Mahesh2393Industrial Employment (Standing Orders) Act, 1946 (“IE Act”) can anyone help me to understand this Act and to whome it is applicable and which case we need to file Form A and Form B under this Act.
From India, Pune
Madhu.T.KIndustrial Employment (Standing Orders) Act, 1946 is a central legislation which provides for preparation of standing orders, the HR policies and procedures which define the employee employer relationship, what are expected from the employees, what are their rights, leaves, salary day or how to take disciplinary action against employees. Standing Order per se is a document which defines and regulates the employment of workers. It is prepared in consultation with the workers/ their union and is signed as certified by an Officer of the Labour department not below the rank of Deputy Labour Commissioner. The Standing Order once certified will be binding on both the employer and the employees. As such, it is just a charter based on which both will act.
It is mandatory to file standing orders by establishments employing 100 workers. But in many states the establishments employing 50 workers are also required to have certified standing orders. In some states the standing order is required only for factories but in many other states the commercial establishments also are required to have standing orders. If I am not wrong in Maharashtra the Standing orders is required to be filed by commercial establishments also.
The benefits of standing orders are plenty. Though the initial drafting involves consultation with the workers and taking them in to confidence, once it is certified, much of the confusions regarding the service conditions, procedure for handling their grievances, conducting disciplinary action for various misconducts, even the punishments based on the severity of misconducts etc will be made very easy.
The Standing Order Act also has an annexure, ie, Model Standing Orders, which can be used by the companies for the time being and till the certified standing order is made effective. This can also form base for your draft standing orders.
From India, Kannur