Can We Use Model Standing Orders for Our 500+ Workforce, or Do We Need Custom Ones?

Dear Sir/Madam,

I request all of my seniors and peers to advise on the following matter. Our organization has employed more than 500 workers, yet we do not have any standing orders in place. I would like to establish standing orders for this workforce. Could you please guide me on whether we can adopt model standing orders for this number of workers, or if we need to draft our own and seek certification from the ALC?

With regards,

Model standing orders can be followed only for a limited period, say six months of coverage of the Industrial Employment (Standing Orders) Act. Therefore, you have to draft standing orders of your own in consultation with representatives of the trade union/employees and get it certified by the Officer of the Labour Department not below the rank of Dy. Labour Commissioner, or such other officer as per the rules applicable in your state. You can take the model standing orders as the base.

Regards,
Madhu.T.K

Hi,

Do model standing orders apply to any company based out of Delhi? Could you provide information on which statute states so?

Hi,

The Industrial Employment (Standing Orders) Act, 1946 is also applicable in Delhi.

R.N. Khola

Could you also please help me with the fact that if I am only undertaking assortment for hampers, would model standing orders apply?

Hi, If you are running your business in the state of Haryana and if you are employing 50 or more workers, then you are required to have a certified S.O. as this Act is applicable to you.

R N KHOLA

Duties of Employer as per Section-19 of the Sexual Harassment of Women at Workplace Act 2013

The duties of an employer stipulated under Section-19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, effective from December 9, 2013, are as follows:

"Every employer shall treat sexual harassment as misconduct under the service rules and initiate action for such misconduct."

The law is binding on every employer in India, making it necessary, essential, and advantageous to determine and define with sufficient precision the norms, standards, and terms of employment. Employers should incorporate this provision into their respective establishments' certified standing orders or codified service rules, as applicable. This should be done following the prescribed procedures for changes, amendments, additions, or deletions of new provisions by drafting proposed alterations in consultation with the registered trade union or workers. Submit the draft in five sets to the office of the designated certifying officer, as clarified in the post of Honorable Madhu Sir. After receiving a proper certification order from the authority, notify and display the above-mentioned clause conspicuously to all employees and others on the notice boards for information and compliance.

It is clear that having certified standing orders in industrial establishments, irrespective of the minimum numbers prescribed for general application, is ultimately beneficial and advantageous to employers and managements in such industrial establishments. After all, laws are intended to be normative. Likewise, employers of commercial establishments governed by the Shops & Establishments Acts and rules framed thereunder will benefit when they opt to have their own service rules. This is not just for compliance with the provisions of the SHWW (P, P & R) Act 2013, which are now reportable for each calendar year, but also because knowledge-sharing aims at co-creating a sense of togetherness, team spirit, commitment, and exercising our will and discretion to obey our laws.

Perpetuating progress, prosperity, profits, and a sense of well-being are, as the Kritarth Team believes, byproducts of a changed perspective, becoming better than before, evolving from good to great, and learning to do the right thing right every time.

Regards, Kritarth Team