How Can I Get Standing Orders Certified Without Involving Workers? Seeking Advice

Dear All,

I am working in a medium-scale industry with around 200 employees (workers). In this organization, we do not have any union from the beginning. Therefore, the organization has not been maintaining the standing orders. By this, I mean they have not obtained certified approved standing orders from the Labour Department.

Now, management is asking me to get the standing orders certified. I am unsure of how to proceed. As far as I know, to certify the orders, you need management and union or workers' representatives to decide on the orders.

Please help me figure this out without involving the workers.

Raj

Dear,

It is not necessary to have a union to obtain certification of standing orders. You are required to prepare a draft of standing orders in five sets to be deposited with certifying authorities, possibly the Deputy Labour Commissioner. You can obtain the signatures of five representatives from the workers' side on a proforma designated for this purpose. Then, deposit it with the authorities for certification.

Thank you.
J.S. Malik

Malik Sir,

Please tell me when is a factory required to get certified standing orders. I mean, is it dependent on the number of employees or any other criteria. Please advise.

(SAHIL)

Dear Sahil,

It depends upon employee strength. As per the Industrial Employment Standing Orders Act 1946, if the number of employees is more than 100, then you are required to get certification of standing orders. Now, state government rules vary for different states. In Karnataka, this strength is 50, and in Maharashtra also fifty. In Uttar Pradesh, for every factory, it is compulsory to have standing orders certified.

Thank you,
J.S. Malik

Dear Malik ji,

Thank you for your reply. In my case, my employer does not want to involve the worker or any of their representatives. He thinks it will create unity or some kind of groupism. He wants this to be done without involving the workers. How can we achieve that?

Raj

Dear Malik Sir,

Is it necessary to involve workers for the registration of standing orders as per the rules? If yes, then what will be its demerits?

Regards

Dear,

It is a legal requirement that workers' representatives/unions sign the covering letter as they do not have any objection.

J.S. Malik