Standing Orders For The Garden In The Membership of Assam Tea Planters Association

(IN CASE OF DISPUTE THE "STANDING ORDERS" IN ENGLISH SHALL BE REGARDED AS THE AUTHENTIC DOCUMENT)

These order shall come into force on the 1st. July 1956

Classification of workers

In these orders unless there is anything repugnant in the subject or context,

(a) A permanent worker in one who resides in the tea estate and whose name is entered in the estate roll of workers and includes any person who has completed probationary period of 6 (six) months in the same or any other occupation in the industrial establishment, including breaks due to sickness, accident, leave, lockout, strike (not illegal strike) or involuntary closure of the establishment,

(b) A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed 6 (six) months' Service therein.

(c) An "outside worker" is who resides outside, but whose name is entered on the estate roll of workers; provided that one who is a regular

and wholetime worker shall not be deemed to be an outside worker for the purpose of standing Order 9 (b).

(d) A "Temporary Worker" is a worker who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.

(e) "Learner" is a worker who is employed on probation by the Manager and who may be paid a nominal wage during his period of training.

2. Manager of intimating to workmen periods and  hours of works, holidays, pay days and wage rates.

(a) Periods and hours of work: For those workers who are employed at regular and fixed hours, the periods and hours of work shall be posted on a notice board at the office and Factory.

For other workers the period and hours of work shall be intimated by

authorised person either verbally or by signal (Siren gong, bell, etc.) according to the usage of the estate.

(b) Holidays and Pay days: notices specifying,

(i) The days observed by the estate as holidays.

(ii) Pay days

shall be prominently displayed at the office and Factory.

(c) Wage rates: A notice Setting out wages rates (both ticca and piece rates) of classes of workers who are engaged on daily, weekly, fortnightly or monthly wages shall be displayed prominently at the Managers Office and a notice board maintained at or near entrance to the establishment.

(3) Payment of wages

(1) Any wages due to workmen but not paid on usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice board as aforesaid.

(2) All workmen will be paid wages on a working day before  the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wage are payable according as the total number

of workmen employed in the establishment does not or does exceed one thousand.

4. Working hours in the factories shall be regulated in accordance with the Factories Act. 1948 or any subsquent amendment to the said act.

5.Attendamce and late coming

(a) All workers who have not been granted leave by an authorised person or certificated as sick by an authorised member of the medical staff, shall be at work at the time indicated in the manner prescribed in clause 2(a)

(b) If any worker arrives later than half-hour after the stipulated time without sufficient reason he shall be liable to be refused work for that day, or in the case of workers paid on a daily or hourly basis a deduction may be made form wages proportionate to the time absent according to the provisions of the Payment of Wages Act.

(c) Deductions form wages for absence without leave during working hours may also be made in accordance with the provisions of the payment of Wages Act.

6. Conditions of procedure in applying for and the authority which may grant leave & holidays:

(a) Any worker who wishes to obtain leave shall apply to the Manager of his authorised representative who ( this will be made known by notification ) shall issue orders on the application within a week of submission of the application  for leave or two days prior to the commencement of the leave applied for which ever is earlier provided that  if the leave isto commence on the date of application or with in three days thereof, the order shall be passed on the same day. If the leave applied for is refused or postponed, the fact  of such -refusal or postponement and the reason therefore shall be recorded in register to be maintained for the purpose and a copy of the entry in the register shall be supplied to him. The entry shall specify the nature of leave, viz: privilege earned leave, sick, casual and extra ordinary.

(b) If any worker remains absent beyond that leave period granted, he shall be treated as absent without leave unless he shall on his return be able to give to the management a satisfactory reason for his absence.

(c) The number of holidays to be granted and the days which shall be observed as holidays by the estate shall be regulated in accordance with the Plantation and Factories Acts. and Rules thereunder and the customs or usages of the estate.

(d) The Manager or his authorised representative shall be authority which may grant the leave.

7. Requirement to enter premises by certain gates and liability to search:

(a) No worker shall enter or leave the factory premises except by the entrance ment for the purpose.

(b) The Manager may by writing or printed notification posted at the Office and /or factory, debar any worker, workers  or classes of worker entering any prescribed part or parts of the factory or, Office, hospital or bungalow premises.

(c) Factory gates may be kept closed during working hours at the discretion of the Management and no workers must leave the premise during working hours without permission.

(d) All workers shall be liable on entrance or leaving the factory to be detained for search by any authorised person who may acting without malice, suspect that the workers so detained is in wrongful possession

of property belonging to the Company or prejudicial to the security of the premises. Provide that no worker shall be searched except by a person of his or her own sex and in the presence of another person of his or her own sex.

8. Closing and re-opening of Sectional of the Industrial Establishment and temporary stoppage of work and rights and liabilities of the employer and workmen arising thereform.

(a)(1) The Manager may at any time in the event of fire, catastrophe, break done of machinery, stoppage of power or supply, epidemic, civil commotion, strike, extreme climatic conditions for other causes beyond his control close down either the factory or field work or both without notice and without compensation in lieu of notice.

(ii) In the event of such stoppages during working hours, the workmen effected shall be notified by notices put upon the notice board in the office factory, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for than two hours after the commencement of the stoppage. If the period of detention

does not exceed one hour, the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detain shall be entitled to receive wages for the whole time during which they are detained as a result  of the stoppage. In the case of the piece rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation shall be admissible in case of such stoppages. Whenever practicable, reasonable notice shall be given of resumption of normal work.

(iii) In cases where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When, however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them  due notice or pay in lieu thereof.

(b) When either factory or field work has been closed down for any of the above reasons, the Manager shall  order resumption of work as soon as possible, after the cause of the stoppage has ceased to exist or as
soon as is otherwise practicable, provided that it appears to the Manager that a sufficient number or workers are present and willing to resume.

9. Termination of employment and notice thereof to be given by the employer and workmen:

     Notice  of termination of employment, to by Manager or by worker, shall be given equal to the wage period of the worker concerned.

   Provided that-

(a) The Manager may, when a worker is charged with misconduct, direct that such worker be suspected pending investigation by the Manager into the charge of misconduct and during the period of suspension the worker shall be entitled to receive an allowance not less than one half of his wages provided that if the charge of misconduct is not provide the worker shall be entitled to receive the full wage for the period of suspension.

(b) Notice of termination of employment shall be necessary only in case of permanent workers and not in the case of outside or temporary workers expect in so far as is laid down in any agreement entered into between the Manager and such outside or temporary workers.

(c) The Manager may dismiss without notice any worker who is guilty of  gross misconduct but such worker must be informed in writing of the alleged misconduct and be given an opportunity to explain the circumstances alleged against him during which the period he may be kept under suspension.

(d) When the employment of any worker is terminated the wages  earned by him and other sues if any  shall be paid before the expiry of the second working say on which his employment is terminated.

10. Acts or omission which constitute misconduct:

(a) The following acts and omissions shall constitute gross misconduct.

   (1) Wilful insubrodination or disobedience whether alone or in combination with another, or others of any lawful and reasonable order of superior.

92) Theft, fraud or dishonesty in connection with the Company business or property.

(3) Habitual absenteeism without leave.

(4) Habitual late attendance.

(5) Riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline.

(6) Inciting others to disturbance or violence.

(7) Drunkenness while at work.

(8) Habitual breach of rules or instructions for the  maintenance and running of any department or the maintenance of cleanliness of any portion of the estate premises or Factory  compound despite repeated warnings.

(9) Wilful destruction of or damage to garden property.

(10) Repeated disregard of safety rules on factory despite repeated warnings.

(11) Repeated offence of the nature stated under (10) (b) of the Standing Orders.

(b) The Manager reserves the right to fine any worker for the following offences to the extent permitted by the Payment of Wages act.

(1) Smoking in buildings or parts of buildings where smoking is prohibited by notice.

(2) Committing nuisance or any act prejudicial to public health on or near any roads, work sites or building within plantation.

(3) All wilful acts or deliberate omissions which lower the quality of goods manufactured and /or reduce production.

(4) Late attendance and absence without leave.

(5) All acts and omission specified under 10 (a).

(6) Quarreling, fighting or causing a disturbance prejudicial to good order in the factory.

(7) Smoking in duty.

(80 Sleeping on duty.

11. Means or redress for workers against unfair treatment or wrongful exactions by the employer or his Agents or his servants:

    The Manager will be liable personally to receive complaints form any worker who feels himself aggrieved owing to alleged  unfair treatment, wrongful exactions withholding dues, etc. in the satisfied with the adjudication of the Manager, the worker shall be at liberty to represent the grievances to the Labour Commissioner, Assam.

12. Sickness, sick leave, payment of sick and attendance allowance and maternity leave and benefits:

(a) Any worker who is sick or injured shall report personally or by message to the Medical Officer or his representative at the Hospital or Dispensary.

(b) Any worker who is sick or convalescent shall be granted sick leave

aganist certification by the Medical Officer or his representative.

(c) Any worker who is certified as sick or convalescent and unable to work shall be entitled to such rates sick pay as the estate may have qualifying period before commencement of payment as the Manager may lay down.

13. Housing accommodation and Land for cultivation:

(a) Permanent worker and their immediate dependents shall be entitled to occupy rent-free quarters provided by the estate during period of 

and as incident to their employment by the Manager.

(b) Worker may be permitted during the period of and as in incident to their employment to cultivate land belong to the estate on such terms or under such lease, permitted or license as the Manager shall lay down.

14. Liability of Manager:

  The Manager of the estate shall personality be held responsible for the proper and faithful observation of the Standing Orders.

15. Exhibition of Standing Orders:

 A copy of these order in English and Assamese/..................

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shall be posted at the Manager's Office and on a Notice Board maintained at or near the entrance to the establishment and shall be kept in a legible condition.

 

Certified by me this 26th day of april,1956.

Sd/- H. P. Duara.

Certifying officer & labour Commissioner, Assam, Shilong.

 

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