Work from home here to stay, labour ministry adds it in standing order for service sector

Standing orders are an employment contract that spell out the rules of conduct for employees in industrial establishments that have over 300 workers.

Representational Image | Photo: Stefan Wermuth | Bloomberg

New Delhi: The Covid-19 pandemic has made the concept of ‘work from home’ popular, both in the government and the private sector.  

Realising that it is here to say, the government has decided to make it a part of efficient work culture in companies. The Union labour ministry has for the first time incorporated the ‘work from home’ option in establishments, as part of its draft model standing order for the service sector. 

Standing orders are basically an employment contract that spell out the rules of conduct for employees in industrial establishments that have over 300 workers. It is mandatory for companies to have a standing order that is approved by the state or central government. 

“Subject to conditions of appointment or agreement between employer and workers, employer may allow a worker to work from home for such period or periods as may be determined by employer,” the draft code states. 

This will apply to all those who are working in the industrial establishments covered under the Occupational Safety, Health and Working Conditions Code, 2020. The ministry notified the draft code in the public domain Friday for inviting comments and suggestions within 30 days.

This is also the first time that the labour ministry has brought out standing orders for the service sector under the new Industrial Relations Code. Before the new labour codes were approved by Parliament in September 2020, there was one standing order across sectors.  On Friday, the ministry also published the draft model standing order for mining and manufacturing sectors. 

Standing order provides for work flexibility to employees 

The standing order also provides for flexibility to employees within the weekly working hour limit of 48 hours, which has been fixed under the labour code. 

It provides for shift working, where 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,” the draft standing order states. 

Besides, it states that no shift working shall be discontinued without 21 days’ notice being given in writing to the workers prior to such discontinuance. 

Payment of wages

The order also specifies that all workers will have to be paid their salary on a working day before the expiry of the 7th day after the last day of the wage period. 

Any wage due to a worker but not paid on usual payday on account of their being unpaid will have to be paid by the employer on an unclaimed wage day in each week, which shall be notified on the notice boards. 

“All payments including wages to the workers shall be paid by crediting in the bank account of the worker on electronic mode or digital form,” the draft states, adding that the company will also have to intimate the payment made to a worker through SMS or e-mail or WhatsApp or by issuing a slip.  

Medical aid in case of accidents 

The code states that if a worker meets with an accident in the course of his employment, the employer shall at his 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. 

In case of termination of employment of a permanent worker, the employer will have to be given prior notice of one month or the worker shall be paid wages in lieu of such notice period, the draft states. Such an employee will also be paid his wages earned by him and other dues, if any, before the expiry of the second working day from the day on which his employment is terminated. 

The draft further states an employer can suspend a worker on charges of misconduct pending inquiry into complaints or charges. The inquiry will have to be completed within 90 days from the date of suspension. The worker shall be paid a subsistence allowance during the period of suspension, it adds.