PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Partner - Risk Management
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saswatabanerjeeI have not heard of anyone surrendering the standing orders
Can you please explain what exactly you want to do?
I think once your standing orders are certified, they remain in force. You may amend them if you wish.
If you wish to follow model standing orders, just change your Standing Orders terms to match it and get it certified again
From India, Mumbai
rkn61Can you explain the situation/circumstances which compels you to cancel CSO,
as, I have also not heard of this procedur, before.
Amendment of CSO is possible, subject to the approval of Certifying officer - Dy.Labour Commissioner, under whose jurisdiction, your factory is situated.
From India, Aizawl
pulkitNow organization want to follow the Model Standing order. Further, IF procedure for certify standing order thn it should be procedure for surrender and follow model standing order. Suppose, factory will be close permanently in that Case???
From India, Bharuch
rkn61Organisation was free to follow Model Standing Order. But as now the organization followed the procedure, for certification of Standing Orders, and got it certified by the Certifying Officer (Deputy Labour Commissioner), it is binding on Organisation/Employees to follow the CSO.
If the factory is closed permanently, do send intimation of closure of factory, to the Certifying Officer (DLC) and follow the procedure as per his direction.
From India, Aizawl
Madhu.T.KOn closure of an establishment, the employee employer relationship will come to an end. Then what is the significance of standing orders? Standing Order itself is a document certifying the employer- employee relationship and without that relationship the document becomes obsolete. The question of surrendering it will not arise.
From India, Kannur
Certain statutory and mandatory documents like orders, permits, license etc., issued by any competent authority the period of operation of which is not restricted by time limit would be of permanent duration. Standing Orders certified under the IE(SO)Act,1946 is one such document which would be in operation throughout the life of the Industrial establishment concerned unless certain amendments are made either at the option of the employer or employees or both or as a result of amendment to the Act or its Rules by the Appropriate Government by way of deletion or addition of certain provisions relating to the conditions of employment. Even in the situation of amendment to the Act or Rules, only the the particular clause of the existing Standing Orders which is inconsistent with the amendment becomes inoperative and in case of introduction of a new clause, the existing Standing Orders has to be amended accordingly or no violation of the new provision shall be thereafter.
Model Standing Orders are not exhaustive but only illustrative to act as guide lines to frame the draft Standing Orders by the employer depending on the speciality or peculiarity of the activities of the establishment carried out through the employees. That's the reason for the certification of the D.S.O. In fact the model sta ding Orders Act as a stop-gap arrangement during the period between the dates of application of the Act and the certification of the draft Standing Orders.
Therefore, the question of surrendering the certified Standing Orders during its operation does not arise merely for the purpose of following the model Standing Orders.
From India, Salem