To Formalise WHF Facility for Services Sector, Govt. Plans to Modify the Rules

The government has prepared a proposal to formalise work from home (WFH) facility for the services sector; but for now, the manufacturing sector did not come under this ambit.

“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 the employer,” said the labour ministry in the draft model standing orders for the services sector. However, regulatory parameters for WFH have not been prescribed.

Apart from that, a separate draft model standing orders has also been issued for the manufacturing and the mining sectors, looking for comments from stakeholders.

A model standing orders set the standards for service conditions and employees’ conduct in an establishment. For the services sector, there are no such standards so far; this is the first time such a thing is being proposed. These standing orders will be applicable in organisations with 300 or above number of workers.

until last year, for the manufacturing sector, the standing order governing work conditions were applicable in organisations with a number of 100 or more workers. The threshold has been increased to 300 workers in the labour code on industrial relations approved in Parliament late last year.

K R Shyam Sundar, the labour expert expressed that “Without proper regulations for WFH, employees will be left at the mercy of the employers. Employees’ bargaining power will be reduced. WFH should also figure in the model standing orders for the manufacturing sector. The concept of WFH should be left for the individual establishment to decide, whether it is in the manufacturing or in the services sector.”

also, a member of CII national committee on industrial relations, Rajiv Kapoor said: “Manufacturing should also be given the WFH facility, but I would suggest that it should be left to the discretion of an individual organisation, be it in the manufacturing or in the services sector. With the advent of digitisation and technology, lot of jobs in the manufacturing sector can now also be done from specially design and other office works.”

The standing orders for both manufacturing and services sectors prescribe that a worker may be suspended by the employer pending investigation or enquiry into complaints or charges of misconduct against him. Misconduct includes sleeping on duty and acceptance of gifts from sub-ordinates among others. However, such investigation or enquiry, shall be ordinarily completed within ninety days from the date of suspension. The worker shall be paid subsistence allowance during the period of suspension, provided the worker does not take any employment elsewhere during the period of suspension.

Salary payment shall be done through electronic mode and within the seventh day of the salary period in respect of which salaries are payable. A worker can be transferred from one state to another according to the transfer policy and exigencies of work from one shop or department to another, or from one station to another, or from one industrial establishment to another under the same employer. The concerned employee should be given reasonable time to join and be paid travelling allowance including the transport charges.

All types of workers i.e. permanent, temporary, apprentices, probationers, badlis and fixed term employment, will have to attach an identity badge or card that includes their full name, employee number, blood group, mobile number, if any, and a recent photograph.