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
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 –
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.