Rules of Employment in India
Applicability of the Act
The Act is applicable to all the industrial establishments where 100 or more workers are/ were employed on any day during the preceding 12 months. However, the government under this Act has power to make the rules applicable to establishments employing less than 100 workers after giving not less than month's notice in the official gazette. A reference can be made to the State of West Bengal wherein the Government made this Act applicable to industrial establishments where there were less than 100 employees on any day during the preceding 12 months. Similar situations arose in various other states as well. On the other hand the government may by following the same procedure also exempt, any industrial establishment or a class thereof, with or without conditions.
This article is a part of INDO JAPAN TRADE AND INVESTMENT BULLETIN, November 2013 and can be read or downloaded from our Slideshare account...
Other section of this article are:-
- OBLIGATION TO ESTABLISH THE RULES OF EMPLOYMENT
- CONTENTS OF RULES OF EMPLOYMENT
- PROCEDURE TO ESTABLISH AND MODIFY THE RULES OF EMPLOYMENT
- VOLUNTARILY ACCEPTED RULES OF EMPLOYMENT
Conclusion:- Therefore it can be concluded that every employer whether governed by the Industrial Standing orders or not ought to frame their own rules which govern and bind their organization. The rules framed by the organization should not be unreasonable or arbitrary. The employers must keep in mind that the requirement to frame their own bye-laws is not to give them an unnecessary upper hand with respect of the employees but is indeed to establish a clear employer-employee relationship.