Private Consultant On Labour Laws
Consultant & G.m.
Manager-accounst & Admn
There are certain restrictions imposed under sec. "10. Duration and modification of Standing Orders Industrial Employment (Standing Orders) Act, 1946", the extract is reproduced here as attachment. It is not just possible to introduce an amendment on your own without the formal approval of the Competent Authorities & Labour Unions. You have to go thro' the whole process before an amendment comes to stay. First you have to check with your SO presently in vogue whether "Trainees" are covered under SO and then proceed.
25th February 2013 From India, Bangalore
26th February 2013 From India, Thiruvananthapuram
26th February 2013 From India, Mumbai
you have to go through the same formalities for the amendment of any clause as that of certification of standing orders for a newly set establishment.Your problem is that you can't follow the Model standing orders after certification even if some of clauses favours or suits you. Carrying out an amendment is a difficult preposition where a strong union exists but comparatively easier where there is no union. When any proposal for an amendment is submitted to the concerned 'Certifying Officer' where no union exist, normally the certifying officer calls a general meeting of the workers and after mentioning them the reasons for calling of meeting, ask them to nominate their five worker's representatives, who will represent them in the proceedings for carrying out the amendments in the proposed cerification of the existing standing orders.Such amendments are carried out with much ease.
There is another way out,while issuing the appointment letter or entering into any bond or agreement with the candidate,you can put a clause for extended period of training or apprenticeship as per your requirement .Once he accepts the appointment letter,he is bound by it.
I would like to invite the reaction of my experts/seniors on my second suggestion.
Member since Aug 2011
27th February 2013 From India, Mumbai
You have aptly replied the question in the first part. So far as the suggestion in the second part of your reply is concerned, the incorporation of clause in the appointment letter for prolonging the probation/training period, in my view, may run into trouble since it will not be in tune with the certified standing orders.
27th February 2013 From India, Mumbai
Thanks for the reaction.
I am in full agreement with your opinion but keeping in view the long drawn process of undergoing the process of cerification of the existing standing orders,it seems to me an easy and less risky preposition. Once a cadidate accepts the terms & conditions envisaged in his appoinment letter,he does not dare to raise such matters unless complled by some exterior compulsions or reasons or the union espouse his cause, which is seldom.
Member since Aug 2011
28th February 2013 From India, Mumbai
I understand that you want to suggest a solution for the management to get over the the problem. But it is fraught with legal risk..it is necessary to bear in mind that certified standing orders are framed under the Industrial Employment(Standing orders) Act 1946 and thus, have the statutory flavor. Therefore, on the question whether the provisions contained in the certified standing orders will prevail in case of conflict with the terms and conditions contained in a contract of service i.e letter of appointment,it was held in EIcher Goodearth Ltd V.Rajendra Kumar Soni 1993 LLR 524 (Raj.HC),that the certified standing orders will prevail since they have the force of law.In Western India Match Co.Ltd V. Workmen 1973 AIR SC 2650, the Supreme Court held that an agreement tat is inconsistent with the provisions of certified standing orders is not sustainable.There is also a clear case governing exactly the situation discussed in this thread where in it was held that the probationary period cannot be stipulated in the letter of appointment to be longer than that specified in the certified standing orders. Hope I have sufficiently explained the legal position.
HR & Labour Law advisor
28th February 2013 From India, Mumbai
Is there any instances of giving punishments to the employees not specified in the standing orders. For example instead of suspending them as king them to work in a Oldage homes for three to four hours a day. Because our Management is proposing this.
Thanks and Regards
12th August 2013 From India, Bangalore
Can anyone clarify is it required to take standing orders for factory where 40 workers are employed in any manufacturing unit. Our consultant is forcing us for standing orders and told the expenses for this around 35000/- which is so high. so, please advise what to do. please revert
Thanks in advance
11th September 2014 From India, Delhi
Let me make it clear that "The Industrial Employment (Standing Orders) Act, 1946 is a Central Act, which is made applicable to the industrial establishhments which employs one hundred or more workmen.The state governments are the appropriate government, who are competent to fix the numbers of workmen even less than one hundred for the applicability of the Act in their state. It is therefore advised that you find out from the state rules as to whether the Act is applicable to your garment factory or not. If the same is applicable then you have to prepare draft standing orders incorporating the matters given in the Schedule to the Act and submit to the concerned state government labour officials.The complete procedure has been given in Sections 3 to 9 of the Act. Till the time, your draft standing orders are certified by the Certifying Officer, the model standing orders shall continue to be applicable to your factory as provided in Section 2A of the Act.
It doesn't make any difference whether your factory is located in rental building or in your own building.
23rd September 2016 From India, Mumbai
Applicability Of Industrial Employment (Standing Order) Act, 1946 On Shops And Commercial Establishment And Contractors Engaged By An Establishment In Haryana
Government of Haryana vide circular no 20934-70 has directed all officers of the labour department to strictly comply with guidelines with reference to Section 2(e)(iv) of Industrial Employment (standing order) Act, 1946; where the provisions of the said Act has been made applicable to every establishment of a contractor. Hence government has notified that, while issuing registration certificate and license under under The Contract Labour (Regulation And Abolition) Act, 1970, The Inter-State Migrant Workmen (Regulation of employment and condition of Service) Act, 1979 and The Motor Transport Workers Act 1961; the compliances towards the Industrial Employment (standing order) Act, 1946 shall be followed strictly. In this regard, undertaking of applicants shall be submitted to their Head Office urgently.
Copy of circular is attached for ref.
29th July 2019 From India, Bangalore
Dear CiteHR Members, Sir,
SUB: TRAINING on Important HR. SYSTEMS, RULES, Forms (SRF) to work HR ,
P&A. Dept. (Abbreviations used to save space)
I am providing Training to Company Officials, P&A Mgrs., Freshers; to ASSIST them to improve, update their P&A. works with S.O.P. for Factory, Mines, all Estts., Office Admn.;
HR Auditing, Recruitment, Attendance, Salary, Benefit , Leave Admin., Leave Card System, Grading of employees, PA, PMS, HRIS, MIS., All Policies, Procedures, Legal, Statutory Compliance, C.L., Regn., Licence, PF, ESI, Inspection by F.I.,L.I.etc., from Recruitment to Separation - with all Systems, Rules, Forms for H.R. Management - in Soft & Hard Copy - for easy understanding & Adoption.
I am giving below some of the Imp. P&A. Systems, Rules, Forms(SRF) to help P&A Officials as some of them are NOT there in many Cos; Books, Google etc., When u Google for ďMPIF,PA,MIS or S.O., IDA. etc.Ē; U will get 10+ Options; each different from the other. It confuses & you may not get the right answer, Forms u wanted; as u can get from me. Many Consultants donít have these SRF. Hence,
P&A. Mgrs. face problems to make HRIS, MIS Report to GM, FC, MD, Comply with Statutory Returns to FI,LI,ESI,PF, Pension,IT, PT,Bank etc.
I am providing Training for adopting, implementing the above SRF for
a. Attendance Certification problems for payment of Salary
(Employees not regularizing OD,OP,Leave etc.in time),
b. Optional-Holidays instead of Fixed Holidays to help HODs to
deploy M.P.for Essential works without violating Rules, OT etc,
c. Adopt Leave Card(LC)Systems instead of loose Leave Appn. due to
many benefits to P&A works; JSWSteel adopted LC in 1996 + SLR,SLL,
Kirloskar,Kalyani,BKG etc.;for Leave Admn; 1 Card for 1 empl. for
1 yr + Leave Rules on backside for infn.& compliance of all empls.
d. New Co.Appn.Form-60+ points to collect all personal details for
HRIS,Returns to FI,LI,ESI,PF,IT,PT,Bank,Nominee in 1 Form (instead
of piecemeal; which cannot be traced, causing problems later) to help P&A
Mgrs. to show all persnl.dtls. to GM,MD, FI,LI etc. Many Cos. adopted my Form as
their Form had below 20 points. Pl.check No.of points in ur Co.ís Appn).
e. M.P.I.Form to help HODs to give specific details of persons
to be recruited; to fill posts; specially, TECHNICAL posts.
f. Interview Assessment Form to help Panel Members, MD to assess,
Select, fix Design.Grade, Salary & Appoint the Right Person,
g. P.A.Form to Assess, Regularise Trainees, Confirm Probationers,
Promotion, SI & Grading of all employees into 27 Levels as per
Grading Chart to help HRD, Mgmnt.to fix Post, Grade, Salary &
to know No.of empls.-Grade & Dept-wise; for MIS, Returns etc.
h. Resignation-Acceptance, Notice Period, No Due Certificate,
Absenteeism, AOS Procedures, SC Notice, Enquiry, Termination,
Retrenchment, Relieving, F.S., etc. as per S.O., IDA.,
Our Group Consultants at Bílur, Chennai together have Developed 200+ Imp. HR Systems, Rules, Forms etc.,for the use of P&A, Accts.Works. The above Subjects will be explained with Soft, Hard copy in 1-4 weeks; as per ur needs. Ready-to-use Systems, Forms will be given for ur adoption. 1st Presentation is Free. My HR Training will save ur precious time, energy & money; and it will help ur P&A works for several years.
Two of the Samples are given below for ur infn. & ref.
1. ATTENDANCE CERTIFICATION FOR SALARY Ė H.R. PROBLEMS
Certification of Attendance of all empls.at the month-end; for Salary is an imp.task of all P&A.Managers.
Some Mgrs. face problems to Certify Attendance due to some of the employees
NOT Signing / Punching daily, NOT regularizing Leave, OD, OP, Co-Off. in time; Absenteeism,
Online, Manual Attendance NOT tallying etc.,
Causing delay to Certify Attendance for Salary;
delay Salary Payment; Resentment by employees etc.,
Big Cos.,specially; where 100s of employees works in 2-3 Shifts; P&A Mgrs. face the following problems; leading to employees grievances; representation to Seniors etc.,
1. Employees NOT signing in Attendance Regr.,NOT Punching while
entering & exiting, NOT following Shift Schedules.
2. Employees NOT writing Shift name disturbing Shift Allotment.
3. Employees while going out of Estt. during duty hours; NOT
submitting Approved OD, OP, Leave Card, Co-Off Appn. etc.,
4. Employee NOT regularizing Absence, W/Off, Holidays, Leave, Co-Off, OD, OP etc. within 2 days of NOT SIGNING and many COLUMNS ARE LEFT BLANK in the Attendance Regr. as on 30/31 of the MONTH; causing problems to certify Attendance.
5. Employees after working on Sundays, Holidays etc.,& after
taking Co-off, not regularizing with Co-off Appn., NOT
recording in Statutory Extra work-Co-Off Regr. etc.
6. Employees NOT putting small initial but big signature;
spoiling the Regr. / causing problems to others to sign.
7. Employees over-write in Attendance Regr., sign for others &
other errors, mistakes, violations.
My New Rules, Forms will give you imp. Guidelines, Procedures, to streamline Attendance Rules; reduce the problems to close the Attendance, Regularise Leave, Co-Off, OD OP, etc.,and help P&A. Mgrs., HODs, Accts.Dept. Auditors, GM/MD to overcome this monthly recurring problems & Comply with Co.& Statutory Rules.
2. WHY STANDING ORDERS (S.O.) / SERVICE RULES - I.D. ACT - ISSUES.
A Certified STANDING ORDERS under the Indus. Emplmnt. (S.O) Act; empowers the Co. to take Disc. Action against its Erring Emplís. for violating T&C in S.O. BUT; the Co. cannot punish an Emplí. for acts not included in the S.O.- SUPREME COURT.
Company Suspends, Terminates employees leading to grievances; Litigation, damaging Co.reputation; demoralizing; besides wasting Co.ís Money & time. TERMINATION WITHOUT ENQUIRY / NATURAL JUSTICE etc. IS ILLEGAL & Court can re-instate such Emplís.
S.O. Act obliges Cos.with 50+ empl.to adopt/Certify S.O. to regulate Employment conditions, Master-Servant Relation -tobe Certified by DLC & displayed for infn. & compliance by Co. & all empls.
Imp. Doís, Donítís Duties of Emplís.,Mis-conducts for which emplís. LIABLE FOR DISCI. ACTION-80 points. Imp.t&c. in Appt.Order.-for Sk.empl.-20,Suprvsrs & above-30.Pl. include Imp.acts/Conducts in S.O. & A.O.,and Follow PROCEDURES of NATURAL JUSTICE to make Coís. action Legal. For Cos. not covered under SO Act, Service Rules are to be made for the infn. & compliance of empls.not covered by SO. Pl.
contact to share imp.t & c. to frame, Certify S.O.,S.R., A.O.,A.O.S., IDA problems etc.,
Every HR,P&A Mgr. must have all Imp. Acts, Systems, Rules, Forms to administer HR works effectively & Professionally; as P&A Mgr. is answerable to
F.I., L.I., PFI, Pension, ESI, Gratuity, PT, other Govt. Officers, Auditors, HODs, GM/MD, Employees etc., and he has to solve all employees problems; keep Records in Per. Files for future ref. DURING THE LIFE OF EMPLOYEES & CO. ITSELF.
If you have any of the HR.SRF problems, I can provide you all Updated ďReady to useĒSystems, Rules etc., & assist you to implement them with my 35 yrs. exp. in 7 Mfg.Cos.at different places + 6 yrs in HR Consulting. Pl.contact to share more.
Kindly inform/forward this Msg. to ur Seniors,friends for their infn; Recommend to them to use my services to adopt the above SRF.
Thanking you & requesting your response.
C.N. Khan, HR & Mgmnt. Consultant. (Ex-AGM-HR&A..+ Secy.for ISO Certification) .
Ph: 9535470460- E-Mailid:
SANDUR, HOSPET. BELLARY Dist.,
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu + Hindi & English
19th September 2019 From India, Mumbai