CONDITIONS OF SERVICE AND EMPLOYMENT
3. Conditions of employment : (1) In every establishment employment of workers and other matters incidental thereto shall be regulated in accordance with the provisions of this chapter: Provided that any establishment may have its own rules regulating employment of workers, but no such rules shall be less favorable to any worker than the provisions of this chapter. (2) The service rules in any establishment as mentioned in the proviso to sub-section (1) shall be submitted for approval by the employer of such establishment to the chief inspector who shall, within six months of the receipt thereof make such order therein as he deems fit. (3) No service rules as mentioned in sub-section (2) shall be put into effect except with the approval of the chief Inspector. (4) Any person aggrieved by the order of the chief Inspector may, within thirty days of the receipt of the order, may prefer appeal to the Government and the order of the Government on such appeal shall be final. (5) Nothing provided in sub-section (2) shall apply to an establishment which is owned by or under management or control the Government.4. Classification of workers and period probation: (1) workers employed in any establishment shall be classified in any of the following classes according to the nature and condition of work; namely (a) apprentice, (b) badli, (c) casual, (d) temporary, 23 (e) probationer, and (f) permanent. (2) A worker shall be called an apprentice if he is employed in an establishment as a learner, and is paid an allowance during the period of his training. (3) A worker shall be called a badli if he is employed in an establishment in the post of a permanent worker or of a probationer during the period who is temporarily absent. (4) A worker shall be called a casual worker if his employment in an establishment is of casual nature. (5) A worker shall be called a temporary worker if he is employed in an establishment for work which is essentially of temporary nature, and is likely to be finished within a limited period. (6) A worker shall be called a probationer if he is provisionally employed in an establishment to fill a permanent vacancy in a post and has not completed the period of his probation in the establishment. (7) A worker shall be called a permanent worker if he is employed in an establishment on a permanent basis or if he has satisfactory completed the period of his probation in the establishment. (8) The period of probation for a worker whose function is of clerical nature shall be six months and for other workers such period shall be three month: Provided that in the case of a skilled worker, the period of probation may be extended by an additional period of three months if, for any circumstances, it has not been possible to determine the quality of his work within the first three months’ period of his probation. (9) If any worker, whose service has been terminated during his probationary period, including the extended period, is again appointed by the same employer within a period of three years, he shall, unless appointed on a permanent basis, be deemed to a probationer and the period or periods of his earlier probation shall be counted for determining his total period of probation. (10) If a permanent worker is employed as a probationer in a new post, he may at any time during the probationary period, be reverted to his old permanent post.
5. Letter of Appointment and Identity Card : No employer shall employ any worker without giving such worker a letter of appointment and every such employed worker shall be provided with an identity card with photograph.
6. Service book : (1) Every employer shall, at his own cost, provide a service book for every worker employed by him.
(2) Such service book shall be kept in the custody of the employer.
(3) Before employing a worker, the employer shall require from him the previous service book if
the worker claims that he has been previously in employment under any other employer.
(4) If such worker has any service book, it shall be handed over to the new employer by him and
shall be kept in the custody of the employer, for which a receipt shall be given to him.
(5) If such worker has no service book, a service book shall be provided under sub-section (1)
(6) If the worker desires to keep and maintain a duplicate copy of his service book, he may do it at
his own cost.
(7) The employer shall hand over the service book to the worker on the termination of the workers’
service with him.
(8) If the service book handed over to the worker or the duplicate thereof maintained by him is lost
by the worker, the employer shall provide him with a duplicate service book at the cost of the
worker.
(9) Nothing in this section shall apply to an apprentice, badly or casual worker.”
7. Form of service Book : (1) The service book shall be of such size and in such form as may be
prescribed and photograph of the worker shall be affixed to it.
(2) The service book shall contain the following particulars, namely:
(a) name of the worker, name of mother and father and address of the worker,
(in appropriate case name of husband/ wife shall be written)
(b) date of birth,
(c) particulars necessary for identification,
(d) name and address of the employer under whom previously employed, if any,
(e) period of employment,
(f) occupation or designation,
(g) wages and allowance, if any,
(h) leave availed, and
(i) conduct of the worker.
8. Entries in the service book : The employer shall at the commencement of the employment and
during the continuance of the same, make such entries therein from time to this as are required by
this chapter and the Rules and both the employer and the worker shall sign the entries as they are
made.
9. Register of workers and supply of tickets and cards:
(1) The employer of every establishment
shall maintain a register of workers, to be available to the Inspector at all times during working
hours.
(2) The register of workers shall contain the following:
(a) the name and date of birth of each worker in the establishment;
(b) date of appointment;
(c) the nature of his work;
(d) the periods of work fixed for him;
(e) the intervals for rest and meals to which he is entitled;
(f) the days of rest to which he is entitled;
(g) the group, if any, in which he is included;
(h) where his group works on shifts, the relay to which he is allotted; and
(i) such other particulars as may be prescribed by rules;
(3) If the Inspector is of opinion that any muster roll or register maintained a part of the routine of
an establishment gives in respect of all or any of the workers in the establishment the particulars
required under sub-section (2), he may, by order in writing, direct that such muster roll or register
shall, to the corresponding extent, be maintained in place of, and be treated as, the register of
workers, in that establishment.
(4) The Government may make rules prescribing the form of the register of workers, the manner in
which it shall be maintained and the period for which it shall be preserved.
(5) The employer shall supply Tickets or cards to every worker in the following manner:
(a) every permanent worker shall be provided with a permanent departmental ticket showing his
number;
(b) every bodli(Change) worker shall be provided with a bodli(Change) card on which shall be entered the day on
which he has worked and which shall be surrendered if he obtains permanent employment.
(c) every temporary worker shall be provided with a temporary ticket which shall be surrendered on
his leaving the job or gating a permanent employment;
(d) every casual worker shall be provided with a casual card on which shall be entered the days on
which he has worked in the establishment; and
(e) every apprentice shall be provided with an apprentice card which shall be surrendered if he
obtains permanent employment or if he leaves his training.
10. Procedure for leave :
(1) A worker who desires to obtain leave of absence shall apply to the
employer for the same in writing stating his leave address therein.
(2) The employer or his authoresses officer shall issue orders on the application whthin seen days of
the application or two days prior to the commencement of leave applied for, whichever is earlier;
Provided that if due to urgent reasons the leave applied for is to commence on the date of
application or within three days thereof the order shall be given on the same day.
(3) If the leave asked for is granted, a leave pass shall be issued to the worker.
(4) If the leave asked for is refused or postponed the fact of such refusal or postponement, and the
reasons thereof shall be communicated to the worker before the date on which the leave was
expected to be commenced. and shall also be recorded in a register to be maintained by the
employer for the purpose.
(5) If the worker, after convincing of leave, desires an extension thereof, he shall, if such leave is
due to him, apply sufficiently in advance before the expiry of the leave to the employer who shall,
as far as practicable send a written reply either granting or refusing extension of leave to the worker
to his leave-address.
11. Payment of wages for unveiled leave: If the services of a worker, to whom any annual leave is
due, is dispensed with whether as a result of retrenchment, discharge, removal, dismissal,
termination, retirement or by reason of his resignation before he has availed of any such leave, the employer shall pay his wages in lieu of the unveiled leave at the rate he is entitled to the payment of
wages during the period of leave in accordance with the provisions of this Act.
12. Stoppage of work : (1) The employer may, at any time, in the event of fire, catastrophe,
breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or any other
cause beyond his control, stop any section or sections of the establishment, wholly or partly for such
period as the cause for such stoppage continues to exist.
(2) In the event of such stoppage occurring at any time beyond working hours, the employer shall
notify the workers affected, by notice posted on the notice board inthe section or department
concerned or at a conspicuous place in such establishment before the work is due to begin next.
(3) In the notice mentioned in sub-section (2) direction shall be given indication as to when the
work will be resumed and whether such workers are to remain at their place of work at any time
before the actual resumption.
(4) In the event of such stoppage occurring at any time during working hours, the workers affected
shall be notified, as soon as practicable, in the manner specified in sub-section (2) indicating as to
when the work will be resumed and whether such workers are to leave or remain at their place of
work.
(5) In the case where workers have been directedto stay at their place of work following such
stoppage, the workers so detained may not be paidfor the period of such detention if it does not
exceed one hour, and the workers so detained shall be paid wages for the whole period of such
detention if it exceeds one hour.
(6) If the period of stoppage of work does not exceed one working day, a worker, unless entitled to
wages under sub-section (5), may not be paid any wages.
(7) If the period of stoppage of work continues for more than a working day, a worker affected,
other than a casual or badli worker, shall be paid wages for day or day by which itwill exceed one
working day.
(8) If the period of stoppage of work extends beyond three working days, the workers may be laidoff in accordance with the provisions of section 16.
(9) A lay-off mentioned in sub-section (8) shall beeffective from the day of stoppage of work and
any wage paid to a worker for the first three daysmay be adjusted against the compensation payable
for such subsequent layoff.
(10) For the piece-rate workers affected, their average daily earning in the previous month shall be
taken to be the daily wage for the purpose of the sub-section.
13. Closure of establishment : (1) The employer may, in the event of an illegal strike by any
section or department of any establishment, close down either wholly or partly such section or
department and the workers participated in the illegal strike hall not be paid any wages for such
closure.
(2) Where by reason of closing down of any section or department of any establishment under subsection (1) any other section or department is so affected that it is not possible to keep that section
or department open, that section or department may also be closed down and the workers affected
thereby shall be paid wages as in the case of lay-off for a period of three days and thereafter they
may not be paid any wages for such closure.
(3) The fact of such closure shall be notified bythe employer, as soon as practicable, by notice
posted on the notice board in the section or department concerned or at a conspicuous place in the
establishment and the fact of resumption of work, following such closure, shall likewise be notified.
14. Calculation of ‘One year’, ‘six months’ and ‘wages’ in certain cases : (1) For the purpose of
this chapter, a worker who, during the preceding twelve calendar months, has actually worked in an
establishment for not less than two hundred and forty days and one under and twenty days as the
case may be shall be deemed to have completed ‘one year’ or ‘six months’ respectively of
continuous service in the establishment.
(2) For the purpose of calculation of the number of days on which a worker actually worked in an
establishment as mentioned in sub-section (1) the days on which-
(a) the day during which he has been laid-off; (b) he has been on leave with or without wages due to sickness or accident;
(c) he has been on legal strike or out of work due to illegal lock-out;
(d) in the case of female worker, she has been on maternity leave not exceeding sixteen
weeks; shall be conted.
(3) For the purplse of calculation of compensation under section 19,20,or 23 or wages under section
22, 23, 26, or 27 ‘wages’ shall mean the average of the basic wages and dearness allowance and adhoc or interim pay, if any, paid to the worker during the period of twelve months immediately
preceding the date of his retrenchment, dismissal, removal, discharge, retirement or termination of
employment, as the case may be.
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