standing order ordinance 1968

7/28/2019 Standing Order Ordinance 1968

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INDUSTERIAL & COMMERCIAL EMPLOYMENT

(STANDING ORDER) ORDINANCE-1968

Presenters

Arsalan Mushtaq

Ibad Bin Rashid

Muhmmad Jawwad


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Stoppage of Work

(S.O.11) Employer is entitled to stop working in any section of the

establishment, either wholly or partially.

Causes may be made of fire, catastrophe, break down of

machinery or stoppage of power supply, epidemic, civilcommotion etc.

If the stoppage of work takes place during working hours,the workmen affected shall be informed by notice on theboard in the department concerned, or in the employers

office. Workmen shall not be required to stay for more than two

hours with regard to the payment of the wages for theperiod of detention the rule is as under:


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Stoppage of Work (S.O.11)

1. If the period of detention does not exceed

one hour the detained workmen shall not bepaid wages for the period of detention.

2. If the detention exceed one hour thedetained workmen shall be paid wages forthe entire periods of the detention.


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Lay off [s.o.11]

The employer can lay-off the workers on account offailure of plant, temporary curtailment of production,

or any stoppage of work for reasons mentioned instanding order 11 (i) and when workmen are laid-offfor the aforesaid reason

They shall be paid half the wages for the fist 14 days,

and

If the period of lay-off exceeds 14 days their servicesmay be terminated after giving due notice or pay in

lieu thereof.


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Gratuity

Under Standing Order 12(b) it is payable in the followingcircumstances when

Workmen resigns from services provided the length of his

service is more than 6 months.

The services of a workmen are terminated by the employer.

When a Workmen dies while in the service of the employer.

The gratuity is payable to:

Workmen who resigns from services or whose services are

terminated.

In the case of a deceased workmen, to the dependent through

the commissioner.


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Termination of

employment The law relating to termination of employment may

be studied in respect of:

a) Permanent workmen

b) Non permanent workmen


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Permanent Workmen:

For termination employment of a permanentworkmen, for any reason other than misconduct, it is amust that:

I. One months notice must be given either by theemployer or the workmen.

II. One months wages calculated on the basis of averagewages earned by the workmen during the last 3 months

must be paid in lieu of notice by the employerIII. Above rules will have to be followed by the permanent

workmen who wants to leave his job voluntarily.


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Permanent Workmen:

For terminating the services of a permanentworkmen on the ground of misconduct theprocedure prescribed in standing order 15.

An order in writing clearly stating the reasonfor the action shall be made where theservices of a workmen are terminated.

If the workmen is aggrieved by the aboveaction of the employer he may take actionunder section 24A of industrial relation

ordinance.


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Permanent Workmen:

He shall be entitled to the followingpayments:

a) Wages earned \b) Payment for unavailed leave

c) Any benefit under the ordinance

d) Gratuity equivalent to 30 days wagese) As an alternate to gratuity amount at the

credit in the provident fund.

f) Dependents shall be entitled to gratuity.


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Termination of workmen other

than permanent [S.O 12(2)] Where the employer terminates the services

of :

I. TemporaryII. Probationary

III. Badlie

Where the workmen leaves theemployment of his own accord, he need notgive any noticed or pay wages in lieuthereof.


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Retrenchment and re-

employment [S.O 13 &14] Non seasonal industries: standing order 13

lays down the retrenchment procedure.

The management while taking decision

regarding retrenchment has to follow the ruleof justice.

Workmen is to be retrenched ands he belongs

to a particular category of workmen. It is incumbent on the management to follow

the principle of last come first go on thebasis of common seniority list with regard toworkmen of the same category.


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employment [S.O 13 &14]

Standing order 14 of the industrial andcommercial employment Standing orderordinance 1968b contains sufficient provision

for re employment of retrenched workmen.

Workmen are retrenched and the employerdesires to take into his employment anmy

person within one year of retrenchment heshall give an opportunity to the retrenchedworkmen belonging to the categoryconcerned by sending a notice by registeredport to offer them re employment.


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employment [S.O 13 &14] Above provisions do not apply to workmen

dismissed or terminated.

The employer is entitled to close anydepartment wholly or partially affected bystrike legal or illegal the fact of closure andthe resumption of work has to be duly

notified. The question of payment of wages or

compensation during such period is at the

discretion of the employer.


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employment [S.O 13 &14] Seasonal Industries :

In case of seasonal industries a workmen whohas retrenched in one season and reports for

duty within 10 days of the resumption of work inthe next season he shall be given preference foremployment over new comer.

The employer may send noticed by registered

post to a worker who was retrenched in the

previous season requiring him to report within

specified time .if such worker so reports he shall

be given preference for employment


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Punishment [S.O 15]

S.O 15 provides punishment for certain actsand omissions which have been declared tobe actionable four kinds of punishment.

I. Fine

II. Reprimand

III. Suspension

IV. Dismissal

The actionable acts and omissions understanding order 15 can be divided into twogroups :


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Acts and omissions not amounting to

misconduct [S.O 15(1)] The acts and omissions which do not amount to

misconduct are specified in sub Para and may becalled misdemeanors, such acts are minor

deductions which can be condoned by

reprimanding the workmen or fine to the extent

of three paisa's in a rupee of the wage payable

for a month.

For imposing fine the following procedure is tobe followed:

Workmen should be informed in writing.

He should be given an opportunity to explain

circumstances.


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The following Acts and Omission

shall be treated as misconduct

A. Willful insubordination or disobedience, whether aloneor in combination with others, to any lawful andreasonable order of a superior.

B. Theft, fraud, or dishonesty in connection with theemployers business or property.

C. Willful damage to or loss of employers goods orproperty.

D. Taking or giving bribes or any illegal gratification.

E. Habitual absence without leave or absence without

leave for more than ten day.


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The following Acts and Omission

shall be treated as misconduct

A. Habitual late attendance.

B. Habitual breach of any law applicable to the establishment.

C. Riotous or disorderly behavior during working hours at theestablishment or any act subversive of discipline.

D. Habitual negligence or neglect of work.

E. Frequent repetition of any act of omission.

F. Striking work or inciting others to strike in contravention of theprovision of any law, or rulehaving the force of law.

G. Go slow.


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Misconduct

Something done or omitted to be done, which a man ofOrdinary prudence would not have done or would nothave omitted to do.

Applicable: (S.O-15) General terms-20 or more workerscommercial-20 or more.Industrial-50 or more.Compliance mandatory. Jurisdiction of Labour Court-FairEnquiry. Punishment-quantum-commensurate withnature of fence.

Where Law not Applicable-natural Justice not to becondemned unheard whether a legal provision or not(S.C).


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Thank You!!

standing order ordinance 1968

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