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our company has certified standing orders. we want to amend our standing orders in Clause : Classification of waorkman Sub Clause : Apprentice / Trainee. In this clause we earlier mention that:
PROVIDED that a training period of a trainee will not exceed one year . IN THIS CLAUSE WE WANT TO EXTEND THE TRAINING PERIOD FROM ONE YEAR TO THREE YEAR.
can we do it with ADDENDUM OR we have to follow the whole process?

Dear Suresh,
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.
kumar.s.


Attached Files
File Type: doc STANDING ORDERS - AMENDMENTS TO Industrial Employment.doc (101.5 KB, 3124 views)

You follow the procedure u/s 10 of the SO act 1946 and therules under it made by your state govt. VARGHESE MATHEW BaseIndia consultants Trivandrum14 9961266966
Any amendment or modification needs to be submitted to the certifying Officer under Sec.10 read with Sec.3 of the standing orders Act 1946 who will hear both the parties before certifying the modification/amendment under Sec.5. however the Certifying Officer does the certification, having regard to various factors like the model standing orders and the merits of the amendment like the purpose of the amendment, the nature of business or activity and the industry norm etc.
B.Saikumar
Mumbai

Dear Suresh,

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.

BS Kalsi

Member since Aug 2011

Mr.kalsi
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.
B.Saikumar
Mumbai

Can anyone kindly clarify whetherindustrial standing order act 1947 is applicable to all private hospitals in Tamilnadu or india if kindly upload the draft standing order applicable to private hospitals.
thanks,
k.c.seshadri
thiruvallur

Dear Saikumar,
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.
BS Kalsi
Member since Aug 2011

Mr.kalsi

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.

B.Saikumar

HR & Labour Law advisor

Mumbai

Dear HR professionals
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
YD GOPAUL
BENGALURU


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