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A draft model standing orders - industrial employment (standing orders) act, 1946
Dear friends as you are aware every industry is having service rules. the service rules nothing but the standing rules and the same has to incorporated along with the standing orders. the standing orders act. schedule i the model standing orders will be available. the standing orders act will be available in leading book shops. for taking any disciplinary actions the concern should follow the company s certified standing orders by the local competent authority. the general agenda of the industrial employment standing orders act is as under: act 1946 the industrial employment standing orders act applies to every industrial establishment wherein one hundred or more workmen are employed or were employed on any day of the preceding twelve months. it can be extended even to establishments whose employment of labour is less than one hundred and it does not apply to an industry to which cl.vii of the mumbai industrial relations act1946 applies or to any industry to which the provisions of the madhya pradesh industrial workmen standing orders act 1959 applies. in other words normally the standing orders have to be drafted by the employer and their certification obtained under the act wherever the establishment employs more than one hundred workmen. in section 1 3 the certifying authority is dy. commissioner of labour in the respective jurisdiction. the employer should be required to define with sufficient precision the conditions of employment under them and to make such condition known to workmen employed by them. in case the employer fails to get his standing orders certified the respective state model standing orders will become applicable. it is advisable that instead of applying for the model standing orders the employer should get the standing order certified. the standing orders which are certified under industrial employment standing orders act become part of the statutory terms and conditions of service between the employer and employees. any term or condition of service which is contrary to the standing orders certified under the industrial employment standing orders act 1964 if incorporated in the letter of appointment be implemented or acted upon. if the standing orders make it obligatory to hold an enquiry into an act of misconduct before dispensing with the services of the delinquent employee then such a provision cannot be circumvented by having a resort to the terms in the appointment letter providing removal without enquiry. a is with it may help for go please note where the certified standing orders are not there the model standing orders of the respective state will be followed. until certification. regards : pbs
Standing orders
Dear sir/madam warm greetings to you. our company wants to frame certified standing orders. i would like to know the basic requirements or in other words the acts and laws that we need to compliant with before framing the standing orders. i was able to loacate the draft standing orders and the proceedure. please help me with this regard. i have a few more questions : 1. is it mandatory to have a union in the factory to frame standing orders? 2. what is the minimum number of employees to be present? 3. what are the acts and laws that we need to be compliant with before framing standing orders please help me in this regard thanks suchitra
Standing orders, model standing orders & code of conduct(confusion)
Dear all m working with a reputed 400 bedded hospital with 417 no. of employees. i am confused with standing orders/model standing orders/code of conduct. although i have learnt alot from the respected members of this esteemed site but need some information do we need to get certified from any competent agency for standing or model standing orders or can we have our own code of conduct?? if we draft our own code of conduct and apply to all employeeswill it be legally correct? which agency provide certification for standing or model standing orders? please reply at the earliest so that i can sleep well
Draft of certified standing orders
Dear all i am working in a manufactring company where 3oo workers are working. now as per legal requirement the entity should have certified standing orders. previously it was governed by model standing orders industrial employement act. can anybody give me draft of certified standing orders and procedures to get certified standing orders so that i can get clear picture. waiting for reply. avinash k.
Can we transfer the worker to b ltd. being a 'sister' concern of a ltd?
We are a pvt. ltd. co. say a ltd we have some workers whom we want to transfer. the standing orders as well as the appointment letter state that the worker can be transferred to any sister/associate company in india. the co. where we want to transfer workers says b. ltd is a subsidiary of the parent company of a ltd. however a ltd. does not have any share in b ltd. b ltd. was acquired by the parent company of a ltd. last month i.e. after terms of appointment and standing orders were announced. my questions are: 1. can we transfer the worker to b ltd. being a 'sister' concern of a ltd 2. does b ltd. have any legal association with a ltd. so as to fit in the clause "can be transferred to any sister/associate company" 3. does the fact that b ltd came into existence only recently have any effect since standing orders/appointments are prior in time? thanks
Model standing orders applicability for organisation employed more than 500 workers
Dear sir / madam request to all of my seniors & peers to advise our organization have been employed more than 500 worker. yet we have no standing ordres. now i would like to get standing orders please let me know for this strength of workers can we work on model standing orders. or we have to draft the standing orders and get certified from alc. with regards