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
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