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:
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) 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 Act,1946 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 DRAFT MODEL STANDING ORDERS IS ATTACHED WITH THIS. IT MAY HELP FOR EVERYONE. PLEASE GO THROUGH.
Please note where the Certified Standing Orders are not there, the Model Standing Orders of the respective state will be followed. Until certification.
Dear Friends great job. Thank you very much for Standing Order. Do we require to add "Sexual Harassment at Workplace" Clause or not. If any one has latest Standing Order which includes the above then please forward the same to me on email address . Thanks once again.
From India, Bhopal
Thank you so much sir for this useful posting....one clarification, is it applicable to Hotel which is covered under shops and establishment act....if yes when it is applicable (period from the day of registration of the hotel under Shops & Establishment Act)???
From India, Mumbai
dear pbs kumar, it is really helpful & learning experience for hr people who wants to grow in the organistaion as part of IR & valuable inputs from expert people like u related to IR matters.
From India, Vijayawada
1)Is the Casual Leave Mandatory under TN Model Standing Order?
2) To my understanding as per Factories Act only 1 EL @ 20 days are applicable & not the Casual Leave.
3) Under what circumstances INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 will be made applicable to Industry employing less than 100? What procedures are generally followed & which Govt authority enforce this application?
From India, Madras
You are right in saying that only earned leaves are granted under the Factories Act, 1948 & not any other kind of leaves. Chapter VIII deals in annual leave with wages.
According to section 1(3) of The Industrial Employment ( SO) Act, 1946 the appropriate Govt. can apply this Act to the industrial establishment, the provisions of this Act employing such number of persons less than 100 as specified in the notification. According to this Act no special circumstances are to be shown by the Govt. for issue of such notification.
From India, Delhi
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