Email acplcochin@gmail.com
Call Us +91484 2805362,4067041

Register

Advisory Services

Home Advisory Services

Advisory Services

Industrial Employment (Standing Order)

Standing orders are defined in accordance with Section 2(g) of the Industrial Employment Act, 1946, which means rules on matters laid down in the schedule. It deals with rules of conduct for industrial establishments employed workers. Both employer and employee are bound by standing orders. These are statutory service conditions. They are not statutory provisions themselves (which means that even when the’ standing orders’ are approved, they do not become ‘law’ in the sense that the rules and notifications issued under delegated legislation are published as required).

Approval of a Standing order

  • Approval of Standing Orders– Each employer covered by the Act must prepare’ standing orders,’ which cover the matters required by the’ standing orders.’ Five copies of those should be forwarded to the certification officer for approval. [section 3(1)]
  • The certification officer informs the Union and its employees and hears their objections. He will then certify the “standard orders” for the industrial establishment. [section 5]
  • Until standing orders are certified, the ‘Model Standing Order’ prepared by the government will apply automatically. [section 12A]

    • Conditions, Hearing & Appeal: Standing order

    • An employer must submit 5 copies of the draft standing orders proposed by him or her for adoption in an industrial establishment to the certifying officer. An employer will make provision in such draft for every matter set out and such provision would be applicable to the industrial establishment. The draft standing orders to be submitted shall be accompanied by a declaration stating the specified details of the workers employed in the industrial establishment, including the name of the trade union to which they belong.
    • A request for the certification of joint standing orders shall be made in the form prescribed and the number of copies of the joint draft standing orders, equivalent to the number of trade unions of which the workers working in such industrial establishments are members, plus five, would be accompanied, and would also be accompanied by the details indicated.
    • The employer shall provide such number of copies of the joint draft standing orders as he or she may deem necessary in the circumstances, in English or in the language commonly spoken to such workers within a period of fortnight or such a prolonged period as the certifying officer may permit.

    Authentication of standing order and modification of order

    • A standing order must be authenticated by signing and sealing the certifying officer’s office or the appeal authority and such officer or authority should forward to the employer by registered letter within a week of authentication and to the trade union or, as the case may be, to the workers ‘ representatives elected in accordance with the law.
    • certified standing order shall not be subject to change unless it is agreed between the employer and the workers or between a trade union or other representative body of the workers until the expiry of six months from the date of entry into operation of standing orders or the last modifications thereof.

    We at Arjuna will be assisting you to prepare a standard Standing Order as per your requirements and submit the same to the appellate authority.

Globosoft Contact