Intent Notification to incorporate Fixed Term Employment Workman category under the Industrial Employment (Standing Orders) Act, 1946 and Rules made thereunder
Ministry of Labour and Employment Notification G.S.R. 17(E) dated the 8th January, 2018:—
The following draft of certain rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946 which the Central Government proposes to make, in exercise of the powers conferred by section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), is hereby published as required by sub-section (1) of the said section for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken up for consideration after the expiry of thirty days from the date on which the copies of the Gazette of India in which this notification is published are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary, Ministry of Labour and Employment (Industrial Relations Policy Legal Section), Shram Shakti Bhavan, Rafi Marg, New Delhi-110001;
The objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the aforesaid period from the date of publication of this notification in the Official Gazette, shall be considered by the Central Government.
1. (1) These rules may be called the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018.
(2) They shall come into force on the date of their final publication in the Official Gazette.
2. In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in Schedule, in item 1, for the words “fixed term employment workmen in apparel manufacturing sector;”; the words “fixed term employment” shall be substituted;
3. In the Industrial Employment (Standing Orders) Central Rules, 1946,-
(a) in rule 5, for item (6A) and the entries relating thereto, the following item and entries shall be substituted, namely:-
“(6A) Number of fixed term employment workmen;”;
(b) in Schedule 1,-
(i) in paragraph 2,-
(A) in sub-paragraph (a), for item (3A) and the entries relating thereto, the following item and entries shall be substituted, namely:-
“(3A) fixed term employment workmen”;
(B) in sub-paragraph (h), for the words “ fixed term employment workman in apparel manufacturing sector”, the words “fixed term employment workman” shall be substituted.
(ii) in paragraph 13, in sub-paragraph (2), for the words “or fixed term employment workman in apparel manufacturing sector,”, the words “or fixed term employment workman,” shall be substituted.
(c) (i) in Schedule 1A, in paragraph 3,-
(A) in sub-paragraph (a), after item (iii), the following item shall be inserted, namely:-
“(iiia) fixed term employment”;
(B) after sub-paragraph (d), the following sub-paragraph shall be inserted, namely:-
“(da) A ‘fixed term employment’ workman is a workman who has been engaged on the basis of contract of employment for a fixed period:
(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent workman;
(b) he shall be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute”;
(ii) in paragraph 13, for sub-paragraph (b), the following sub-paragraph shall be substituted, namely:-
“(b) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947),-
(i) no notice of termination of employment shall be necessary in the case of temporary and badli workmen; and
(ii) no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:
Provided that a temporary workman, who has completed three months continuous service, shall be given two weeks notice of the intention to terminate his employment if such termination is not in accordance with the terms of the contract of his employment:
Provided further that when the services of a temporary workman, who has not completed three month’s continuous service, are terminated before the completion of the term of employment given to him, he shall be informed of the reasons for termination in writing and when the services of a badli workman are terminated before the return to work of the permanent incumbent or the expiry of his (badli’s) term of employment, he shall be informed of the reasons for such termination in writing.”
Note : The principal rules were published in the Gazette of India vide notification number LR 11(37), dated the 18th December, 1946 and were lastly amended by notification G.S.R. No. 976(E), dated the 7th October, 2016.