10. Repeal.--The Industrial and Commercial Employment (Standing Orders) Ordinance, 1960 (III of 1960), in its application to the Province of West Pakistan, is hereby repealed.
SCHEDULE
STANDING ORDERS
[Section 2(g)]
1. Classification of workmen.--(a) Workmen shall be classified as-
(1) permanent,
(2) probationers,
(3) badlis,
(4) temporary,
(5) apprentices.
[(6) contract worker]
(b) A "permanent workman" is a workman who has been engaged on work of permanent nature likely to last more than nine months and has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial or commercial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal lock-out or strike) or involuntary closure of the establishment [and includes a badli who has been employed for a continuous period of three months or for one hundred and eighty-three days during any period of twelve consecutive months.]
(c) A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months service therein. If a permanent employee is employed as a probationer in a higher post he may, at any time during the probationary period of three months, be reverted to his old permanent post.
(d) A "badli" is a workman who is appointed in the post of a permanent workman or probationer, who is temporarily absent.
(e) A "temporary workman" is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a period not exceeding nine months.
[(f) An "apprentice" is a person who is an apprentice within the meaning of the Apprenticeship Ordinance, 1962 (LVI of 1962)].
[(g) a contract worker means a workman who works on contract basis for a specific period of remuneration to be calculated on piece rate basis.]
2. Tickets.--(1) Every workman employed in an industrial establishment shall be given a permanent ticket unless he is a probationer, a badli, a temporary workman or an apprentice.
(2) Every permanent workman shall be provided with a departmental ticket, showing his number, and shall on being required to do so, show it to any person authorised by the employer to inspect it.
(3) Every badli shall be provided with a badli card, on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.
(4) Every temporary workman shall be provided with a temporary ticket which he shall surrender on his discharge.
(5) Every apprentice shall be provided with an apprentice card, which shall be surrendered if he obtains permanent employment.
[2-A. Terms and conditions of service to be given in writing.--Every workman at the time of his appointment, transfer or promotion shall be provided with an order in writing, showing the terms and conditions of his service.]
3. Publication of working time.--The periods and hours of work for all classes of workmen in each shift shall be exhibited in Urdu and in the principal language of workmen employed in the industrial or commercial establishment on notice boards maintained at or near the main entrance of the establishment and at the time-keeper's office, if any.
4. Publication of holidays and pay days.--Notices specifying (a) the days observed by the industrial or commercial establishment as holidays and (b) pay days shall be posted on the said notice boards.
5. Publication of wage rates.--Notices specifying the rates of wages payable to all classes of workmen and for all classes of work shall be displayed on the said notice boards.
6. Shift working.--More than one shift may be worked in a department or any section of a department of the industrial or commercial establishment at the discretion of the employer.
If more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without one month's notice being given prior to such discontinuance, provided that no such notice shall be necessary, if, as a result of the discontinuance of the shift, no permanent employee will be discharged. If as a result of discontinuance of shift working, any permanent workmen are to be discharged they shall be discharged having regard to the length of their service in the establishment, those with the shortest term of service being discharged first. If shift working is restarted, a week's notice thereof shall be given by posting notice at the main entrance of the establishment and the time-keeper's office, if any, and the workmen, discharged as a result of the discontinuance of the shift, shall, if they present themselves at the time of the restarting of the shift, have preference in being re-employed, having regard to the length of their previous service under the establishment, those with the longest term of service being re-employed first.
7. Attendances and late coming.--All workmen shall be at work at the establishment at the time fixed and notified under Standing Order 3. Workmen attending late shall be liable to the deduction provided for in the Payment of Wages Act, 1936 (IV of 1936).
8. Leave.--[(1) Holidays and leave with pay shall be allowed as hereinafter specified:-
(a) annual holidays, festival holidays, casual leave and sick leave as provided for in Chapter IV-A of the Factories Act, 1934 (XXV of 1934); and
(b) other holidays in accordance with the law, contract, custom and usage.]
(2) A workman who desires to obtain leave of absence shall apply to the employee, who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, a leave pass shall be issued to the workman. If the leave is refused or postponed, the fact of such postponement or refusal and the reasons therefor shall be
recorded in writing in a register to be maintained for the purpose, and if the workman so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the employer who shall send a written reply either granting or refusing extension of leave to the workman if his address is available, and if such reply is likely to reach him before the expiry of the leave originally granted to him.
(3) [* * * * * * * * * * * *]
(4) [* * * * * * * * * * * *]
9. [Casual Leave]. Deleted by the Punjab Industrial Development Board Act, 1973 (XXIII of 1973).
10. Payment of wages.--(1) Any wages due to the workman but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wages pay day in each week, which shall be notified on the notice boards as aforesaid.
(2) All workmen shall be paid wages on a working day before the expiry of the 7th or 10th day after the last day of the wage period, in respect of which the wages are payable if the total number of workmen employed in the establishment is 1,000 or less or exceeds 1,000 respectively.
[10-A. Group incentive scheme.--(1) In every industrial establishment which is a factory and in which fifty or more workmen are employed there shall be introduced from such date as may be specified by the Provincial Government, by notification in the official Gazette, a group incentive scheme to provide incentive for greater production to groups of workmen employed in the factory. The scheme shall provide the manner in which the performance of different groups of workmen, whether in the same section, shop, department or shift or in different sections, shops, departments or shifts, shall be evaluated.
(2) The incentive shall be in the form of additional wages or additional leave with wages or in both such forms to the members of the group of workmen whose production exceeds that of the other groups or the average of all the groups. The incentive shall be according to such scales as may be prescribed and shall be related to the event of the excess production achieved by the group with the best performance.]
[10-B. Compulsory Group Insurance.--(1) The employer shall have all the permanent workmen employed by him insured against [natural death and disability and] death and injury arising out of contingencies not covered by the Workmen's Compensation Act, 1923 (VIII of 1923), or the [Provincial Employees Social Security Ordinance, 1965] (W.P. Ordinance No. X of 1965).
(2) The employer shall in all cases be responsible for the payment of the amount of premia and for all administrative arrangements whether carried out by himself or through an insurance company.
(3) The amount for which each workman shall be insured shall not be less than the amount of compensation specified in Schedule IV to the Workmen's Compensation Act, 1923 (VIII of 1923).]
[(4) Where the employer fails to have a permanent workman employed by him insured in the manner laid down in clauses (1), (2) and (3) and such workman suffers death or injury arising out of contingencies mentioned in clause (1), the employer shall pay, in the case of death, to the heirs of such workman, or in the case of injury, to the workman, such sum of money as would have been payable by the insurance company had such workman been insured.
(5) All claims of a workman or his heirs for recovery of money under clause (4) shall be settled in the same manner as is provided for the determination and recovery of compensation under the Workmen's Compensation Act, 1923 (VIII of 1923).]
[10-C. Payment of bonus.--(1) Every employer making profit in any year shall pay [for that year within three months of the closing of] that year to the workmen who have been in his employment in that year for a continuous period of not less than ninety days a bonus in addition to the wages payable to such workman.
(2) The amount of the bonus payable shall--
(a) if the amount of the profit is not less than the aggregate of one month's wages of the workmen employed, be not less than the amount of such aggregate, subject to the maximum of thirty percent of such profit;
[Illustration 1.--If the profit is Rs. 1,20,000.00 and the aggregate of one month's wages of the workmen is Rs.30,000.00, the amount of bonus, payable shall be not less than the aggregate of one month's wages, that is to say, Rs.30,000.00.
Illustration 2.--If the profit is Rs.30,000.00 and the aggregate of one month's wages of the workmen is also Rs.30,000.00, the amount of bonus payable shall be not less than thirty percent of the profit, that is to say, Rs.9,000.00.]
(b) if the amount of the profit is less than the aggregate referred to in paragraph (a), be not less than fifteen percent of such profit.
(3) The bonus payable to a workman entitled thereto under clause (1) shall bear to his monthly wages the same proportion as the total bonus payable by the employer bears to the aggregate of the wages referred to in paragraph (a) of clause (2) and shall be paid either in cash or in N.I.T. Units of equivalent value at the option of such workman.
(4) Nothing in this section shall be deemed to affect the right of any workman to receive any bonus other than that payable under clause (1) to which he may be entitled in accordance with the terms of his employment or any usage or any settlement or an award of a Labour Court established under the Industrial Relations Ordinance, 1969 (XXIII of 1969).
Explanation.--For the purpose of this section--
(a) "N.I.T. Units" mean the Units referred to in the National Investment (Unit) Trust Ordinance, 1965 (VII of 1965);
(b) "Profit" means the "net profits" as defined in section 87-C of the Companies Act, 1913 (VII of 1913); and
(c) "Wages" does not, for the purpose of calculating the bonus payable to a person under clause (1), include the bonus referred to in clause (vi) of section 2 of the Payment of Wages Act, 1936 (IV of 1936)].