Is Certification of Standing Orders Mandatory for Our Service Industry Business in Haryana?

Hi all,

Our establishment belongs to the service industry and is covered under the Shop & Establishment Act in Haryana, with 70-80 employees. Please help with the following:

1. Is certification of Standing Orders as per the Industrial Employment Act, 1946, compulsory or not?
2. How many employees are required for the same?

Regards,
Jony_M

Dear friends,

Can anyone send the draft standing orders under the Andhra Pradesh Shops and Establishments Act?

Regards,
Srinivas

Unless otherwise provided in the rules by notification by the State Govt., the provisions of the Industrial Employment (Standing Orders) Act, 1946 shall apply to establishments where 100 or more employees are/were working. For Madhya Pradesh, separate Acts covering the same objective are in force.

Though it is mandatory for those establishments employing 100 or more employees, it is always good to have separate standing orders because certified standing orders are bona fide documents that define the relationship between the employer and the employees and regulate the conduct of the business of the establishment. A draft of standing orders is available on my blog. Please try the following link: #comment20218.

Regards,
Madhu T.K

Dear Jony,

In my opinion, your shop is not covered under this Act as, after examination of the definition of Industrial Establishment, a shop without any manufacturing process does not come within the ambit of the definition of Industrial Establishment. You are covered under the Shops Act, 1958, and also employing 70-80 persons. It means that you do not have any manufacturing activity; otherwise, you would be covered under the Factory Act. In Haryana, Industrial Establishments employing 50 or more employees are covered under this Act. If you are residing in Chandigarh, you may see Mr. Anupam Malik, Jt. Labour Commissioner, Haryana. The Head Office of the Labour Department is situated at 30 Bays Building, Sector-17 B, Chandigarh, or you may go through the Act yourself.

Hope this will suffice for your query.

Regards,
R.N. Khola,
Sr. Associate,
09810405361

Dear Seniors,

I have recently joined a manufacturing company. My company's Head Office is located in Delhi, and the plants are situated in Haryana and Rajasthan. Both plants are registered under the Factories Act of 1948 and have certified standing orders.

According to the available records, my Head Office is not yet registered. I am confused about whether my Head Office (comprising HR, Accounts & Finance, Commercial, EDP, and Marketing Departments) will be registered under the Delhi Shop and Establishment Act or the Factory Act of 1948. If registered under the Delhi Shop and Establishment Act, is it necessary to have standing orders, or can I frame service rules for the Head Office? The Head Office has approximately 90 employees on the payroll and is eligible to have standing orders as per the ruling in the NCT of Delhi, which mandates standing orders for workplaces with 50 or more employees.

Kindly suggest.

Regards,
Jagan

Dear Jagan,

You are required to get your Head Office registered under the Delhi Shop Act. The eligibility for coverage under the I E (S O) Act, 1946 is 50 employees in Delhi. You may approach the Labour Department in Delhi for this purpose within your area.

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

Dear Mr. Khola,

Thank you for your advice. However, as you have advised Mr. Jony that Standing Orders are not applicable to his establishment, which also falls under the Shop & Establishment Act, can I have service rules instead of Standing Orders at my Head office? I believe that since service rules are not a legal document like Standing Orders, the management may prefer them over Standing Orders.

Please clarify.

Regards,
Jagan

Dear Jagan,

You can also prepare your service rules for your HO, but I would advise that after framing these rules, all concerned employees should accept them for future compliance. After this, for freshers, you can include this in your appointment letter that they will be governed by the rules and regulations of the unit.

Regards,
R.N.Khola

Dear Mr. Khola,

I have seen your response to Mr. Jony quoted below. Does this mean that factories covered under the Factories Act, Inspectorate of Factories, do not have to obtain Standing Orders certification? We are a food processing unit based in Tamil Nadu. We have employed more than 100 people over the last financial year. Your help is much appreciated.

Thanks,
Mrs. Sharma

Dear Madhu,

I am in the process of understanding the Standing Orders and applying it to my factory. I clicked your link below, but I think it has been disabled as I am not able to open the page. I would really like to understand the benefits of Standing Orders. Does it have any impact on, for example, PF, Minimum Wages, etc.? Can you please share the draft of the standing orders once more?

Thanks again. Looking forward to hearing from you.

Mrs. Sharma

Getting Standing Orders certified does not have any negative impact on the company. At the same time, it is beneficial for the organization because it sets out certain rules and regulations and defines the relationship between the employer and the employees. If you have any doubts, for example, about sanctioning leave, procedures for hiring a trainee, conducting disciplinary actions, payment dates for wages, approving travel bills, or any HR-related matters, you can refer to the Standing Orders. These orders are binding for both employees and employers alike. None of them can question any provision in the Standing Orders since they are drafted in consultation with employees and trade unions and certified by a government officer not below the rank of Deputy Labour Commissioner.

The citehr blog where I had originally posted is not currently available. You can find a draft of the Standing Orders on my blogspot blog by following the link below:

[Madhu.T.K: Standing Orders](http://madhu-t-k.blogspot.com/2010/01/standing-orders.html)

Regards,

Madhu.T.K

In our factory, 70 employees are working. It is compulsory to apply a standing order under the Factory Act of 1946. Please send me details of this.

Thank you.