Standing Orders


Overview

Standing Orders defines the condition of employment under an employer. 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 requires employers in industrial establishments to formally define conditions of employment under them and submit draft standing orders to certify Authority for its certification.

The object of the Act is to require employers in industrial establishments to define conditions of employment under them formally. 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 conforms with the model standing orders

Benefits

  • To require employers in industrial establishments formally to draft and define conditions of employment under them. Standing orders mean a set of requirements establishing the: Conditions of recruitment, Disciplinary action, Discharge, Holidays, leave etc.
  • 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.
  • Standing orders also regulate industrial relations(IR).

Inclusion under Standing Orders

  • Classification of workers, e.g., whether permanent, temporary, apprentices or probationers
  • Manner of intimating to workmen periods and hours of work, holidays, pay-days, and wage rates.
  • Shift working.
  • Attendance and late coming.
  • Conditions of procedure in applying for, and the Authority which may grant, leave and holidays.
  • The requirement to enter premises by individual gates and liability to search.
  • Closing and re-opening of sections of the industrial establishment, and temporary stoppages of work and the rights and obligations of the employer and workers arising from that place.
  • Termination of employment and the notice thereof to be given by employers and workers.
  • Suspension or dismissal for misconduct, and acts or omissions, which constitute misconduct.
  • Means of redress for workers against unfair treatment or wrongful exactions by the employer or his agents or servants.
  • Any other matter, which may be prescribed in consultation with the best lawyer. 

Procedure

procedure for standing orders

Frequently Asked Questions

Do certified standing orders have statutory force?

Yes. Certified standing orders have statutory force.

Who is a 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.

Who is the Appellate Authority?

Additional Commissioner of Labour is appointed as the Appellate Authority.

What are the conditions for certification of standing orders?

Standing Orders shall be certifiable if –

  • Provision is made therein for every matter set out in the Schedule which applies to the industrial establishment, and
  • the standing orders are otherwise in conformity with the provisions of this Act.

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.

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