Korgaonkar K A
Educator, Management Consultant & Trainer
Standing Orders - IE(SO) Act 1946 is a Central Law. This Act is applicable to whole India except MP and where BIR Act 1946. In MP, there is an enactment of the State of MP namely, Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961.
Powers are conferred by section 15 read with clause (b) of section 2 of the said Act, 1946 to make rules under this Act upon the appropriate Government and accordingly, to my knowledge all most all the State Government have made their own rules.
Your company is working all over India as you said. To you, respective rules as framed by the respective State will be applicable.
Central rules are applicable to all Union territories, and to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oil field.
28th August 2015 From India, Mumbai
State Govt. is appropriate authority to enforce application and administration of standing orders . Now a days even on a strength of 10 , 50, 100 also few State Govt machinery have made obligatory that Certified standing orders is must. Moreover, please understand that every establishment must have its own Certified Standing Order where no. of workmen is criteria. Model standing orders can be allowed normally upto 6 months only and after 6 months , you must prepare your own certified SO based on guidelines enumerated under Model Standing Orders.While making actual SO for certification, one should have practical experience in dealing with Employee relations issues and general affairs of employees service rules . Mere cut and paste provision of Model SO and getting this set certified is not advisable. We are experts in this area, you can take our support on payment basis if desired.
Labour Law Adviser
Director-Future Instt Of Engg and Mnmnt Technology
8th September 2015 From India, Delhi
I am in U.P. and the company is of Gujarat, so according to rule which state Model Standing order shall be applicable Gujarat or U.P. please clarify so that I can respond with management and state labour authorities accordingly at the earliest.
11th September 2015 From India, Kanpur
SUB: Imp. Systems, Rules, Forms to improve P&A works, to work
HR Dept. HOW HR MANAGERS ARE “CHANGE AGENT”?
I am an Ex AGM-HR&Adm.with 35 yrs.exp.in HR, IR, LEGAL, & Admn., Management Works of 7 Mfg.Co’s.,Corporate Offices of Steel, Power, Chemical Plants & Mines; in Ballari, Chitradurga, B’lur,Chennai,Hyd.etc.,Secretary for ISO Certification & HR&Management Consultant for 6 years.
(Abbreviations used to save space).
I am providing Training to Individual Officers, Managers, Company Officials, Freshers; to ASSIST them to improve their HRA&IR works with S.O.P. for Factory, Mines, all types of Estt./Office Admn., Recruitment, Attendance, Leave, Salary-Benefit Admin., Grading of employees, C.L., Welfare, Statutory Compliance, Regn., Licence, Legal, PF, ESI, PA/PMS,T&D - from Recruitment to Separation - with all Systems, Rules, Forms etc., for H.R. Management - in Soft & Hard Copy - for easy understanding - to perform their works efficiently & Professionally.
I am giving below some of the Imp.HR Systems, Rules, Forms which are not there in many Cos. Pl.also read the List of 52 Imp.HR Forms. It will help you to make HR Systems, Rules, compile, comply with Statutory obligations, Auditing, Recruitment, M.I.S.,PA/PMS, Grading of all levels of employees, Inspection of F.I., L.I., PF, ESI etc., .
IT IS MANDATORY FOR EVERY COMPANY TO ENSURE to IMPLEMENT, ENFORCE & COMPLY WITH ALL INDUSTRIAL, LABOUR LAWS & ACTS .
Today; All Managers are HR / Personnel Managers as they have to get all their works done thru’ their employees. Most Managers; when they confront with a problem / want a solution; they refer to GOOGLE; but dont ask an Expert or go for Training to enrich their knowledge from an expd. Professionals.
For ex: when u want to know what is “Probation or Standing Orders” and you GOOGLE; u get 10+ Answers for 1 question; each one different from the other & even then; u may not get a Ready to use Answer/Form with all Rules & clarifications to use; as u can get from an Expert with 25+yrs. exp. in 5-6 Mfg.Cos. due to his practical handling exp. & exposure to different situations & environments.
HR&A Mgrs. are called CHANGE AGENT. HOW, WHY?
HR Mgrs. Attracts, Recruits, Encourages, Develops, Retains & Finally; Settles every employees problems /matters from Recruitment to Separation & Liaison with Govt. Officers like F.I, L.I., PCB, PF,ESI, Police, Public etc.,to help the Co. to comply with all Statutory Obligations & to employees; to get their benefits.
HR&Admn. Mgrs. in many Cos. are often questioned / teased by HODs/GM/MD including the employees for NOT making / following Rules on the below HR issues:-
1. How xyz got job, who interviewed /selected, who fixed Design., Salary, Grade etc; in Cos. which don’t have proper Criteria /Forms for Selection thru’ a Team of Panel Members; since HRD will have to deal with sensitive problems like grievances (Junior, less qualified getting more than Seniors etc.) as employees will react unlike Materials, Machines; which don’t react as men do. Standard Cos. prescribe Min.3 – (1. HOD of concerned Dept., 2. Unit Head & 3.HR Head) to take care of major HR works like Recruitment, Promotion, SI, Revision of Salary, Change of Desgn., etc., to maintain harmonious relation & to protect Co’s / Management’s Reputation.
FOR RECRUITMENT, APPOINTMENT, EVERY Co. MUST HAVE
1. MAN POWER INDENT / REQUISITION FORM (MPIF) &
2. INTERVIEW ASSESSMENT-SELECTION & APPL.FOR APPOINTMENT FORM; wherein
HRMgr.will get the reqd. details to call the right person for Interview & Interview Panel Members will get all Personal details of the candidates tobe interviewed; factors tobe assessed; viz., His Qlfcn., Exp.,, Suitability/Fitness for job, Age, Native/Present place, Present Post, Salary, Expected salary, Panel Members Recommendations, HRMgr’s Verification of Candidates details, vis-a-vis existing employees Post, Salary etc.; to Propose Post, Salary etc., to MD for Approval; to avoid heart-burning among employees after Appointment; disturbing harmonious relation at Plant.
HR Mgr. to start Recruitment process only after receiving Appd.MPIF from User Dept. (like Accts.Dept. doesn’t pay even Rs.50/- without Appd. Indent).
My New MPIF & Interview Form provides all above essential points reqd. to solve Recruitment, Interview & Selection problems.
(Some Cos. adopted them as they do not have above 2 Forms).
GM/MD must issue Orders that no person will be Recruited/Appointed without the above 2 Forms are filled & verified by HR Mgr. before putting up Proposal for Apptt. to MD.
2. EXISTING CO. APPLICATION / BIO-DATA FORM not providing imp.
dtls.of all empl’s, Family, Dependents, Nominee, Person to Contact in Emergency to update / furnish details in Statutory Returns to F.I., L.I.,P.F.I., ESI, IT, PT., Bank, HRIS etc., Hence, many HR Mgrs. face problems to give Per.dtls. to GM/MD, Govt.Officers etc. as the following current infn. is missing-
1. No Present Address to send Notice to X,
2. Mobile No. changed & unable to contact X
3. No Nominee’s detls.or dtls. of Person to
contact in Emergency; to Notify accident etc.
4. No Nominee’ detls. to send payment of
5. No detls. of Marriage/Family, Children,
6. No detls.of Aadhar,Pan Card for PF, ESI,I.Tax etc.
7. No detls. of latest Addnl. Qlfcn. etc., to
review Career Growth, Spl.Increment etc.,
8. No Bank A/c.No.IFC Code No.etc.to send F.S./payment
(My NEW BIO-DATA FORM will help U to collect all such infn. 60 Points. Some Cos. adopted them as their Co.Appn. had less than 20 points. Pl.check No. of points in ur Co.’s Appn. Form).
3. ABSENCE OF Proper FORM for PERFORMANCE ASSESSMENT to ASSESS EMPL’S. PERFORMANCE to give Designation, Promotion, Increment, Grading; leads to Grievances, dis-satisfaction, attrition, problems to HR Mgrs. to administer P&A works.
GM/MD must issue Orders that HODs must fill up the above Form for Regularisation of Trainees, Confirmation of Probationers, Promotion, Upgradation, S.I., Change of Designation etc. and the same must be verified by HR Manager before putting up Proposal for MD’s Approval.
WHEN GRADING, FIXING, REVISING SALARY /INCREMENT IS PROPOSED FOR THE FIRST TIME; BASED ON HIS EXISTING QLFCN.,EXP.,SALARY ETC., IT CAN CAUSE GRIEVANCES TO SOME EMPLOYEES WHO ARE LEFT OUT/NOT CONSIDERED.
HOD proposing Change of Design., Promotion, S.I., should fill up P.A. Form with justification; so that HRD & Mgmnt will not be questioned for any anomaly or denial to left out employees.
HR Mgr. should ensure that all employees Personal dtls. including Qlfcn. Exp., Past service, Salary details are there in Per.file & Checked.
P.A.FORM SHOULD BE SELF-EXPLANATORY WITH CHECKS & BALANCE POINTS; TO FACILITATE:-
A. HODs to assess his Employee’s Work Exp., Attitude, Performance, his Personal details etc., to propose.
B. HRD to review the case; taking into account his Qlfcn., Exp., Performance, Disciplinary issues, Merit of the case; problem it can cause to Others who were left out etc.,
and then; HRMgr to put up Proposal to MD for appl. so that both HODs & HRD did the Checks & Balance Exercise to minimize any flaw to implement Proposal and Mgmnt & HRD is not ridiculed for any problems; later.
My NEW P.A.Form contains 30 Requisite points- CHECKS & BALANCE to help HODs & HRD.
As P.A.FORM PLAYS AN IMP.ROLE TO FACILITATE HODS & HRD TO IMPLEMENT HR PROPOSALs, Pl.check No.of points in your existing PA; Whether Checks & Balance Points are covered etc. If not, pl.contact to share more.
4.NATIONAL & FESTIVAL HOLIDAYS Act – DUSSEHRA, DIVALI – OPTIONAL/RESTRICTED HOLIDAYS:
The Co. would have already filed HOLIDAYS LIST-2019 with L.I., F.I., & exhibited on Notice Boards as per the above Act. If you have provided O/R Holidays, it is OK. If not; you can consider the following points during 2019 and review the O/R Holidays in 2020 based on the benefits to the Co.; employee’s needs, morale etc.,due to Co.NOT providing O/R Holidays (mentioned below) in 2019 and make the List for 2020 including them.
Some Cos. declared 11 to 15 days Holidays for National & Festival Holidays in 2018 including the 5 National Holidays (COMPULSORY) as per the Karnataka Holidays (N&F) Act, 1963.
Further, the remaining days are also declared as COMPULSORY Holidays; due to which; all employees have to observe all Festival Holidays though some donot want to but; he has no option since the Co.has declared it COMPULSORY. Whereas; he has to apply for leave to observe any of the following Festivals which he/his family wants to celebrate or to go to his/family place; since Co. has not included them in the Declared Festival Holidays.
New Year Day Makara Sankranti Maha Shivarathri , Good Friday,
Ayudha Pooja, Naraka Chaturdasi , Eid Milad etc.,
Hence, you can declare 5 National Holidays COMPULSORY + some imp.Festivals like
Ugadi, Diwali, Ganesh Chaturthi etc.,
so that; the employees will have an option to take other Festivals (mentioned above) which he/his family wants to celebrate or plan to go to his place with family etc.for which; he need not apply for leave.
BENEFIT TO THE COMPANY:
Some HODs face Manpower(MP)Shortages to man Essential Services during Festivals like Dusserha, Divali when 3-4 Holidays come at a time. OPTIONAL HOLIDAYS will help Continuous Working of Essential Services(like Prodn., O&M, Utility, IT,HR&A, Transport, Canteen, OHC (which require un-interrupted Works) to ensure Min.MP to man Essential Services as most empl’s don’t observe all Festivals at 1 time & so, when 1 set of empl’s take Holiday, other set can work & vise-versa.
Some HR Mgrs. enquired "How Holidays List is made with Optional / Restrictive Holidays". A Draft is given below for guidance. Since you have already filed Holidays List -2019, you may analyse the Cos. & employees needs during 2019 and review / consider changes in 2020 List.
. . ./HR/ - - - - - - 1.12.2018.
HOLIDAYS LIST - 2019
THE FOLLOWING DAYS ARE DECLARED AS COMPULSORY & OPTIONAL HOLIDAYS FOR 2019*
A. 5 NATIONAL & 4 FESTIVAL PAID HOLIDAYS - CUMPULSORY :
Sl. EVENT DAY MONTH & DATE
1. Republic Day Saturday January 26
2. Ugadi Saturday April 06
3. May Day Wednesday May- 01
4. Ramzan (Idul Fitr) Wednesday June- 05
5. Independence Day Thursday August- 15
6. Ganesh Chaturthi Monday Sept. 02
7. MahatmaGandhiBirthday Wednesday Oct. -02
8. Dasara Tuesday Oct. 08
(Sl.Nos. 1, 3, 5, 7 & 9 (Red Colour) above are Nationnal Holidays. Others are Festival Holidays).
B. + Any 3 of the 8 OPTIONAL HOLIDAYS GIVEN BELOW:-
1. Makara Sankranti
2. Maha Shivratri Monday March 04
3. Good Friday Friday April- 19
4. Bakrid (Idul Zuha) Monday August- 12
5.Muharram (10th Day) Tuesday Sept. 10
6.Ayudha Pooja Monday Oct. - 07
7. Naraka Chaturdashi Tuesday Nov. 26
8.Christmas Day Wednesday Dec. 25
GENERAL MANAGER (HR &A) .)
FESTIVALS FALLING ON SUNDAYS
1. Deepavali Sunday Oct. 27
2 . Id-Milad Sunday Nov. 10
When Company has to declare Sudden Holiday due to Bandh, Strike, death of any leader, Important Person etc., such Holidays are to be compensated by working on any other Holiday in the same month or next month; at the discretion of the Management.
Optional / Restricted Festival Holidays for the particular Community employees only.
Ramzan & Bakrid: Date may change depending on Announcement/citing of Moon.
Cc: to all HODs,,
Cc: to all Notice Boards, : for the infn. of all the employees.
Cc: Factory Inspector
Cc: Labour Inspector
5. LEAVE CARD (L.C) VS. LEAVE APPN. (L.A.) FORM:
Some Companies are still using loose Leave Appn.Form for taking of Leave instead of adopting Leave Card System. As the present Leave Appn. is loose & 100s of such Appns. comes to HR Dept., Seniors cannot Check, keep track, tally with Biometric data as can be checked with Single Leave Card & hence, Certify Attendance as put up by the Staff. In case of discrepancy; or complaint, checking/tracing of old L.A. is difficult; will delay Salary Processing etc., Since some employees will take 2-3 times leave in a month, Company has to Print 1000s of copies of L.A. as against Printing of 1 Leave Card for 1 employee for 1 year. Also; many L.A.,are zeroxed due to urgency; increasing the cost. L.C. Saves printing & zerox Cost where lot of empl’s. work. After one year, keep LC in Per.File as Record to verify throughout their service; HODs can warn the empl. for mis-using of leave & approve on need basis.
The imp.Managerial work of P&A Dept. to check / tally Attendance cannot be done or is ignored since; P&A Dept.has not adopted L.C.System.(Finance Dept.can check & tally all expenses a/c.). One reason for not adopting L.C. is; many HR Mgrs/GMs.not knowing its benefit
for P&A works.
BENEFIT TO THE COMPANY:
In the case of L.C.; since there will be only one Card for every employee for one year, the L.C., moves thru’ the HODs, HRD., Accts., Auditors, Sanctioning Authority-GM/MD throughout the year. It helps them to check; see the correctness of all Leaves; specially; EL/ PL. as it is CASH. This Check itself will reduce mistakes; change the attitude of all P&A Ofcrs to check the L.C. when it comes to them (AND EVERY L.C. MUST GO to P&A Officers to PERFORM THEIR MANGERIAL WORK OF VERIFICATION). It makes the employees extra cautious & plan to take leave unlike in the case of Loose L.A. which only helps to get sanction of Leave but none to check. As L.C. is a manually entered Card & checked by P&A, Auditors, etc., it is accepted by all as Authenticated & Seniors rely for its correctness. Hence, L.C. helps to compute Leave, make Pay Roll & F.S. work fast.
If you have not yet introduced L.C; to start with; u may make it as under:
1. One side of the Leave Card to apply for Leave &
2. Backside; u can print Leave Rules for the infn.& compliance of all employees so that;
in one Card; u can get both the works done & u will have an effective & useful System in place for Leave Management.
The existing System of applying for Leave Online, Punching, Face Reader Bio-metric etc., will continue. Only the L.A.Form will be replaced with L.C. for several benefits for the Co.’s P&A function.
My New Leave Card & Leave Rules will solve the problems of Leave Mgmnt.
6. INDUCTION Process;
The 1st Impression, Confidence building tool; between New Recruitees, Co., HODs & Reporting Officers do not exist. Joining, Welcoming, Introducing formalities; providing basic infn., facilities, tools etc., to the new Recruitee are essential to create a sense of belonging / Retaining, career growth etc.,.
My new Induction Form will help the New Recruitee, HRD, HODs & MD for proper Induction of New Joinee.
7. ABSENCE OF FORMS, RULES TO PAY, REGULATE ADVANCE, LOAN, EXPENSES, OD, TA, Co-Off, PL Encashment, MB etc.,
affects Administration of P&A works. A uniform Policy, Forms will reduce writing works & save precious time of Officers, employees and facilitate fast working of P&A and Accounts Dept.
My New Forms are made to facilitate the Employees, HODs, HRD, A/c. Dept., Mngment & comply with Legal requirement.
8. ABSENCE OF ASSET DAMAGE / BREAKAGE / INJURY / INCIDENT REPORTING SYSTEM, Forms: Assets Registering of costly items like Laptop, Mobile, Instruments, tools, Movement Systems, Employment Injury; Machinery/ Instument breakage/damage can result in Loss to Co., delay to claim insurance / settle payment etc.
My new Forms will help to streamline procedures for all above works
9. RESIGNATION ACCEPTANCE, NO DUE / CLEARANCE CERTIFICATE, Relieving & Final Settlement-
No proper Form / System after HOD sends Resignation Letr. to HR. No Feedback to the person, HOD etc. from HRD reg. Resignation Acceptance, No Due / Clearance Certificate, Handing over Charge, Exit Interview, F.S. etc., to regularise Separation.
My new Form will help the employees, HODs, HRD & Mngmnt for a smooth Separation & Settlement.
10. ABSENT NOTIFICATION FORM - - A.N.F.
Another imp.issue for which HRMgr. is blamed is the Absenteeism of employees in different Depts. & initiating disciplinary action for A.O.S.
Absenteeism is common in some of the Labour Intensive Cos.& it can become an issue if not dealt with promptly. HRD. is blamed for laxity.
Qtn.: When X in Prodn. Dept. absents, whether HR or Prodn. Dept. to initiate action?? HR to take Action against erring employee only when concerned HOD sends A.N.F. to him. Proper Disc.Procedures, Rules tobe followed for AOS lest; Court will nullify Termination as void. The above Form helps to Report & initiate action for Absenteeism. A Circular & ANF Form to be sent to all HODs to Monitor, Report Absenteeism & to initiate Disciplinary action.
My New ANF Form will regulate Absenteeism & facilitate Compliance Procedures for AOS, SO & IDA.
11. WHY STANDING ORDERS (S.O.) - I.D. Act - Issues.
A Certified STANDING ORDERS under Indus. Employment (S.O) Act; empowers the Co. to take Disc. Action against its Erring Empl’s. for violating T&C in S.O. BUT; the Co. cannot punish Empl’s. for acts not included in S.O. - SUPREME COURT.
Company Suspends, Terminates employees leading to Litigation, grievance; damaging Co.reputation; besides wasting Co.’s time & Money. TERMINATION WITHOUT ENQUIRY / NATURAL JUSTICE etc. IS ILLEGAL & Court can re-instate such Empl’s.
S.O. Act obliges Cos.with 50+ empl.to adopt S.O. to regulate Employment conditions, Master-Servant Relation -tobe Certified by DLC & displayed for infn. & compliance by Co. & all empls.
Imp.Do’s, Don’t’s, Duties of Empl’s., Mis-conducts for which empl’s. LIABLE FOR DISCI.ACTION-80 points. Imp.t&c.in Appt.Order.-for Sk.empl.-30,Suprvsrs & above-40. Pl.include Imp.acts/Conducts in S.O. & A.O.,and Follow PROCEDURES of NATURAL JUSTICE to make Co’s. action Legal. Pl.contact to share imp.t & c. to frame, Certify S.O.,A.O.,AOS, IDA problems etc.,
Every HRMgr. must have all Imp. HR Acts, Systems, Rules, Forms to administer HR works effectively & Professionally; as HR 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.
REQUEST: As these are imp. P&A. Rules, U may print, read & preserve them for future reference. (I have developed 200+ imp.HR Rules, Forms etc.,) Pl. SHARE THIS WITH UR SENIORS & FORWARD to UR H.R.FRIENDS IN OTHER Cos.for their infn.& help them/me.
I can provide you all Updated, Ready-to-use HR Systems, Rules, Forms & assist you to introduce & implement them.
Thanking you & awaiting to hear from you.
With Kind Regards,
C.N. Khan,HR & Mgmnt Consultant&Advocate(Ex-AGM-HR&A-35 yrs exp. in HR,IR,LegalAdmn.in7 Mfg.Co.s+Secy.for ISO certification).
Ph: 9535470460- E-Mailid:
SANDUR / HOSPET, BENGALURU
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu, Malayalam + Hindi & English
1st February 2019 From India, Mumbai