Need Help with Amending a Standing Order: What Forms and Procedures Are Required?

Dear Experts, We want to amend the existing standing order as per the law. Hence, I would like to request the forms, formats, and procedures. Kindly provide me with the same.

Thank you,
Regards

In order to amend the standing orders, get the new provisions approved by the employees and their representatives/Union. Then, get it certified in the same manner as was originally certified, i.e., by the Officer of the Labour Department not below the rank of Dy. Labour Commissioner. Ensure that the amendment is not taking place before six months of its certification or any past amendment.

Regards,
Madhu.T.K

Mr. Madhu replied with all the details, and finally, you need to issue a change order.

Regards,

Dear Member,

When our senior intelligent member, Mr. Madhu T K, has provided you with the correct/most appropriate answer, then what is the need for more responses? Moreover, for your satisfaction, it is submitted that we can modify our certified Standing Orders by following the procedure as laid down in section 10 of The Industrial Employment (Standing Orders) Act, 1946 which is reproduced below for your reference.

Duration and modification of standing orders:

Sec. 10. (1) Standing orders finally certified under this Act shall not, except upon agreement between the employer and the workmen, or a trade union or other representative body of the workmen, be subject to modification until six months have elapsed from the date on which the standing orders or the last modifications thereof came into operation.

(2) Subject to the provisions of subsection (1), an employer, workman, or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified. Such application shall be accompanied by five copies of the proposed modifications, and if the modifications are agreed upon between the employer and the workman (or a trade union or other representative body of the workmen), a certified copy of the agreement shall be filed along with the application.

(3) The foregoing provisions of this Act shall apply in respect of an application under subsection (2) as they apply to the certification of the initial standing orders.

(4) Subsection (2) shall not apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.

Go ahead accordingly.

Opinions/comments have been submitted as requested.

Regards,
R.N. Khola

Sirs,

There are 3 registered unions in our organization. Two unions have agreed to the amendment, but the third union has not agreed to the change. In this situation, whether the standing orders can be amended or not may please be clarified. We have already filed the application for the amendment of standing orders before the Certifying Officer & DLC Central.

Regards, V.V. Satyanarayana

In such situations, it would be advisable first to find out which union is the sole bargaining agent or principal bargaining union. Though recognition of trade unions by law is implemented in very few states, like Maharashtra and Kerala, you can carry out a referendum and, based on the membership, decide which union should be recognized. Once this is done, it will be easy for you to carry out negotiations. You can speak to the Labour Commissioner in this regard and find a solution.

Madhu.T.K

Thank you, sir. The query pertains to Andhra Pradesh. Through a ballot, the union that received the maximum votes was decided, and the said union was given the status of a Recognized Union. The Recognized Union is agreeable to the amendment suggested by the management. Another registered union is also in favor of the amendment. However, the third registered union is not in favor of the amendment of the Standing Order. We shall discuss this with the ALC. Legally, is the amendment of Standing Orders permissible once the Principal Bargaining Union is agreeable? Can you please clarify this, sir?