Order 2. Classification of workers

(1) For the purposes of these standing orders, the workers are classified as below, namely:-

(a) permanent;

(b) temporary;

(c) apprentices;

(d) probationers;

(e) Badlis;

(f) fixed term employment; and

(g) casual.

(2) A permanent worker is a worker who has been engaged on a permanent basis in an industrial establishment and includes any person who has satisfactorily completed probationary period of six months in the same or any other occupation in such industrial establishment:

Provided that in computing the period of probation any interruption on account of accident, leave, lockout, strike or involuntary closure of the industrial establishment shall be deemed to be part of such probationary period.

(3) A temporary worker is a worker who has been engaged for work which of an essentially temporary nature, which by its character is likely to be computed within a limited period.

(4) An apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship under the provisions of the Apprenticeship Act, 1961 (52 of 1961).

(5) A probationer is a worker who is provisionally employed to fill a permanent vacancy in a post and has not completed six months service therein:

Provided that the period of probation may upon assessment of performance, be extended for a further period not exceeding three months:

Provided further that a permanent employee is employed as a probationer in a new post, may, at any time during the probationary period of six months, be reverted to former permanent post.

(6) A badli is a worker who is appointed in the place of a permanent worker or probationer who is temporarily absent.

Provided that the substituted worker shall cease to be a badli on completion of a continuous period of service of one year or completion of one hundred and ninety attendances in the case of below ground worker or two hundred and forty attendances in the case of any other worker in the same post or other post or posts in the same category or earlier if the post is vacated by the permanent worker or probationer:

Provided a substituted worker engaged in place of a probationer, shall be deemed to be permanent worker after completion of the probationary period.

(7) fixed term employment is the engagement of a worker on the basis of a written contract of employment with the employer for a fixed period:

Provided that the hours of work, wages, allowances and other benefits shall not be less than those of a permanent worker performing the same work or work of similar nature:

Provided further that such workers shall be eligible for all statutory benefits available to a permanent worker 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:

Provided also such worker shall be eligible for gratuity, if renders service under the contract for a period of one year:

Provided also that for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to such worker at the rate of fifteen days wages, based on rate of wages last drawn by the worker concerned as referred to in sub-section (2) of section 53 of the Code on Social Security, 2020 (36 of 2020).

Explanation- For removal of doubt, it is clarified that the termination of service of a worker as a result of completion of tenure of fixed term employment shall not be included within the meaning of “retrenchment“ as defined under clause (zh) of section 2 of the Code.

(8) A casual worker is a worker who has been engaged for work of an essentially casual nature or whose employment, by its vary character is of a casual nature.