Understanding the Certification of Standing Orders in Maharashtra under the Industrial Employment Ac

Dear Seniors,

Please tell me whether it is necessary to get the standing orders certified even when we are following Model Standing Orders. I am asking this question because I received an NC in HR Audit for not having registered the Model Standing Order.

Yes, it is necessary to certify the Standing Order by the Certifying Office because as per the Employee Standing Order Act of 1946, the procedures need to be followed. The act will then only become applicable to the industrial establishment.

Dear Sir/Madam,

A standing order is effective only within 90 days of the establishment's commencement. If this timeframe is exceeded, you are required to draft a standing order in adherence to the model standing order. Failure to do so may result in penal actions being taken against you.

Regards,
Pramod

Dear Friends,

I am writing to inquire about the applicability of standing orders. Do contract workers also count in the total number of workers employed?

Regards,
Sanjiv

Dear Tina,
"Standing Orders” means the rules of conduct for workmen employed in industrial establishment relating to matters like attendance, leave, misconduct, etc., enumerated in the Schedule appended to the
The Industrial Employment (standing order) Act, 1946.

Mr. Narendra,

I hope you are referring to the Model Standing Order applicable in Maharashtra State.

In the State of Maharashtra, the Model Standing Orders are applicable to every establishment to which the IE (S.O) Act applies. It is therefore optional for an employer (or workmen) to remain content with the Model Standing Orders or if he desires any changes in the Model SO, to submit to the Certifying Officer the draft amendments and seek the SO certified. However, only alterations, variations, or additions are allowed, but deletions or omissions in the SO rules are not permitted.

Thanks,
tms

Dear,

Earlier, as I have posted, the model standing order is effective for 6 months only. Thereafter, you should certify your own standing order in accordance with the model S.O. If any dispute arises, then the importance of the standing order shall come into picture.

PK Tripathi

Prashanth Joseph,

Hi, I have joined one of the manufacturing industries. Can you please guide me on creating a standing order for my factory? Also, could you send me the points I need to keep in mind?

Thank you.

Hi All,

I am providing the following:

1. SHORT TITLE, EXTENT, AND APPLICATION. - (1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India.
(3) It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: Provided that the appropriate Government may, after giving not less than two months' notice of its intention to do so, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such a number of persons less than one hundred as may be specified in the notification.
(4) Nothing in this Act shall apply to - (i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (11 of 1947), apply; or (ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of 1961) apply:
Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of 1961), the provisions of this Act shall apply to all industrial establishments under the control of the Central Government.

Also, find the following link for the same:

Laws - Industrial Employment (Standing Orders) Act, 1946

Laws - Industrial Employment (Standing Orders) Act, 1946

Hi dear,

Yes, it is necessary to have the standing order. In this regard, you can make your own standing order by referring to the model standing order. After framing the S.O., it is statutory to certify that S.O. from the competent authority.

Regards, Nayan

Hi Nayan,

Thank you for sending the message. I would like to be your friend. You can contact me at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=cHJhc2hhbnRoX2 1hcnlqb0ByZWRpZmZtYWlsLmNvbQ==[/IMG]9844831139. I will be looking for your request.

Thank you, with Best regards,

Prashanth Joseph

Dear PK Tripathi,

I seek clarification regarding the following point: In one of the emails, you have referred to the applicability of Model SO to 90 days. Then, in another email, you say it is 6 months. I am a bit confused.

With regards,
DC

Dear Narendraji,

You had mentioned in one of your emails:

"I am asking this question because I got an NC in HR Audit for not having registered the Model Standing Order."

Did any external agency conduct the HR Audit?

With regards,
DC

Hi Nayan,

What difference does it make if a company has its own Standing Order instead of following the Model SO?

DC

Hi friends,

Can anyone tell me:

1. Whether IT companies come under the definition of an industrial establishment as given in the Industrial Employment Standing Orders Act?

Hi friends,

Can anyone tell me:

1. Whether IT companies come under the definition of an industrial establishment as given in the Industrial Employment Standing Orders Act?
2. Whether call centers/BPOs are required to have certified standing orders?

Regards,
GPL

Hi!

We are in the process of drafting the standing orders for our factory in Maharashtra. I would be really glad if someone could clarify the following doubt: Can we draft the Standing Orders afresh and include everything mentioned in the schedule (in different words), or is it necessary to adopt the draft of the model standing orders and make additions or changes to it?

Thanks!

If you wish to deviate from model standing orders and for that purpose have framed draft standing orders, then alone you have to seek approval and certification from the certifying Authority. Since you are following model standing orders, neither there is a need for certification nor will you get any certification of model standing orders.

Model standing orders are framed under the Industrial Employment (Standing Orders) Act, 1946. They are applicable to all industrial establishments employing 100 or more workmen (in Maharashtra 50). An industrial establishment is defined in the said Act. In general, in Maharashtra, it is applicable to all factories, commercial establishments, etc., employing 50 or more workmen. Thus, banks, factories, and commercial establishments are covered. It is immaterial whether the industry is private Ltd., public Ltd., or proprietary concern. Furthermore, it is immaterial whether the industrial establishment engages in manufacturing, IT, or has shops selling groceries, etc. It is mandatory to adhere to the provisions of the Industrial Employment (Standing Orders) Act, and non-compliance may invite punishment.

Dear,

Every state has different rules regarding the number of employees. If you are employing 50 or more workmen at any time during the year, you are required to apply for certification of standing orders. Until standing orders are certified, you shall be governed by the Model standing orders of the state.

Ak Malhotra
Sr. General Manager
Dharampal Satyapal Limited

Dear All,

I am associated with the R&D industry (factory). Please help me draft standing orders on behalf of my company. I am based in Kolkata.

Regards,
Debjani

Hi,

Please send me the Contract Act details or Power Point Presentation, or detailed features that are required to be followed in the organization.

Thanks & Regards,
Rahul Vaidya
9420349377
HR Executive

Dear Rahul Vaidya,

The Contract Act is a Civil Act, and the Contract Labour (R&A) Act of 1970 is one of the labor laws. You have not specified the year of the Act.

Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361

Dear Sanjiv,

In my opinion, we are not to count the number of contract workmen with that of the principal employer's workmen for examining the applicability of the I E (SO) Act, 1946 on any Industrial Establishment as the contractor has its own separate entity as per the definition of Industrial Establishment as shown in section 2(e)(iv) of this Act. Contrary views, if any, are also invited from the members.

Regards,
R.N.Khola

It is not necessary to get standing orders certified. If you seek any alteration in model standing orders keeping in view special requirements of your establishment, then alone you may apply for certification by submitting the draft standing orders which you wish to have.

The advantage of seeking certification lies in the fact that if in the future model standing orders are amended, the service conditions shall be governed by certified standing orders until the changes are incorporated in certified standing orders. This can be done by the interested party (mostly the union) by applying to the certifying authority seeking an amendment to certified standing orders.

The contract labor is not to be included while counting the number of workmen for the purpose of applicability of standing orders. The reason is simple: in the Standing Orders Act, the definition of workman is adopted from the definition under the Industrial Disputes Act. The definition of workman (sec. 2s) under the Industrial Disputes Act does not include contract labor.

This forum is meant to solve difficulties through mutual discussion and the exchange of knowledge. Therefore, it is expected that before asking a question, one does necessary homework and tries to find an answer. Asking for the text of the bare Act displays laziness and should be discouraged; such queries deserve to be ignored.