Amendment in the Industrial Employment (Standing Orders) Punjab Rules 1978

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EXTRAORDINARY

Published by Authority

CHANDIGARH, THURSDAY, AUGUST 6, 2020 (SRAVANA 15, 1942 SAKA)

GOVERNMENT OF PUNJAB

DEPARTMENT OF LABOUR

(LABOUR BRANCH)

NOTIFICATION

The 6th August, 2020

No.21/65/2019-4L/1095.-A Notification No. 21/65/2019-4L/787 was published in the official Gazette on 12th June, 2020, calling for objections and suggestions from general public and the affected parties. The suggestions and objections which were received have been considered by the Government of Punjab. Now in exercise of the powers conferred by section 15 of the Industrial Employment (Standing Orders) Act, 1946 (Central Act No. 20 of 1946), the Governor of Punjab is pleased to make the following Rules further to amend the Industrial Employment (Standing Orders) Punjab Rules 1978:

1. These Rules may be called the Industrial Employment (Standing Orders) Punjab (Amendment) Rules, 2020.

2. In the Industrial Employment (Standing orders) Punjab Rules, 1978, (hereinafter) referred to as the said Rules), after rule 3, the following rule shall be inserted namely:-

" 3-A. Employer not to convert the posts. - No employer of an industrial establishment shall convert the posts of the permanent workmen existing in his industrial establishment as Fixed Term Employment.

3. In the said Rules, in rule 5, after item (7), the following item shall be inserted, namely:-

"(7-A) number of fixed term employment workman;"

4. In the said rules, in Schedule II,-

(i) In clause 3, after sub-clause (7), the following sub-clause (8) shall be inserted, namely:-

"(8) "fixed term employment workman" is a workman, who has been engaged for a fixed period, on the basis of a written contract of employment:

Provided that-(a) his hours of work, wages, allowances and other benefits, shall not be less than that of a ( 851 ) PUNJAB GOVT. GAZ. (EXTRA), AUGUST 6, 2020 (SRVN 15, 1942 SAKA) 852 permanent workman; and (b) he shall be eligible for all statutory benefits available to a permanent workman 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.";

(ii) In clause 19, after sub-clause (3), the following sub-clause (4) shall be inserted, namely:-

"(4) Subject to the provisions of the Industrial Disputes Act (Central Act No.14 of 1947, -

(iii) no notice of termination of employment, shall be necessary in the case of temporary workman whether monthly rated, weekly rated or piece rated and probationers or badli workmen; and

(iv) no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on the expiry of such contract period without it being renewed, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:

Provided that a temporary workman, who has completed three month's continuous service, shall be given two week's notice of the intention to terminate his employment, if such termination is not in accordance with the terms of the contract of his employment:

Provided that the services of a temporary workman, 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 matter, as specified in Para 23."

Sd/-

(VIJAY KUMAR JANJUA, IAS)

Additional Chief Secretary to Government of Punjab,

Department of Labour.

2076/8-2020/Pb. Govt. Press, S.A.S. Nagar