Responsive image

STANDING ORDERS

Overview

Standing Orders refer to a set of rules which every employee of the organization is expected to follow. The Standing orders drafted by the company defines the relationship between the employer and the employees. It is governed by the Industrial Employment (Standing Order) Act. An industrial establishment employing 100 or more employees (subject to state rules as there are some states which insist certification of standing order for an establishment employing 50 and even lesser number of employees) has to get a standing order prepared in consultation with employees/ trade unions and get it certified by an officer of the Labour Department not below the rank of Dy. Labour Commissioner. This Act is to require employers in industrial establishments to formally define conditions of employment under them and submit draft standing orders to certifying Authority for its Certification.


The object of the Act is to require employers in industrial establishments to formally define conditions of employment under them. The employer shall at his discretion in consultation with the best employment law lawyer to draft the standing orders and get it certified by the authority provided it is in conformity with the model standing orders

Benefits

(i)To require employers in industrial establishments formally to draft and define conditions of employment under them. Standing orders mean set of conditions defining the: Conditions of recruitment, Disciplinary action, Discharge, Holidays and leave etc.

(ii)The purpose of standing orders act 1946 is to minimize friction between the management and workers in the industrial establishments. The act contains 15 sections and a schedule.

(iii)Standing orders regulate industrial relations.

(iv)Drafting standing orders with the help of the best lawyer is important as unsolved grievances can become industrial disputes.

Inclusion under Standing Orders

(i)Classification of workmen, e.g. whether permanent, temporary, apprentices or probationers

(ii)Manner of intimating to workmen periods and hours of work, holidays, pay-days, and wage rates.

(iii)Shift working.

(iv)Attendance and late coming.

(v)Conditions of procedure in applying for, and the authority which may grant, leave and holidays.

(vi)Requirement to enter premises by certain gates, and liability to search.

(vii)Closing and re-opening of sections of the industrial establishment, and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.

(viii)Termination of employment, and the notice thereof to be given by employer and workmen.

(xi)Suspension or dismissal for misconduct, and acts or omissions, which constitute misconduct.

(x)Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.

(xi)Any other matter, which may be prescribed in consultation with the best lawyer

Procedure

Why Choose Us

FAQ

1. Do certified standing orders have statutory force?

Yes. Certified standing orders have statutory force.


2. Who is certifying officer?

Labour Commissioner and the officers appointed by the Government by notification in the Official Gazette. Joint Commissioners of Labour are appointed as Certifying Officers.


3. Who is the Appellate Authority?

Additional Commissioner of Labour is appointed as the Appellate Authority.


4. What are the conditions for certification of standing orders?

Standing Orders shall be certifiable if –

(i) Provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and

(ii) The standing orders are otherwise in conformity with the provisions of this Act.


5. Can the Certified Standing Orders be modified?

Yes. Section 10 of the Act provides for modification of standing orders on application by an employer or workman or a trade union of the workmen.

Get me more details

© Sabkuch Legal Pvt. Ltd. All Rights Reserved.