| 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
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 is to 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.
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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.
(2) 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.
(8) 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 against 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/..................................................................................................................................................................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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