A draft model standing orders - industrial employment (standing orders) act, 1946

Dear Friends,

As you are aware, every industry has service rules. The service rules are nothing but the Standing Rules, and the same has to be incorporated along with the Standing Orders. The Standing Orders Act, Schedule I, outlines the Model Standing Orders that will be available in leading bookshops. For taking any disciplinary actions, the concern should follow the Company's Certified Standing Orders by the Local Competent Authority. The general agenda of the Industrial Employment Standing Orders Act is as follows:

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

The Industrial Employment (Standing Orders) Act applies to every industrial establishment where one hundred or more workmen are employed or were employed on any day of the preceding twelve months. It can be extended even to establishments whose employment of labor is less than one hundred, and it does not apply to an industry to which Cl. VII of the Mumbai Industrial Relations Act, 1946 applies or to any industry to which the provisions of the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 apply. In other words, normally the Standing Orders have to be drafted by the employer, and their certification obtained under the Act wherever the establishment employs more than one hundred workmen. In Section 1(3), the certifying authority is Dy. Commissioner of Labor in the respective jurisdiction. The employer should be required to define with sufficient precision the conditions of employment under them and to make such conditions known to workmen employed by them. In case the employer fails to get his standing orders certified, the respective State Model Standing Orders will become applicable. It is advisable that instead of applying for the model standing orders, the employer should get the standing order certified. The standing orders that are certified under Industrial Employment (Standing Orders) Act become part of the statutory terms and conditions of service between the employer and employees.

Any term or condition of service that is contrary to the standing orders, certified under the Industrial Employment (Standing Orders) Act, 1964, if incorporated in the letter of appointment, cannot be implemented or acted upon. If the standing orders make it obligatory to hold an inquiry into an act of misconduct before dispensing with the services of the delinquent employee, then such a provision cannot be circumvented by resorting to the terms in the appointment letter providing removal without an inquiry.

A DRAFT MODEL STANDING ORDERS IS ATTACHED WITH THIS. IT MAY HELP EVERYONE. PLEASE GO THROUGH.

Please note that where the Certified Standing Orders are not in place, the Model Standing Orders of the respective state will be followed until certification.

Regards,

:) PBS KUMAR

Model Standing Orders

Do we need to get it certified from the authority? Please advise.

Viswanath

Dear friends, great job. Thank you very much for the Standing Order. Do we need to add the "Sexual Harassment at Workplace" clause or not? If anyone has the latest Standing Order that includes the above, please forward it to me at the email address kanoon.niraj@gmail.com. Thanks once again.

Thank you so much, sir, for this useful posting. One clarification: is it applicable to a hotel that is covered under the Shops and Establishment Act? If yes, when is it applicable (from the day of registration of the hotel under the Shops & Establishment Act)?

I think you have written a book on disciplinary action. What about the details of the book?

Hello,

I would be highly obliged if you could please send a draft of the Industrial Employment (Standing Orders) Act 1946 for the contractor employer in an aluminum factory.

Thank you,
WodeyarMH

Dear sir,

This really helps a lot and is very useful. But can we use or incorporate it in the State of Maharashtra?

Manoj
09422721403

Dear PBS Kumar,

It is a really helpful and learning experience for HR professionals who want to grow within the organization as part of Industrial Relations (IR). Your valuable insights from experts like you on IR matters are highly appreciated.

Thank you for sharing your knowledge and expertise.

Best regards, [Your Name]

Is the Casual Leave Mandatory under TN Model Standing Order?

To my understanding, as per the Factories Act, only 1 Earned Leave (EL) at 20 days is applicable, and not the Casual Leave.

Under what circumstances will the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 be made applicable to an Industry employing less than 100? What procedures are generally followed, and which Government authority enforces this application?

Dear Member,

You are correct in stating that only earned leaves are granted under the Factories Act, 1948 and not any other kind of leaves. Chapter VIII deals with annual leave with wages.

According to section 1(3) of The Industrial Employment (S.O.) Act, 1946, the appropriate Government can apply this Act to the industrial establishment, with the provisions of this Act applying to such number of persons less than 100 as specified in the notification. Under this Act, no special circumstances need to be shown by the Government for the issuance of such notification.

Regards,
R.N. Khola

1) Is the Casual Leave Mandatory under TN Model Standing Order?
2) To my understanding, as per the Factories Act, only 1 EL @ 20 days is applicable and not Casual Leave.
3) Under what circumstances will the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 be made applicable to an Industry employing less than 100? What procedures are generally followed, and which Government authority enforces this application?

Dear Member,

A person working in the capacity of a workman, as defined under Section 2(s) of the Industrial Disputes Act, 1947, is covered under The Industrial Employment (Standing Orders) Act, 1946. Therefore, it does not include individuals employed mainly in a managerial or administrative capacity.

Regards,
R.N. Khola

Dear Sir,

Kindly let me know whether the service rules for employees are linked to the model standing orders.

Regards,
Shrikrish

Dear Shrikrish ji,

The Standing Orders or Service Rules are mandatory for organizations; these should be certified by the Labour department in the respective areas. Where the certified Standing Orders are not in process, in the meantime, the Model Standing Orders of the respective state should be observed. Regarding the Service Rules for Employees, these rules may be incorporated in the Letter Of Appointment.

Regards,

PBS KUMAR

Dear Nagendra ji,

Your query is quite old, and the answer is as follows: If your hotel has fewer than 100 employees (in Maharashtra & Karnataka, less than 50), then only this Act is applicable to you.

Dear Mr. Kumar,

Can you please send me the Modal Standing Orders for the state of Kerala? What is the basic difference in the modal standing orders for different states? Your urgent help will be highly appreciated. Looking forward to your response.

Dear all,

Good afternoon.

One person stole company material and was caught red-handed by security while checking the bag.

In the standing order, what are the rules that apply and what is the procedure for punishment? Please reply.

Thank you so much, sir, for the useful posting.