Standing Orders For Tea Estate In Assam Valley in The

Membership Of The Tea Association Of India,

ASSAM BRANCH

 

1. DATE OF ENFORCEMENT.

 

These Orders  come into force on the Ninth day of July 1966.

 

2. PASTING OF STANDING ORDERS ON NOTICE BOARDS.

 

(a) A coy of these Standing Orders in English and in the principle regional languages of the local area in which the notice board at the Estate Office, Factory and in such other places within the Estate premises as the employer may decide and shall be kept in a legible condition.

(b) In case of any dispute, the English version of these Orders shall be taken to be authorities.

 

3. DEFINITIONS.

 

(a) Manager means the owner of an Industrial establishment to which this Act for the time being applies and includes:-

(i) In a factory any person named under (clause (f) of subsection (i)  of section 7 of the Factories Act, (1948)  as manager of the factory

(ii) In plantation any person responsible to the owner for supervision and control of the industrial establishment.

 

4.classification of workers.

 

(a) A Permanent worker is one who residues upon  the tea estate roll of workers and includes any person who has completed a probationary period of sex month  on the same or any other occupation in the industrial establishment,  including breaks due to sickness, accident, leave, involuntary closure of the establishment.

(b) An "Probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed 6 moth  service therein.

(c) An "Outside Worker" is one who resides outsider estate but whose name is entered on the estate roll of workers; Provided that one who is a regular and  whole-time worker shall not be deemed to be an outside worker for the purpose of Standing Order No, 13 (b).

(d) A 'Temporary worker' is a worker has been engaged for a work which is of an essentially temporary nature likely to be finished within a limited period.

(e) 'Learner' is a worker who is employed o probation by the Manager and who may be paid a nominal wage during his specified period of training.

 

5.ATTENDENCE AND LATE COMING.

 

(a) All workers who have not been granted leave by an authorised person or certified as sick by an authorised member of the medical stuff, shall be at work at the time indicated in the manner prescribed in the clause 6.

(b) If any worker arrives more than half an-our after the stipulated tie without sufficient reason he may be liable to be refused work paid on a daily or hourly basis a deduction may be time absent according to the provisions of the Payment of Wage act.

 

6. MANNER OF INTIMATING TO THE WORKMEN PERIODS AND HOURS OF WORK, HOLIDAYS, PAY DAYS AND WAGE RATES:-

 

(a) Periods and hours of work:-

For those who are employed at regular and fixed hours, the periods and

hours of work shall be pasted on the notice board at the office and factory.

For other workers the periods and hours of work shall be intimate by authorised person either verbally or by signal (siren, going, bell etc.) according to the use of the estate.

(b) the days shall be prominently displayed at the office and Factory.

(e) wage Rates;- A notice setting out the wages of classes of workers who are engaged on daily, weekly fortnightly or monthly wages shall be displayed prominently at the managers office and a notice board maintained at or near the entrance to the establishment.

 

7. PAYMENT OF WAGES

 

(1) any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed shall be paid be the employer on an unclaimed wage pay day in each week, such shall be notified on the notice boards as aforesaid.

(2) All workmen will be paid wages on a working say before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wage are payable according

as the total number of workmen employed in the establishment does not or does exceed one thousand.

 

8.REQUIREMENT TO ENTER PREMISES BY CERTAIN GATES AND LIABILITY TO SEARCH

 

(a) The Manager may be writing or printed notification posted at the office and/or Factory, debar any worker, workers or class of workers form entering any prescribed part or parts of the Factory, Office, Hospital or Bungalow premises.

(c) Factory gates may be kept closed during working hours at the discretion of the Management and any worker must not leave the premises during working hours without permission.

(d) all workers shall be liable on entrance or leave the Factory to be detail need for such by any authorised person who may, acting without malice, suspect that the worker so detained is in wrongful possession of property belonging to the Company or Prejudicial to the security of the premises. Provided that no worker shall be served except by a person of his or her own sex and in the presence of another person of his or her own sex.

 

9. CLOSING AND RE-CLOSING OF SECTIONS OF THE INDUSTRIAL ESTABLISHMENT, AND TEMPORARY STOPPAGES OF WORK, AND THE RIGHTS AND WORKMEN ARISING THERE FROM.

 

(a) (i) The Manager may at any time in the event of fire, stoppage of power or supply, epedemic, civil commotion, strike, extreme climatic conditions or other cause beyond his control, close down either the factory or field work or both.

(ii) In the event of such stoppages during working hours, the workmen affected shall be noticed by notices out upon the notice board in the office and/ or factory, as soon as practicable, when work will be resumed and whether they are to will be resumed and whether they are to remain or leave their place of work. The workmen 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 workmen so detained shall be paid for the periods of detention . If the periods of detention exceeds on hour, the workmen so detained shall be entitled to receive wages for the whole time during which they are detained as a result of the stoppage. In the case of piece rate workers, the average daily earning for the previous month shall be taken to be the daily wage. Whenever practicable reasonable notice shall be given of resumption of normal work.

(iii) In cases where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment with or without pay, as the case may be, When however, workmen have to be laid off  for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.

(b) When either factory or field work has been closed down for any of the above reasons, the Manager shall order resumption of work as soon as possible after the cause of the stoppage has ceased to exist or as soon as is otherwise practicable, provided that it appears to the Manager that a sufficient number of workers are present and willing to resume.

 

10. CONDITIONS OF PROCEDURE IN APPLYING FOR, AMD THE AUTHORITY WHICH MAY GRANT LEAVE AND HOLIDAYS.

 

 (a) Any worker who wishes to obtain leave shall apply to the Manager or this authorised representative who shall issue order on the application or within a for leave or two days prior to the commencement of the leave applied for whichever is earlier, provided that if the leave is to commence on the date of application or within three days thereof, the order shall

be passed on the same day. If the leave applied for is refused or postponed the fact of such refusal or postponement and the reasons therefore shall be  maintained for the purpose and if the worker so desires a copy of the entry in the register shall be supplied to his. The entry shall specify the category of leave i.e., privilege, casual, sick or extra ordinary.

(b) If any worker remains absent in excess of leave period granted, he shall be treated as absent without leave unless he the management a satisfactory reason for his absence.

(c) the Manager or his authorised representative shall be the authority which may grant the leave.

(d) The number of holidays to be granted and the days which shall be observed as holidays by the estate shall be regulated in accordance with the Factories Act and Rules, agreement and the custom or usage of the estate.

 

11. SICKNESS, SICK LEAVE, PAYMENT OF SICK AND ATTENDANCE ALLOWANCE AND MATERNITY LEAVING AND BENEFITS.

 

(a) Any worker who is sick or injures shall report personally or by message to the Medical or Dispensary.

(b) Any worker who is sick or convalescent shall be granted sick leave against certification by the Medical Officer or his representative.

(c) Any worker who is certified as sick pay as the estate may have laid down.

(d) Should the Medical  Officer or his representative certify that an attendant or attendants ate required for care of a sick worker, attendant of attendants hall be paid at such rates as the estate may have laid down.

(e) Maternity leave and benefit shall be granted on a scale not lower than those provided for under the Assam Maternity Benefit Act, 1945 as amended form time to time.

12.  HOUSING. ACCOMMODATION AND LAND FOR CULTIVATION.

 

(a) Permanent workers and their immediate dependants shall be entitled to occupy rent-free quarters provided by the estate during the period of and as an incident to their employment by the Manager.

 

13. TERMINATION OF EMPLOYMENT AND NOTICE THEREFORE TO BE GIVEN BY THE EMPLOYER AND WORKMEN.

 

Notice of termination of employment whether by Manager or by Worker, shall Notice of termination of employment whether by Manager or by Worker, shall be given equal to the wage period of the worker concerned. Provided that-

(a) the Manager may terminate the employment of a worker forthwith and pay his wages for the wage period (equivalent to his average earnings over the preceding period of three months) in lieu of notice.

(b) Notice of termination of employment shall be necessary only in case of permanent workers and not in the case of outside or temporary workers except  in so far as is laid down in any agreement entered into between the Manager and such outside or temporary workers.

(c) The Manager may dismiss without notice any worker who guilty of gross misconduct but such worker must be informed in writing of the alleged misconduct and be given as opportunity to explain the circumstances alleged against him.

(d) Where the employment of any worker is terminated the wages earned by him and other dues, if any shall be paid before the which his employment is terminated.

(e) The manager may , when a worker is charged with misconduct, direct that such worker be suspended pending investigation by the Manager into the charge.

of misconduct and during the period of suspension the worker shall be entitled to receive an allowance of not provided that if the charge of misconduct is not Provided the worker shall be entitled to receive the full wage for the period of suspension.

 

14. GROSS MISCONDUCT.

 

The following acts and omission shall constitute gross Misconduct.

(1) wilful insubordination or disobedience, whether alone or in combination with another, or others of any lawful and reasonable order of a superior.

(2) Theft. fraud or dishonesty in connection with the Company's business or property.

(3) Taking. giving, offering or soliciting bribes or any illegal gratification whatsoever.

(4) Habitual absenteeism without leave.

(5) Habitual late attendance.

(6) Collection of monies within the estate for objects (other than for bonafide trade union purposes)

(7) Riotous conduct.

(8) Inciting others to disturbance or violence.

(9) Smoking in the factory,

(10) Habitual breach of Rules or instructions for the maintenance and running of any department of the maintenance of cleanliness of any portion of the estate premises or factory compound.

(11) Wilful destruction of or damage to garden property.

(12) Repeated disregard to safety rules in factory.

 

15. MISCONDUCT.

 

 The following acts and omissions shall constitute misconduct for which offences a worker may be find to the extent permitted by the Payment of Wages Act.

(1) Gross misconduct as defined in Standing Order Clause No-14.

(2) Committing an indecency or an act prejudicial to public health on or near any roads, work sites for building within a plantation.

(3) Neglect or default causing the quality or quantity of material produced by the workers to be under the average quality or quantity product by other workers.

(4) Late attendance or absenteeism without leave.

(5) Quarreling, fighting or causing disturbance prejudicial to good order.

(6) Drunkenness while at work.

(7) Repeated commission of offences included under clause No.-15 shall constitute gross misconduct.

(1)Sleeeping while on duty.

 

16.PENALTIES IN RESPECT OF ACTS OF GROSS MISCONDUCT.

 

 Any of the following penalties may be imposed in any workmen who is found guilty of any acts of gross misconduct under standing order Clause No.-14

(a) Dismissal.

(b) Fine as per Payment of wage Act.

(c) Suspension form work without wages or other emoluments for a period not exceeding 15 days.

(d) Demotion and reduction in rank.

(e) Stoppage of increment.

 

17. LIABILITY OF MANAGER

 

 The Manager of the estate shall personally be held responsible for the proper and faithful observance of the Standing orders.

 

18. MEANS OF REDRESS FOR WORKERS AGAINST UNFAIR TREATMENT OR WRONGFUL EXACTIONS BY THE EMPLOYER OR HIS AGAINST OR HIS SERVANTS.

 

 The Manager will be liable personally to receive complains form any worker who feels himself agrieved owing to alleged unfair treatment, wrongful exactions, withholding dues etc. In the event of a worker not being satisfied with the adjudication of the Manager, the worker shall be at liberty to represent the grievances to the Labour Commissioner, Assam.

 

 

{Certified by me this 9th day of July 1966}                                                                                   Sd/-H.P. Duara.

                                                                                                                       Certifying Officer And Labour Comissioner

                                                                                                                                           Assam, Shillong

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