Form (ii)

(See Model Standing Order No. 13)

Service Card

Name of Estt. / Factory

Identity Badge No. /Token No.

1. Register Serial No

2. Name

3. Permanent Account Number (PAN),

4. Universal Account Number (UAN)

5. Category of worker (unskilled, semiskilled,

skilled or highly skilled),

6. Details of family members

7. Aadhaar number, if consented by the

worker

8. Specimen Signature/Thumb Impression

9. Father‘s or Mother‘s or Spouse name

10. Gender

11. Date of Birth

12. Place of Birth

13 Date of Joining

14. Details of Medical certificate at the time of

joining

15. Educational and other qualifications

16. Language which the worker can read

17. Language which the worker can write

18. Language which the worker can speak

19. Height

20. Identification Marks

21. Department

22. Mobile number and email

23. Permanent Address

24. Local Address

25. Quarter No.

26. Provident Fund Account No.

27. Nominee for Gratuity

28. Nominee for pension, if any

29. Employees State Insurance No.

30. Training courses attended (details)

31. Eligibility for higher jobs

32. Proficiency tests passed.

33. EMPLOYMENT HISTORY

Depar Token Designation Scale Joined Left ( Reason)

tment No. of

Pay

1 2 3 4 5 6

34. ABSENCE PERIODS

Form To Reason Medical reports regarding suitability for

continued employment

(i) Sick

Leave

(ii) Earned

Leave

(iii) Any

other Leave

35. Maternity Benefit

36. Employee‘s Compensation

Details of accidents :

37. Details of Disciplinary Action

38. Promotions

(i) Details

(ii) Awards

(iii) Issue of Certificate of commendation

39. Date of superannuation

40. Any other matter

Signature or Thumb impression of the person verifying.

[Schedule- B (See Rule 12)] – Service Sector

Draft Model Standing Orders

[See Section 29(1) and Rule 12]

1. Definition.- (1) In these Model Standing Orders, unless there is anything

repugnant to the subject or the context,-

(a) ‘aadhaar” means the aadhaar referred to in Section 142 of the Code on Social

Security, 2020 (36 of 2020)

(b) “code” means the Industrial Relations Code, 2020 (35 of 2020);

(c) “form” means a form set out in Schedule appended to these standing orders;

(d) “habitual” means with respect to indiscipline, a worker shall be habitual if the

worker commits any misconduct three or more times in preceding twelve months;

and

(e) “standing order” with its grammatical variation and cognate expressions, means

the standing order of these model standing orders.

(2) The words or expressions used in these model standing orders and not defined

therein but defined in the Industrial Relations Code, 2020 (Central Act No. 35 of

2020) shall have the respective meanings assigned to them in the definitions in the

Code.

2. (1) Classification of Worker.- For the purposes of these standing orders, the

workers are classified as below, namely:-

(a) Permanent;

(b) Temporary;

(c) Apprentices;

(d) Probationers;

(e) Badlis;

(h) Fixed Term Employment; and

(i) 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 a probationary period of six months in the same or another occupation

in the industrial establishment including breaks due to sickness, accident, leave,

lockout, strike (not being an illegal strike) or involuntary closure of the industrial

establishment.

(3) 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.

(4) ‘Apprentice’ means a person who is undergoing apprenticeship training in

pursuance of a contract of apprenticeship under the Apprenticeship Act, 1961

(Central Act No. 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. The period of

probation can be extended further period up to three months after assessing the

performance of the probationer for the post, he has been appointed for. If a

permanent employee is employed as a probationer in a new post he may, at any

time during the probationary period of six months, be reverted to his old

permanent post.

(6) A ‘badli’ is a worker who is appointed against the post of a permanent worker or

probationer who is temporarily absent.

(7) "Fixed term employment" means the engagement of a worker on the basis of a

written contract of employment with the employer for a fixed period:

Provided that—

(a) his hours of work, wages, allowances and other benefits shall not be less

than that of a permanent worker doing the same work or work of similar nature;

(b) he 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;

(c) he shall be eligible for gratuity, if he renders service under the contract

for a period of one year; and

(d) for every completed year of service or part thereof in excess of six

months, the employer shall pay gratuity to the 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 (Act No.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 Industrial Relations Code, 2020 (Act No.35 of 2020).

(8) “Casual” worker is a worker who has been either engaged for work which is of

an essentially casual nature or whose employment is of a casual nature.

3. Identity Badge or Card.- (1) All workers belonging to any categories under the

Industrial Relations Code, 2020(Act No. 35 of 2020) shall be issued an identity

badge or card bearing his full name, designation, employee number, blood group,

contact number, emergency contact person and his number, and a recent

photograph.

(2) A worker should always wear his identity badge or card during the working

hours of the industrial establishment and produce the same to the authorized

security guard or personnel to allow him the right of entry and stay in the

premises of the industrial establishment.

(3) Such identity badge shall not be transferable to any other persons or workers.

Safe custody of the identity badges or cards shall be ensured by the concerned

workers.

(4) Every worker, who ceases to be in employment of the industrial establishment

or is suspended from services, shall surrender his identity badge or card to the

Department Head or the officer of the industrial establishment designated for such

purpose.

4. Publication of Working Timings.- (1) The periods of hours of work for all

categories of workers shall be exhibited on the notice board or Electronic Notice

Board and on the Human Resource Portal/IT Application of the industrial

establishment, if any, from time to time in Hindi, English and in local language in

which majority of workers in the industrial establishment are conversant.

Provided that in case of IT Sector, the working hour shall be as per agreement or

conditions of appointment between employer and workers.

(2) Any change in periods of hours of work, number of shifts, shift timings, work

on all the days of the week with staggered weekly holidays system or like other

matters, shall also be displayed on notice board or electronic notice board of the

industrial establishment.

5. Publication of Holidays, Pay days and Wage rates.- (1) Notices specifying the

days observed by the industrial establishment as holidays, and pay days shall be

posted on the electronic notice board or notice board and website or Human

Resource portal/IT Application of the industrial establishment, if any.

(2) A list of national and festival Holidays shall be displayed on the Electronic

notice board or notice board and website or Human Resource portal of the

industrial establishment, if any.

Explanation: If a worker is required to work on any Holidays, he/she shall be given

benefits as per prevalent law(s) applicable to workers.

6. Publication of wage rates.- Wage rates payable to all categories of workers

shall be displayed on the electronic notice board or notice board and website or

Human Resource portal of the industrial establishment, if any, in Hindi, English

and local language in which majority of workers in industrial establishment are

conversant.

7. Shift working.- (1) More than one shift may be worked in a department or

departments or any section of a department of the industrial establishment at the

discretion of the employer. If more than one shift is worked, the worker shall be

liable to be transferred from one shift to another. No shift working shall be

discontinued without twenty one days’ notice being given in writing to the workers

prior to such discontinuance:

Provided that no such notice shall be necessary if the closing of the shift is

under an agreement with the workers affected or mutually agreed between

employer and worker. If as a result of the discontinuance of the shift working, any

worker is to be retrenched, such retrenchment shall be effected in accordance with

the provisions of the Industrial Relations Code, 2020 (Act No. 35 of 2020) and the

rules made there under. If shift working is re-started, the workers shall be given

notice and re-employed in accordance with the provisions of the said Code and the

said rules.

(2) Whenever an additional shift is started, or shifts are restarted or discontinued

or altered, twenty- one days prior notice, shall be given to the affected workers:

Provided that no notice shall be required in case of emergent situation which

requires change of shift or shift working, otherwise than in accordance with

Standing Order, in consultation with Grievance Redressal Committee in pursuant

of clause (c) section 40 of the Industrial Relations Code, 2020 (Act No. 35 of 2020):

Provided further that if there is an agreement between employer and worker

regarding change of shift, then no prior notice is required to given by the

management/employer.

Provided also that no notice shall be required, if such change is effected in

accordance with the orders of the Central Government or State Government, as

the case may be, or in pursuance of any settlement or award as envisaged in

clause (d) of section 40 of the Industrial Relations Code, 2020(Act No.35 of 2020).

8. Notice of changes in shift working.- Any notice of discontinuance or of re-

starting of a shift working required by this Standing Order, shall be in Form-(i)

appended to these standing orders and shall be served in the following manner,

namely :-

(a) The notice shall be displayed conspicuously by the employer on a notice-

board or electronic notice board and Human Resource portal of the

industrial establishment if any; and

(b) Where any registered trade union of workers exists, then, a copy of the

notice referred to in clause (a) shall also be served electronically or by

registered post to the Secretary of such union.

9. Work from home, remote location and virtual workplace.- Subject to

conditions of appointment or agreement between employer and workers, employer

may allow a worker to work from home, remote location and virtual workplace for

such period or periods as may be determined by employer.

10. Attendance and Late Coming.- (1) All workers shall be at work at the time

fixed and notified under paragraph 5.Worker attending late will be liable for

deduction provided for in the Code on Wages, 2019 (Act No. 29 of 2019).

(2) All workers shall comply with the regulations related to hours of work for the

time being in force.

(3) Workers shall register their attendance at the start of the shift and at the close

of the shift after and before change of uniform, if any, respectively.

(4) Workers shall use identity card or biometrics or any other system as has been

notified to register their attendance.

(5) No worker shall use or punch the Identity badge or Card other than his own

under any circumstances.

(6) Any worker, reporting late than the scheduled time for reporting shall not be

permitted to enter his department or section, unless permitted by the express

permission of the manager, or any other officer, duly authorized for such purpose.

(7) A worker shall be deemed absent, if he/she fails to attend duty, unless he has

obtained written permission for such absence from the manager or the Officer

authorized in this behalf.

(8) A worker who comes late and remains absent will be liable to deduction of

wages as provided under the Code on Wages, 2019 (Act No.29 of 2019).

11. Leave.- (1) Holidays with pay will be allowed as provided for in the

Occupational Safety, Health and Working Conditions Code, 2020 (Act No.37 of

2020), and other holidays in accordance with law, contract, custom and usage

applicable.

(2) Leave cannot be claimed as matter of right.

(3) A worker who desires to obtain leave of absence shall apply to the employer or

any other officer of the industrial establishment specified in this behalf by the

employer at least seven days in advance from the date of proposed date of leave.

The employer or any other officer of the industrial establishment, who is

responsible for issuing the order, shall issue the same within a week of its

submission or two days prior to the commencement of the leave applied for,

whichever is earlier. If the leave has been applied and the leave is to commence on

the date of the application or within three days thereof, then the worker shall

mention the reason for late submission of application for leave. The order on such

leave shall be given on the same day. If the leave is refused or postponed, the fact

of such refusal or postponement and the reasons there for shall be communicated

to him in writing or electronic mode.

(4) Where the worker after proceeding on leave desires an extension thereof, he

shall apply to the employer or the officer specified in this behalf by the employer,

who shall send a reply either granting or refusing extension of leave to the worker

in writing or electronic mode, and if such reply is likely to reach him before the

expiry of the leave originally granted to him.

(5) Leave with wages and allowances shall be granted to all the workers in

accordance with the law as applicable to the industrial establishment and under

Standing Orders.

(6) No employee while on leave shall take up any employment or any vocation for

profit or gain.

12. Casual Leave.- A worker may be granted casual leave of absence with wages

not exceeding ten days in the aggregate in a calendar year. Such leave shall not be

for more than three days at a time except in case of sickness.

Such leave is intended to meet special circumstances which cannot be foreseen.

Ordinarily, the previous permission of the head of the department or the

controlling authority in the industrial establishment shall be obtained before such

leave is taken, but when this is not possible, the head of the department or the

controlling authority shall, as soon as may be practicable, be informed in writing

or through electronic mode of the absence from and of the probable duration of

such absence.

13. Payment of Wages. –

(1) The employer shall pay or cause to be paid wages to the worker, engaged on—

(i) daily basis, at the end of the shift;

(ii) weekly basis, on the last working day of the week, that is to say, before

the weekly holiday;

(iii) fortnightly basis, before the end of the second day after the end of the

fortnight;

(iv) monthly basis, before the expiry of the seventh day of the succeeding

month.

(2) All wages shall be paid in current coin or currency notes or by cheque or by

crediting the wages in the bank account of the worker or by the electronic mode.

Provided, the employer shall pay the wages only by cheque or by crediting the

wages in his bank account if specified through notification by appropriate

government, under the Code on Wages, 2019

(3) Where a worker has been—

(i) removed or dismissed from service; or

(ii) retrenched or has resigned from service, or became unemployed due to

closure of the establishment, the wages payable to him shall be paid within

two working days of his removal, dismissal, retrenchment or his resignation,

as the case may be.

(4) Every employer shall issue wage slips to the worker in such form and manner

as prescribed in Code on Wages, 2019.

(5) There shall be no deductions from the wages of the worker, except those as are

authorized under the Code on Wages, 2019.

(6) All fines and all realisations from the wages of the worker shall be carried out

in accordance with the section 19 of the Code on Wages, 2019.

(7) Notice specifying wage period and payment date shall be exhibited on the notice

board or electronic board and on the Human Resource portal/IT Application in

Hindi, English and regional language familiar to the majority of workers.

14. Service Record.- (1) Matters relating to service card, certification of service,

change of residential address of workers and record of their age shall form part of

service record and –

(i) Every industrial establishment shall maintain a service card in respect of each

worker electronically or in manual form, wherein particulars of that worker shall

be recorded with the knowledge of that worker in Form-(ii) and it shall be updated

periodically. In case of manual maintenance of service card, the record shall be

duly attested by an authorized officer in this behalf together with date.

(ii) Every worker shall be entitled to a service certificate, specifying the nature of

work, designation and the period of employment (indicating the days, months,

years) at the time of discharge, termination, retirement or resignation from service

to be issued by an employer within 10 days of such instance;

(iii) A worker shall notify the employer immediately on engagement, the details of

his residential address, mobile number, e-mail, emergency contact name and

number, nominees for claiming dues in case of death and thereafter promptly

communicate to his employer any change of his residential address. In case, the

worker has not communicated to his employer the change in his residential

address, his last known address shall be treated by the employer as his residential

address for sending any communication;

(iv) Every worker shall indicate his exact date of birth to the employer or the officer

authorized by him in this behalf, at the time of entering service in the industrial

establishment. The employer or the officer authorized by him in this behalf may

before the date of birth of a worker is entered in his service card, require him to

supply,-

(a) his matriculation or school leaving certificate granted by the Board of

Secondary Education or equivalent certificate granted by similar

educational authority; or

(b) a certified copy of his date of birth as recorded in the registers of a

municipality, local authority or Panchayat or Registrar of Births; or

(c) a copy of Aadhaar, if agreed by the worker; and

(d) in the absence of either of the aforesaid three categories of certificate, the

employer or the officer authorised by him in this behalf may require the

worker to supply, a certificate from a Government Medical Officer not

below the rank of an Assistant Surgeon indicating the probable age of the

worker:

Provided that the cost of obtaining such certificate is borne by the employer;

(v) where it is not practicable to obtain a certificate from a Government Medical

Officer, an affidavit sworn, either by the workman or his parents, or by a near

relative, who is in a position to know about the workman‘s actual or approximate

date of birth, before a first Class Magistrate or Oath Commissioner, as evidence in

support of the date of birth given by him.

(2) The date of birth of a worker, once entered in the service card of the industrial

establishment shall be the sole evidence of his age in relation to all matters

pertaining to his service including fixation of the date of his retirement from the

service of the industrial establishment. All formalities regarding recording of the

date of birth shall be finalized within three months of the date of the appointment

of a worker.

(3) Cases, where date of birth of any worker had already been decided before the

date these standing orders come into force shall not be reopened under these

standing orders.

Note.- Where the exact date of birth of a worker is not available and the year of

birth is only established, then, the 1stJuly of the said year shall be taken as the

date of birth.

15. Confirmation.- The employer shall, in accordance with the terms and

conditions stipulated in the letter of appointment, confirm the eligible worker and

issue a letter of confirmation to him. Whenever, a worker is confirmed, an entry

with regard to the confirmation shall also be made in his service card within a

period of thirty days from the date of such confirmation.

16. Age of retirement.- The age of retirement or superannuation of a worker shall

be such as may be agreed upon between the employer and the worker under a

written agreement or as specified in a settlement or award which is binding on

both the worker and the employer. Where there is no such agreed age, retirement

or superannuation shall be on completion of fifty eight years of age by the worker.

17. Transfer.- (1) There shall be a transfer policy of the industrial establishment

and same shall be known to all workers. The details of transfer policy shall be

available on the Human Resource (HR) portal.

(2) A worker may be transferred according to the transfer policy and exigencies of

work from one shop or department to another or from one station to another or

from one industrial establishment to another under the same employer:

Provided that the wages, grade, continuity of service and other conditions of

service of the worker shall not be adversely affected by such transfer:

Provided further that a worker shall be transferred from one job to another,

which he is capable of doing:

Provided also that where the transfer involves moving from one State to

another such transfer shall take place, either with the consent of the worker or

where there is a specific provision to that effect in the letter of appointment and

transfer policy in accordance with such provision and policy:

Provided also that unless -

(a) reasonable notice is given to such worker, and

(b) reasonable joining time is allowed in case of transfers from one station to

another and the worker concerned shall be paid travelling allowance

including the transport charges and fifty per cent thereof to meet

incidental charges, such transfer shall not be effected.

(3) Subject to the provisions contained in paragraph (1) and (2), the employer may,

transfer, depute or assign a worker to any other assignment, team, department or

office (whether in India or abroad) of the employer or any affiliates / client of the

employer.

18. Medical aid in case of accidents.- (1) Where a worker meets with an accident

in the course of or arising out of his employment, the employer shall, at the

employer‘s expense, make satisfactory arrangements for immediate and necessary

medical aid to the injured worker and shall arrange for his further treatment, if

considered necessary by the doctor attending on him.

(2) Wherever the worker is entitled for treatment and benefits under the Social

Security Code, 2020 (Act No.36 of 2020), then, he shall be entitled for treatment

and benefits under that Code.

19. Medical Examination.- (1) Wherever the recruitment rule or any contract of

appointment or Fixed Term Employment specify medical examination of a worker,

on his first appointment, the employer shall at the employer‘s expense make

arrangements for medical examination.

(2) All workers to be employed in the industrial establishment shall be required to

clear the medical examination by the Medical Authority nominated by the

industrial establishment for such purpose, at the time of first appointment.

(3) The industrial establishment may at any time direct any worker to undergo

medical examination by any Medical Officer nominated to ascertain workers’

fitness relatable to satisfactory performance of his job. The term “Medical Officer”

shall have same meaning as it has in sub-section (1) of section 42 of Occupational

Safety, Health and Working Condition Code, 2020 (Act No.37 of 2020).

(4) A worker who comes to know that he has contracted any infectious or

contagious disease shall immediately notify the concerned Manager of such a

happening and shall remain away from work until permitted to return on work by

the Manager concerned and during such period, the worker shall be treated on

leave to the extent of days he has leave with wages to his credit. Disciplinary

action may be taken against a worker if he deliberately suppresses the fact of his

suffering from an infectious or contagious disease and such a conduct on the part

of the worker shall amount to misconduct within the meaning of these Standing

Orders.

20. Secrecy.- No worker shall take any papers, books, drawings, photographs,

instruments, apparatus, documents or any other property either in electronic form

or physical form, of an industrial establishment out of the work premises except

with the written permission of his immediate superior, nor shall he in any way

pass or cause to be passed or disclose or cause to be disclosed any information or

matter concerning the manufacturing process, trade secrets and confidential

documents of the industrial establishment to any unauthorized person, company

or corporation without the written permission of the employer. Disciplinary action

may be taken against a worker if he does not comply with the provisions in this

paragraph and such a conduct on the part of the worker shall amount to

misconduct within the meaning of these Standing Orders.

21. Exclusive Service.- A worker shall not at any time work against the interest

of the industrial establishment in which he is employed and shall not take any

employment in addition to his job in the industrial establishment, which may

adversely affect the interest of his employer, but, the employer may permit him to

take up additional job, assignment with conditions or without conditions and the

worker shall obtain prior permission of the employer.

22. Stoppage of work. - (1) The employer may, at any time, in the event of fire,

catastrophe, break-down of machinery or stoppage of power supply, disaster,

pandemic, epidemics, civil commotion or other cause beyond his control, stop any

section or sections of the industrial establishment, wholly or partially for any

period or periods without notice.

(2) In the event of such stoppage during working hours, the workers affected shall

be notified by notices put upon the notice board or electronic notice board or on

the Human Resource Portal/IT application or through any other electronic

medium of the industrial establishment, if any, as soon as practicable, when the

work will be resumed and whether they are to remain or leave their place of work.

The worker shall not ordinarily be required to remain for more than two hours

after the commencement of the stoppage. If the period of detention does not exceed

one hour the worker so detained shall not be paid for the period of detention. If the

period of detention exceeds one hour, the workers so detained shall be entitled to

receive wages for the whole of the time during which they are detained as a result

of the stoppage. In case of piece rate workers, the average daily earning for the

previous month shall be taken to be the daily wage. No other compensation will be

admissible in case of such stoppages. Wherever practicable, reasonable notice

shall be given of resumption of normal work.

(3) In cases of temporary stoppage of work on account of failure of plant or reasons

as specified in paragraph (1) or temporary curtailment of production of goods and

services, the period of unemployment shall be treated as compulsory leave either

with or without pay, as the case may be, but where workers have to be stopped for

an indefinitely long period, their employment may be terminated after giving them

due notice or pay in lieu thereof.

(4) The employer may in the event of a strike affecting either wholly or partially any

section or department of the industrial establishment close down either wholly or

partially such section or department and any other section or department affected

by such closing down, then, the fact of such closure shall be notified by notices

put on the notice board or electronic notice board or on the Human Resource

portal of the industrial establishment, if any, as soon as practicable. The workers

concerned shall also be notified by a general notice, prior resumption of work, as

to when work will be resumed.

23. Termination of Employment:

(1) Subject to the provisions of the Industrial Relations Code, 2020 (Act No.35 of

2020) and rules framed there under, for terminating employment of a permanent

worker, prior notice of one month shall be given or the worker shall be paid wages

in lieu of such notice period and in case of remaining workers as specified in sub-

paragraph (3), the notice period shall be regulated as provided in that sub-

paragraph.

(2) No temporary worker whether monthly rated, weekly rated or piece rated, and

no probationer or badli or fixed term employment or casual worker as a result of

non-renewal of contract or employment or on its expiry, shall been titled to any

notice or pay in lieu thereof, if his services are terminated:

Provided that the services of a temporary worker shall not be terminated as

a punishment unless he has been given an opportunity of explaining the charges

of misconduct alleged against him in the manner specified in this behalf under

these standing orders.

(3) Where the employment of any worker is terminated, the wages earned by him

and other dues, if any, shall be paid before the expiry of the second working day

from the day on which his employment is terminated.

24. Disciplinary action for misconduct.-(1) A worker may be suspended by the

employer pending investigation or enquiry into complaints or charges of

misconduct against him. Such investigation or enquiry, or where there is an

investigation followed by enquiry, both the investigation and enquiry shall be

ordinarily completed within ninety days from the date of suspension. The worker

shall be paid subsistence allowance during the period of suspension which shall

be subject to the worker not taking any employment elsewhere during the period of

suspension.

(2) The amount of subsistence allowance payable to such worker shall be as

under, namely:-

(a) at the rate of fifty percent of wages which the worker was entitled to

immediately preceding the date of such suspension, for the first ninety

days of suspension; and

(b) at the rate of seventy-five per cent of such wages for the remaining period

of suspension, if the delay incompletion of disciplinary proceedings

against such worker is not directly attributable to the conduct of such

worker.

(3) For the purposes of this standing order, the following shall denote misconduct,

namely:-

(a) theft, fraud, or dishonesty in connection with the employer‘s business or

property;

(b) taking or giving of bribes or an illegal gratification whatsoever in

connection with the employer‘s business or his own interests;

(c)wilful insubordination or disobedience, whether alone or in conjunction

with another or others, or of any lawful or reasonable order of a superior.

The order of the superior should normally be in writing;

(d) habitual late attendance and habitual absence without leave or without

sufficient cause;

(e) drunkenness, fighting or riotous, disorderly or indecent behaviours while

on duty at the place of work;

(f) habitual neglect of work;

(g) causing willful damage to work in progress or to property of the employer;

(h) sleeping on duty;

(i) malingering or slowing down work;

(j) acceptance of gifts from subordinate employees;

(k) conviction in any Court of Law for any criminal offence involving moral

turpitude;

(l) continuous absence without permission and without satisfactory cause

for more than ten days;

(m) giving false information regarding one‘s name, age, father‘s name,

qualification or previous service at the time of the employment;

(n) leaving work without permission or sufficient reason;

(o) threatening, abusing or assaulting any superior or co-worker;

(p) preaching of, or inciting to, violence;

(q) abetment of or attempt to abetment of any of the aforesaid acts of

misconduct;

(r) going on illegal strike either singly or with other workers without giving

14 day‘s previous notice;

(s) disclosing to any unauthorized person of any confidential information in

regard to the working or process of the industrial establishment which

may come into the possession of the worker in the course of his work;

(t) refusal to accept any charge-sheet or order or notice communicated in

writing;

(u) failure or refusal to wear or use any protective equipment given by the

employers;

(v) claiming false bill for reimbursement; and

(w) Involvement in unauthorized access of any IT system, computer network

of the employer/ customer/client.

(x) “sexual harassment” as defined in clause (n) of section 2 of the Sexual

Harassment of Women at Workplace(Prevention, Prohibition and

Redressal) Act, 2013 (Act No.14 of 2013) and includes the circumstances

specified in sub-section (2) of section 3 of the said Act.

Note:- The words defined in The Bharatiya Nyaya Sanhita (BNS), 2023

(Act No.45 of 2023) and used in this sub-paragraph shall have the same

meaning as defined in such Code.

(4) (a) Where a disciplinary proceeding against a worker is contemplated or is

pending or where criminal proceedings against him in respect of any offence are

under investigation or trial and the employer is satisfied that it is necessary or

desirable to place the worker under suspension, he may, by order in writing,

suspend him with effect from such date as may be specified in the order. A

statement setting out in detail the reasons for such suspension shall be supplied

to the worker within a week from the date of suspension.

(b) In the enquiry, the worker shall be entitled to appear in person or to be

represented by an office-bearer of a Trade Union of which he is a member or a co-

worker of his choice.

(c) The proceedings of the enquiry shall be recorded in Hindi or in English or the

language of the State where the industrial establishment is located, whichever is

preferred by the worker.

(d) The proceedings of the inquiry shall be completed within a period of ninety

days:

Provided that the period of ninety days may, for reasons to be recorded in

writing, be extended for such further period as may be deemed necessary by the

inquiry officer.

(e) If on the conclusion of the enquiry or of the criminal proceedings, as the case

may be, the worker has been found guilty of the charges framed against him and it

is considered, after giving the worker concerned a reasonable opportunity of

making representation on the penalty proposed, that an order of dismissal or

suspension or fine or stoppage of annual increment or reduction in rank would

meet the ends of justice, the employer shall pass an order accordingly:

Provided that when an order of dismissal is passed under this clause, the

worker shall be deemed to have been absent from duty during the period of

suspension and shall not be entitled to any remuneration for such period, and the

subsistence allowance already paid to him shall not be recovered:

Provided further that where an order imposing fine or stoppage of annual

increment or reduction in rank is passed under this clause, the worker shall be

deemed to have been on duty during the period of suspension and shall be entitled

to the same wages as he would have received if he had not been placed under

suspension, after deducting the subsistence allowance paid to him for such period:

Provided also that in the case of a worker to whom the provisions of clause

(2) of article 311 of the Constitution apply, the provisions of that article shall be

complied with.

(f) If on the conclusion of the inquiry, or as the case may be, or the criminal

proceedings, the worker has been found not to be guilty of any of the charges

framed against him, he shall be deemed to have been on duty during the period of

suspension and shall be entitled to the same wages as he would have received if he

had not been placed under suspension after deducting the subsistence allowance

paid to him for such period.

(g) The payment of subsistence allowance under this sub-paragraph shall be

subject to the worker concerned not taking up any employment during the period

of suspension.

(5) In awarding punishment under sub-paragraph (4), the authority imposing the

punishment shall take into account any gravity of the misconduct, the previous

record, if any, of the worker and any other extenuating or aggravating

circumstances that may exist. A copy of the order passed by the authority

imposing the punishment shall be supplied to the worker concerned.

(6) (a) A worker aggrieved by an order imposing punishment under sub-paragraph

(4) may within twenty-one days from the date of receipt of the order, appeal to the

appellate authority specified under clause (b).

(b) The employer shall, for the purposes of Clause (a) specify the appellate

authority.

(c) The appellate authority, after giving an opportunity to the worker of being heard

shall pass order as he thinks proper on the appeal within fifteen days of its receipt

and communicate the same to the worker in writing:

Provided that where there is a complaint of sexual harassment the internal

complaint committee constituted for such purpose in each industrial

establishment for inquiring into such complaints, shall, notwithstanding anything

contained in this paragraph, be deemed to be the inquiring authority appointed by

the employer for the purpose of these standing orders and the internal complaint

committee shall hold the inquiry under this paragraph, unless separate procedure

has been specified by the employer for the complaint committee for holding such

inquiry into the complaints of sexual harassment, as far as practicable.

(7) The constitution of internal complaints committee shall be in accordance with

the provisions of the Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013.

(8) The internal complaint committee referred to in sub-paragraph (6) (7) shall

make and submit every year an annual report, to the employer and the District

Officer as defined under the [Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013] and the appropriate

Government, of the complaints and action taken.

(9) The employer shall include in the annual report of his organization the number

of cases filed, if any, and their disposal under the Sexual Harassment of Women at

Workplace (Prevention, Prohibition and Redressal) Act, 2013.

25. Grievance Redressal and Complaints.- All complaints or grievances arising

out of employment including those relating to unfair treatment or wrongful

exaction on the part of the employer or his agent, shall be submitted to the

Manager or person specified in this behalf with the right to appeal to the employer.

In addition, for resolution of disputes arising out of individual grievances, an

application in respect of such dispute may be filed before the Grievance Redressal

Committee by any aggrieved worker in the manner as provided under the

Industrial Relations Code, 2020 and the rules framed there under within one year

from the date on which the cause of action of such dispute arises.

26. Liability of Employer and Workers.- The employer of the industrial

establishment shall be responsible for the proper and faithful observance of the

Standing Orders. The workers shall also observe the Standing Orders truly and

faithfully.

27. Forwarding of information to the certifying officer under sub-section (3)

of section 30 on adoption of model standing order by an industrial

establishment.- (1) If the employer adopts the model standing order of the State

Government referred to in section 29 of the Industrial Relations Code, 2020 (35 of

2020), he shall intimate the concerned certifying officer electronically the specific

date from which the provisions of the model standing orders have been adopted.

(2) The model standing order adopted under sub-paragraph (1) in respect of an

industrial establishment shall also be applicable to all other industrial units of the

establishment irrespective of location.

(3) On receipt of information under sub-paragraph (1), the certifying officer shall

enter the details of the industrial establishment who has adopted the Model

Standing Order in the register maintained under rule 15 of the Industrial

Relations (State) Rules, 2020. In the event, the certifying officer observes that the

industrial establishment which has intimated adoption of Model Standing Order is

also engaged in activities other than for which Model Standing Order has been

adopted then, he shall within a period of thirty days from such receipt of

intimation of Model Standing Orders so adopted may give his observation, if any,

that the employer is required to include or adopt certain provisions which are

relevant to his industrial establishment and indicate those relevant provisions and

direct the employer of the industrial establishment that he shall, within a period of

thirty days from the date of the receipt of such direction comply with the direction

and send compliance report only in respect of those provisions which the certifying

officer observes to get included. The provisions of the Model Standing Orders so

adopted shall remain in force with effect from the date specified in sub-paragraph

(1).

Explanation:- For removal of doubt, it is clarified that certifying officer shall not

raise any observation in the event the industrial establishment is engaged in

activities which are wholly covered by the activities of the industrial establishment

to which the Standing Orders apply.

28. Exhibition of Standing Orders.- A copy of these Standing Orders in Hindi,

English and in the language in which majority of workers in a factory are

conversant with, shall be displayed on the notice board or electronic notice board

and Human Resource portal of the industrial establishment, if any.