensation is paid beyond 45
days in a period of 12 months, the management, is entitled to deduct the same if it
retrenches any workmen who are laid-off during such period.
10. TERMINATION OF EMPLOYMENT:
10.1.

The services of permanent employee may be terminated either by the Management
or by the employee with one months notice in respect of monthly rated employees,

9

two weeks notice in respect of daily rated employees, or pay in lieu of notice,
subject to Law.
( THE NOTICE TO BE GIVEN TO THE EMPLOYEE &
THE NOTICE ISSUED TO THE EMPLOYEE )
10.2.

The services of a Probationary, Temporary, Casual Workman / Employee / Trainee
may be terminated at any time during or on the expiry of such probationary or
temporary or training period without notice compensation and without assigning
and without any reason.

10.3.

The Product manufactured by the company is of high value and if any workman
spoils or manufactures any defective product using the Raw material will have to
pay the same and same will be deducted from the salary. If the same is repeated
his services will be terminated after conducting domestic enquiry.

11. TRANSFER:
11.1.

An employee / Workman shall be liable to be transferred from one job to another
in any department of section of department in the factory as the Management may
decide at its discretion. To any other location / company / sister concerns where the
business of the employer is being undertaken

11.2.

All the terms and conditions of the transfer shall be specifically mentioned in the
Appointment Order.

11.3.

For any lawful reason Employee / Workmen may be called upon temporarily to do
any other kind of work other than their usual jobs and they shall not refuse to do
such jobs if it does not involve more skill than their present jobs, nor shall they
refuse such transfer. The wages of such employees shall not be reduced.

12. INCREMENTS:
12.1.

Increments in the scales of wages, if any, are not automatic and it shall be earned
by workmen, which is based on their work, attendance and conduct. No increment
will be withheld without giving the workmen a reasonable opportunity to represent
against such action. The Management reserves the right to give double increment
in the same scale grade to any employee for exceptional merit in a year.

12.2.

Subject to the provisions of the Payment of Wages Act, the Management reserves
the right to withhold an employee's increment, if, in its opinion his work, conduct
or attendance is not satisfactory subject to provision of Law.

12.3.

Annual increment will be considered only when it falls due in respect of the
workmen concerned, on the basis of their date of appointment.

13. PROMOTION POLICY:
Employee's promotion to a higher grade / skill is the executive right and function of the
Management. While promoting an employee his merits and seniority will be considered
as main criteria. In deciding merit factor, the employee's / Workman's qualification,
efficiency and attendance, past service records shall be taken in to consideration.
14. RETIREMENT / SUPERANNUATION:
The age of superannuating shall be 58 years and every employee/workman attaining
the said age/service shall be retired from services and no workman shall have any claim to
be continued in the service of the company thereafter.
( RE-EMPLOYMENT OF SUCH RETIRED PERSONS)

10

15. INVENTIONS:
15.1.

Any discovery, invention or improvement whatsoever relating to design of
company's products or any process or methods, techniques or any appliance or
plan available for manufacture carried on or experimented upon by our company
or by any firm or company or in which our company has any interest direct or
indirect made by a workman / employee while in the service of the company will
be forthwith communicated to the company by him. The Workman / Employee
must furnish at the request and expense of the company all particulars thereof.

16. PAYMENT OF WAGES AND DEDUCTIONS:
16.1.

All workman / Employee will be paid wages on a working day in accordance with
the Payment of Wages Act, 1936 and Rules thereunder. Notice specifying the
payday shall be displayed on the Company's Notice Board.

16.2.

An Employee / Workman shall check his wages immediately following its receipt.
No claim for shortage will be considered once the recipient has left the presence of
the person who has made the payment.

16.3.

Payment of dues to such employees as have left the services of the company due
either to their resignations or termination by the company shall be made within 2
days of such action but after the employee has obtained a clearance certificate
from the concerned department of the company.

16.4.

Authorized deductions from the salaries / wages made to employee will be in
accordance with the Payment of Wages Act, 1936 and the Rules thereunder.

17. LAY OFF AND RETRENCHMENT:
17.1.

The management reserves the right to lay-off any workman / employee or retrench
any workman / employee or for bonafide reasons whatsoever and also for such
reasons mentioned in the Industrial Dispute Act, 1947.

17.2.

The compensation payable and procedure to be followed down for lay-off and
retrenchment under the Industrial Disputes Act, 1947 shall be followed.

18. SAFETY HEALTH AND HYGIENE:
Strict observance of all safety instructions by the Workmen/Employee is obligatory.
Workman / Employee shall not, unless specifically authorized interfere with any safety
device or adjust any machine under power or in motion. Where the company provides
protective clothing or appliance for safety of the workman / Employee, these shall be
worn by whosoever engaged in the job for which these have been provided otherwise the
employee concerned shall be liable to disciplinary action. It is obligatory on the part of the
Management to train the employees in usage of First Aid, Fire Fighting, usage of safety
equipment devices. All Employees shall have to agree to undergo the above training.
19. ACCIDENTS:
Any workman / Employee sustaining an injury during the course of his work shall
immediately bring it to the notice of Foreman, Supervisor, Departmental Head, or
Manager for necessary action. All such injuries shall be entered in the register kept for the
purpose by the management.
20. ESSENTIAL SERVICES:
The following personnel shall form the essential services and they shall be on duty at
all times at all times of emergency including occurrence of fire, catastrophe, epidemics,
civil commotion, strike, rioting, lockout etc., for the permanent good of the establishment
and its workmen.

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a.
b.
c.
d.
e.
f.

Watch and Ward and fire brigade personnel.
Electrical/Mechanical and Maintenance Personnel.
Water supply and Medical Personnel.
Telephone Operators / Telex operators, drivers and sweepers.
Medical Staff.
Time keeping, Payroll and Cash Staff.

(PERSONAL ASSISTANTS TO M.D/ DIRECTORS/MANAGERS
CANTEEN AND CANTEEN PERSONNEL
BOILER HOUSE & TURBINE HOUSE PERSONNEL
GENERATOR SECTION
ANY OTHER SERVICES WHICH REQUIRES TO BE CARRIED ON
CONTINUOUSLY OR DECLARED AS ESSENTIAL EMERGENCY
SERVICE BY MANAGEMENT)
21. OTHER EMPLOYMENT:
No workman / employee while in the service of the company or under suspension for
any misconduct is allowed to accept other employment or undertake any work of service,
either directly or indirectly, honorary or otherwise.
Subject to the provisions of any enactment of rule in force in the state for the state for
the time being, the decision of the manager upon any question arising out of, in
connection with or incidental to these Standing Orders shall be final.
22. DUTIES AND OBLIGATIONS:
22.1.

Every workman / employee shall devote his full time of work to the company
diligently and faithfully and observe the rules and regulations contained therein as
well as other instructions, directions, stipulations which are being issued from time
to time by the company.

22.2.

No workman /employee shall reveal any confidential matter regarding the
company's business which has become known to the workman / employee in the
course of his employment with the company.
( REVEAL TO ANY OTHER COMPANY/ OUTSIDERS )

22.3.

A workman / employee shall not undertake any assignment, employment or
business outside his employment without the Company's specific approval in
writing.

22.4.

A workman / employee shall be courteous to their superiors fellow workmen and
visitors and business people.

22.5.

The employee shall wear protective devices furnished by the management. The
protective devices are the property of the company and they must not be taken out
of the factory / office premises under any circumstances unless for on duty work.

22.6.

Each workman / employee shall be responsible for and shall take proper care of
machines, plants, tools, jigs, fixtures etc., generally and specifically entrusted to
him. Workman / Employee shall not take out of the premises any articles,
documents, drawings belonging to the company without a pass in the prescribed
form issued by the management.

22.7.

Workman / Employee shall take all necessary precautions to safeguard the
company's property or prevent accident or damage to it. Workmen shall report any
occurrence which he may notice which may cause danger to himself or to other
workmen or might result in damage to companies property.

12

22.8.

Workmen / Employees working in shifts shall leave the place of work only after
their reliever has taken charge of their duties, otherwise report to supervisor for
alternative arrangement in the interest of uninterrupted working of the machine.

22.9.

The management reserves the right to call any workman / employee according to
exigencies of work, to work on a weekly day of rest or on a declared holiday. In
case of work on a weekly day of rest, he will be given a substitute off as per the
Factories Act and work on the declared holiday he will e given a substitute off as
per the provision of the Tamilnadu Industrial Establishments (National & Festival
Holidays) Act.

22.10. All workman / employee shall produce a satisfactory evidence of age.
22.11. Every workman / employee shall be prepared to and agreeable to perform even a
lower classified job when asked by the management in the interest of uninterrupted
and productive working of the plant / company.
22.12. A workman / employee is liable to perform all jobs which are ancillary to,
incidental to or connected with or preliminary to his main duties.
22.13. A workman / employee is required to strictly abide by the discipline of the factory
without fail. He must not also get himself involved directly or indirectly in any act
of subversive of discipline like abusing, threatening, stopping other
workman/Employee from coming to work, assaulting or fighting etc.,
22.14. A workman /Employee must not indulge in or cause others to indulge in slowing
down production.
22.15. A workman /employee must not indulge in and or force or cause others indulge in
any prejudicial activities inside the premises. Example Holding meetings,
canvassing for union, raising union subscription, shouting slogans, leading or
participating in processions, distribution or display of posters or leaflets, wearing
black armbands/ head bands, moving around with badges displaying demands etc.,
inside the factory/office premises.
22.16. A workman/Employee shall not enter the factory premises outside the duty hours
unless he is required and sent for by any of his superiors in the management.
22.17. No Workman/Employee shall waste or idle away time during his duty hours
through gossiping with co-workers, moving here and there without any work,
business or sitting idle.
22.18. No Workman/Employee shall defame his employer and /or any of the superior
officers for any reasons whatsoever.
22.19. Without 7 days notice, if ten or more workers remain absent in a concerned
manner or after reporting for work resort to stoppage of work without any valid
reasonable cause or in breach of any standing orders or agreement, the
management shall be entitled to deduction of days wages in lieu of notice or for
breach of agreement.
22.20. Check the present standing orders for more clauses
23. NOTICE OF STRIKE
No workman/ employee / group of employees / departments shall go on strike without
giving to the Management 14 days notice in writing of his intention to resort to strike.

13

24. SEXUAL HARASSMENT:
a.

Sexual Harassment Broadly means:

 Any unwelcome sexually determined behaviour whether direct or implied will fall
within the definition of sexual harassment.
 This will include demand or request for sexual favors, sexually colored remarks,
physical contact, advances, showing pornography including obscene screen saver, wall
paper etc.
b. Company wants to ensure that the working environment supports an employee’s
dignity, respect and prohibits such behaviour against its employees by any of its
employees, vendors or clients.
c. Company will take an extremely stern view of any act that is detrimental to an
Individual’s dignity.
d.

Redressal Mechanism



Complaints relating to Sexual Harassment and any other related issues should be
reported to the Complaint Officer or the Personnel officer (Personnel Officer) of the
concerned location. A committee shall be formed in the Factory. The committee shall
comprise of women employees and shall include a woman from any nonGovernmental Organization working for the cause of women. The committee shall
conduct enquiry on the compliant received.



The findings of enquiry should be forwarded by committee to the Board within 3
working days and the disciplinary authority shall initiate immediately disciplinary
action against such erring workmen/employee and if found guilty he should be dealt
with in accordance with the provisions of these Standing Orders.



In cases where the offender is a Client’s or Prospective Client’s employee, a formal
complaint will be lodged with the appropriate authorities for redressal by Compliant
Officer or Personal Officer and will be actively pursued. This will be apart from preemotive action taken by Compliant Officer or Personal Officer to avoid any
recurrence.



In case the complainant is not satisfied with the action taken by Complaint officer or
Personal Officer, the complaint should be escalated directly to Compliant Committee
for redressal write long form.

e.


Review by the Board of Directors
The Board will review all complaints and actions in respect of Sexual Harassment in
its quarterly meetings.

24.A. ANTI - DISCRIMINATION POLICY:
Company shall not discriminate/ restricts the employees in recruitment,
employment/working on the basis of CASTE/ CREED/ RELGION/ NATIONAL
ORGIN/ POLITICAL AFFLIATIONS / GENDER/AGE/RACE OR ETHNIC
GROUP subject to suitability of the employees to the employment and conforming to
the requirement of existing Law of the Land.
25. MISDEMEANOUR:
25.1.

(MISDEMEANOR)

An employee / workman may be warned or censured for under noted offences after
giving him an opportunity to be heard, action as mentioned in the Payment of
Wages Act, 1936 may also be taken against him for any of the under noted
offences.

14

a.
b.
c.
d.

Late attendance
Negligence in performing duties
Neglect of work
Absence without leave or without sufficient cause from the appointed place of
work.
e. Entering or leaving or attempting to enter or leave the premises of the
establishment except by a gate or entrance appointed.
f. Committing nuisance on the premises of the establishment.
g. Breach of any rule or instruction for maintenance of running of machines
26. MISCONDUCT:
The following Acts on the part of the workmen/employees shall without being
exhaustive, constitute misconducts whether alone or in combination and shall render the
workman / employee liable for disciplinary action and award of appropriate punishments.
26.1.

Willful in subordination or disobedience, whether alone or in combination with
others to any of the lawful and reasonable order or orders of the superiors.

26.2.

Theft, fraud or misappropriation of company's funds dishonesty in connection with
the employer's business or property.

26.3.

Theft of property of another workman / employee within the premises of the
company.

26.4.

Willful damage to or loss of employer's goods or property.

26.5.

Taking or giving of any illegal gratification’s.

26.6.

Habitual late attendance or late attendance on more than 3 occasions in a month.

26.7.

Habitual breach of any order or rules and regulations or instructions for
maintenance and running of any department or the maintenance of cleanliness of
any portion of the company.

26.8.

Misbehavior towards customers and visitors.

26.9.

Riotous or disorderly behaviour towards superiors, co-workers during working
hours in the premises of business of the company or outside or any act subversive
of discipline in connection with work of the factory / work.

26.10. Habitual absence from work without sanction of leave or absence without sanction
of leave for more than 8 working days.
26.11. Habitual negligence or neglect of work.
26.12. Frequent repetition of any act or omission for which a fine may be imposed under
the Payment of Wages Act, 1936.
26.13. Striking work singly or in combination with others or inciting others to strike work
in contravention of the provisions of any law or rule having the forces of law/or
any contract including the implied contract of appointment to attend and to work.
26.14. Tempering with any records, evidence, threatening the witnesses, falsifying or
refusing to give testimony when incidents in the undertaking or other matters are
being investigated or being considered.
( TAMPERING )
26.15. False statements made or particulars given in his application form for appointment
or when called upon by the management to make a true statements of any fact in
connection with any matter connected with the work or business of the company.

15

26.16. Sleeping while on duty.
26.17. Absenting from work spot without proper authority and/ or permission during duty
hours or idling away.
26.18. Adopting, participation, instigating, encouraging abetting go slow tactics.
26.19. Carrying lethal weapons, fighting or attempting bodily injury to other workman.
26.20. Drunkenness or conduct which violates common decency and morality.
26.21. Assaulting, abusing, threatening or intimidating, gheraoing any superior or any
other workman / employee of the company, whether inside or outside the factory in
connection with the work / business of the company.
26.22. Gherao or wrongful confinement or coercion of staff / employee.
26.23. Playing cards and gambling within the premises.
26.24. Smoking and / or spitting within the premises of the company other than at the
place where permitted.
26.25. Refusing to sign a statement or declaration given by himself or to receive or sign
notices, warnings, memo etc., issued or given by any superior or the manager.
26.26. Conviction for any offence by a court of law, involving moral turpitude.
26.27. Obtaining leave on being sick and during the same period working elsewhere or
attempting to obtain work elsewhere or obtain leave on false pretext.
26.28. Obstructing, preventing or intimidating any person from attending his or their
normal work or from seeking employment.
26.29. Engaging in activities or giving false statement before any person or authority with
the intention to cheat the company.
26.30. Refusal to submit for search or search on suspicion of theft of company's property.
26.31. Collection of any money within the premises for purpose not sanctioned by the
management.
26.32. Handling any machinery apparatus not entrusted to his charge.
26.33. Refusal to work overtime due to exigencies of work.
26.34. Unauthorized disclosure, to any person, of any information with regard to the
process of the company, which may come in the possession of workman in the
course of his work.
26.35. Canvassing for union membership or for the collection of union dues inside the
premises of the factory / company during the working hours of the company.
26.36. Holding meeting or shouting slogans or leading processions or demonstrations
inside the premises of the company or distributing or accepting inside the premises
hand bills, notices or pasting posters, abusing any superiors in the company.
26.37. Engaging in private work or trade within the premises of the company.
26.38. Refusal to submit for medical examination when directed to do so by the manager.

16

26.39. Failure to observe safety instructions notified by the employer or interference with
any safety device installed within the company.
26.40. While in employment, working for any other employer for any consideration or
otherwise.
26.41. Failure to submit E.S.I information or sickness or the failure or furnish the
management with the certificate of fitness.
26.42. Punching the time card of other workman / employee or to falsify the records in
any manner in respect of attendance or Payment of Wages.
26.43. Habitually remaining in toilets for unreasonably long periods of time.
26.44. Falsifying and tampering with any official records.
26.45. Failure to report accident / injuries while on duty and / or failure to give evidence
in respect of such accidents / injuries.
26.46. Failure to notify the company of change of address.
26.47. Refusal to accept any order of transfer / or to work any shift.
26.48. Committing nuisance at within primes of the Factory.
26.49. Entering the factory premises without permission and / or authority outside the
duty hours.
26.50. Interfering in any manner with any of the management functions and / or right, or
with the work of the other workmen / employees.
26.51. Remaining within the factory premises without permission and / or any official
business after the authorized duty hours.
26.52. Allowing an unauthorized person to operate his machine.
26.53. Unauthorized use of a vehicle of the company and communication systems (like
Telephone/Fax, etc.,)
26.54. Doing any act prejudicial to the interest of reputation of the company.
26.55. Loitering or leaving place of work without sufficient and reasonable cause and
permission during the working hours.
26.56. Not taking proper care of the tools, gauges, jigs, fixtures, or any other company's
property entrusted to him.
26.57. Sudden stoppage of power, switching off electric power resulting in damage to
company's property, machinery or plant.
26.58. Conduct which endangers the lives and safety of other workmen / employees.
26.59. Willfully allowing any unauthorized person to enter the premises outside the
working hours of quarters.
26.60. Trespassing or forcible occupation of the company's premises outside the working
hours of quarters.
26.61. Money lending or borrowing or running a chit funds scheme or engaging any kind
of such trade within the premises of the company.

17

26.62. Deliberate abuse of any concessions or benefits or any leave privilege for the time
being in force.
26.63. Any act which may be considered as misconduct in common parlance.
27.

PUNISHMENT FOR MISCONDUCT:

The following punishments may be imposed for misdemeanor.
27.1. Censure or warning:
Fine, subject to the provisions of the Payment of Wages Act.
27.2. The following punishments may be imposed for major misconduct:
1. Strict warning.
2. Stoppage of increment.
3. Demotion / reduction to a lower grade of post or lower stage in a scale of
Wages.
4. Suspension without wages for a period not exceeding four days
5. Removal from service which does not disqualify for future employment
6. Dismissal from service without notice.
28.

PROCEDURE FOR DISCIPLINARY ACTION:

28.1.

An order of punishment including dismissal shall be made only after the
workman / Employee concerned is informed in writing of the alleged misconduct
and is given an opportunity to explain the circumstances alleged against him and
after conducting the domestic enquiry wherein the charges are proved except when
the misconduct is admitted in writing. During the domestic enquiry, the diligent
employee / workman may have the assistance of any of his co-workman working
in the company, if he is so desires in writing. However, no outsider will be
allowed to assist diligent workman / employee in the enquiry.

28.2.

In awarding punishment under these rules and regulations, the management shall
take into account the gravity of the misconduct and at the same time, may refer to
the previous record of workman / employee and any extenuating or aggravating
circumstances, if any.

28.3.

A workman / employee may be at the discretion of the manager/management,
suspended pending enquiry into any misconduct.

28.4.

a) A workman under suspension pending enquiry shall be entitled to subsistence
allowance in accordance with Law.

b) The payment of subsistence allowance will be subject to the provisions of the
Industrial Employment (Standing Orders) Act, 1946 and the rules thereunder on a
written declaration by the workman / employee that he is not engaged in any other
employment, business, profession or vocation.
c) If after enquiry, a workman / employee is adjudged guilty of the misconduct
alleged against him and punishment is awarded, the workman shall not be entitled
to any remuneration for such period other than the subsistence allowance already
paid to him. If penalty other than dismissal or removal is imposed on him, the
punishing authority shall, by order, decide as to how the period guilty of the
alleged misconduct, he shall be reinstated in his post and shall be paid the
difference between the subsistence allowance already paid the emoluments which
he would have received if he had not been suspended, the period of suspension
being treated as on duty.
28.5.

If on account of the action taken or proposed to be taken against the workman /
employee it becomes necessary to obtain the approval or permission of any

18

authority under Section 33 of the Industrial Disputes Act, 1947 the workman may
be suspended from work without subsistence allowance or wages till the grant of
such approval or permission by the concerned authority. If the workman has
already been suspended from the work the work pending enquiry, the suspension
shall continue till the grant of approval of permission as aforesaid.
29.

COMPLAINTS:
All complaints arising out of his employment, including those relating to unfair
treatment or wrongful exertion on the part of the employer or his agent or his
servant shall be submitted by the employee / workman to the factory manager or
such other officer or officers of the company. The factory managers or such other
officer shall personally investigate the complaints at such times and places as he
may fix and the complainant employee / workman or the recognized association
shall have the right to be present at such investigation. The decision of the
investigation officer and the action, if any taken by him shall be intimated directly
to the complainant or through his recognized association provided the complaint
relating to:
a. Assault or abuse by any person holding a supervisory position.
b. Refusal of any application for urgent leave shall be enquired into without
available delay by the factory manager or such other officer or officers as may be
appointed.

30.

NOTICE AND COMMUNICATION:

Service of any communication, notice or order to a workman / employee shall be
deemed sufficient if it is sent to the last known address of the employee by registered post
with acknowledgment due and exhibiting a copy of the same on the notice board of the
company.
31.

NOTICE PROCEDURE OF:

31.1.

Notice to be exhibited or given under these rules and regulations shall be in
English and Tamil.

31.2.

A workman / employee shall receive any notice or memo which the management
may seek to serve upon him from time to time.

31.3.

If a workman / employee refuses to receive any notice or memo, the person
serving the same shall in the presence of at least one witness make an endorsement
to that effect to the notice or memo, with particulars of date and time of refusal and
put his signature and obtain the signature of witness thereunder and a copy of the
notice may be pasted on the Notice Board and sent to the concerned person by
registered post with acknowledgment due to the last known address and this shall
be deemed sufficient proof of his having received the same.

31.4.

General notices required by these orders shall be given by pasting the same on the
notice board of the company maintained for such purposes. Important notices
concerning individual workman / employee including notice conveying decision to
terminate his services shall be served on the last known address or handed over to
the personally or as per the following paragraph.



Where a workman / employee is not available for service of any such notice or memo
or order, it shall be deemed sufficient service of notice, if such notice memo order by
registered post acknowledgment due is posted to his last known address, a copy of the
same is put on the notice board of the company.

31.5. Any notice, order, charge sheet, communication or intimation which is personal /
official etc., addressed to workman / employee shall be given in English and shall if he so
desires, be explained to him in the language which he understands.

19

32.

ENFORCEMENT:

The factory manager / departmental head concerned shall be held responsible for the
proper and faithful observance and enforcement of the standing orders and of these special
rules made under the Tamilnadu Factories Rules the Supervisors and such other Officers
as may be authorized by the Factory Manager shall also be held responsible for the
faithful observance and enforcement of these Standing Orders.
A copy of these Standing Orders shall be pasted in the time keeper's office and or in all
departments, notice boards and in such other places in the premises of the company as it
decides, both in English and in the language understood by the majority of the
employee/workman and shall be always kept in legible condition.
LEAVE RULES AND HOLIDAY
The leave rules shall form a part and parcel of the Standing Orders / Service Rules and
Regulations. It shall apply to all categories of workmen and staff of
And shall come into force as provided in Section 7 of the Industrial Employment
(Standing Orders) Act, 1946.
1. DEFINITION:
a. "YEAR" means the calendar year.
b. " PER ANNUM" means is construed with reference to the calendar year.
c. "STAFF" means and includes persons defined as "EMPLOYEE"
2. PRIVILEGE LEAVE WITH SALARY:
Every employee / staff member will be entitled to leave with salary as follows:
a. ELIGIBILITY: Every employee / staff member who has worked for 240 days or
more, in a calendar year, shall be entitled during the following calendar year, leave
with the salary mentioned under clause 2 ( c).
b. Every employee / staff member who has joined otherwise than on First January in any
year shall also be entitled in the following year to leave with wage, if he had worked
for two thirds of the total number of the remainder of the days in the calendar year as
mentioned under Clause 2 (c).
c. PREIVILEGE LEAVE RATE: Every employee / staff member who is qualified and
eligible for leave with salary as above shall be entitled to leave with salary at the rate
of one day for every 20 days of work done.
d. Privilege leave with salary may be accumulated to a maximum of 60 days, privilege
leave should be availed in not more than three installments in a calendar year.
e. If a staff member is having more than 15 days of leave with salary to his credit, then
he may be allowed to encash the balance of leave with salary standing to his credit.
f. A staff member who is discharged, dismissed, resigns or otherwise quits/upon
terminating his services, shall be entitled to encashment of un-availed leave with
salary and sick leave standing to his credit.
g. In computing the period of any notice of termination required to be issued under the
Service Rules of the company, the unavailed leave shall be excluded.
( ELIGIBLE SICK LEAVE )

20

3.

NATIONAL AND FESTIVAL HOLIDAYS:

Every employee / staff member shall be entitled to 3 National and 6 Festival Holidays
including May day as per the provisions of the Industrial Establishments (National and
Festival Holidays) Act, 1953 in respective states.


ELIGIBILITY FOR FESTIVAL HOLIDAYS WITH SALARY:

If a employee/staff member has worked for 30 days during the period of 90 days
immediately prior to any declared festival holidays with salary such Employee shall be
eligible for salary for the Festival Holidays.
No substitute of holiday shall be given, if any of the National or Festival Holiday fall
on weekly holidays.
4.

MATERNITY LEAVES:

Every woman employee who is covered under the E.S.I act, will be entitled to
maternity leave as per E.S.I Act with salary for a period of 12 weeks that is six weeks up
to and including the days of delivery and thereafter six weeks immediately following that
day.
5. ELIGIBILITY FOR MATERNITY LEAVE:
The employee concerned must have worked in the establishment at least for a period
of not less than 160 days in a period of 12 months immediately preceding the date of her
expected delivery. Other benefits are as per the provisions made under the Maternity
Benefit Act, 1961.
BOND
This bond is made this the_______________________________________________Day
of _______ 2000/2001 by Mr._______ Son of ________________________ residing
at______________________________ (Herein after called Surety) withnesseth
that the obliger is held and firmly bound to the _______________________ having its
office at___________________________________________________ (hereafter called
the

obliger)

for

the

(Rupees___________________________)

sum
to

be

of
paid

Rs……………………
to

the

said

company

(___________________________________________) for which payments the obliger
and his surety jointly and severally bind themselves by the Bond.
(OBLIGER)

(OBLIGEE)

(SURETY)

21

FORM - I
The Deputy Labour Commissioner,
The Certifying Officer,
Sir,
Under the provisions of Section 3 of the Industrial
Employment (Standing Orders) Act, 1936, I enclose five
copies of the Draft Standing Orders proposed by me for
adopting
in
M/S.
…………………………………………………………………………,
and
Industrial establishment owned/controlled by me, with the
request that these orders may be certified under the terms
of the Act.
I also enclose a statement giving the
particulars prescribed in Rule 5 of the Tamilnadu Industrial
Employment Rules - 1960.
For

Employer/Manager.

The prescribed particulars of workmen, for the purposes of
sub-section (3) of Section 3 of the Act, shall be,1. Total number employed.

-

2. Number of Permanent Workmen.

-

3. Number of Temporary Workmen.

-

4. Number of Casual Workmen.

-

5. Number of badlis or substitutes. 6. Number of Probationers.

-

7. Number of Apprentices.

-

8. Names of the Trade Union or
Trade Unions, if any, to which
the workmen belong.
9.



Remarks.

For

Manager.

Date:

22

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