Industrial Standing Orders 1946 - do we need to submit it to regional Labour office of the state?

Dear Sir,

I wanted to know about the Industrial Standing Order 1946. Does it require a separate form, and do we need to submit it to the regional Labour Office of the state?

Hi Jagannath,

What I understand is that you want to frame standing orders under the Industrial Employment (Standing Orders) Act, 1946. The Act has a Schedule which spells out the matters/subjects of employment. Under the Act, the appropriate government - whether central or state government - frames the rules for industrial establishments falling under their respective control. These rules have schedules that provide for model standing orders. These model standing orders are nothing but rules or service conditions in respect of the matters specified in the Schedule to the Act. For example, the schedule contains a matter on 'attendance and late coming'. The model standing orders describe in detail about the 'attendance and late coming'. As an establishment, you have to frame your standing orders on the lines of these model standing orders and submit them for certification. Thus, the model standing orders serve as a format as the very name suggests it.

B. Saikumar

HR & Labour Law Consultant

Chipinbiz Consultancy Pvt. Ltd

Mumbai

Tel: 022-28324234 / Mob: 09930532927

Thank you, Sir, for elaborating on Standing Order 1946. I also wanted to know how to establish the works committee and safety committees in the factory and what the benefits of both committees are.

Regards,
Jaganath H. L.

Hi Jagannath,

Every state frames its own rules under the Factories Act 1948 with regard to the constitution of Safety Committees. For example, as per Maharashtra Rules, a factory employing 250 or more workers or which carries on any process or operation declared to be dangerous under Sec.87 of the Factories Act 1948 and employs more than 50 workers or which carries a hazardous process as defined under Sec. 2(cb) of the Factories Act 1948 and employs more than 50 workers shall constitute a safety committee, consisting of the representatives of the management and workers. Therefore, you need to refer to the Factory Rules of your state (in which the factory is located).

A Safety Committee will assist the management in achieving the aims of the Health and Safety policy, creating safety awareness, dealing with all matters concerning health and safety, and providing solutions to related problems.

As far as the workers' committee is concerned, the State Government may pass an order directing an industrial establishment (which includes factories) or class of establishments employing one hundred or more workmen to constitute a workers' committee under Sec. 3 of the Industrial Disputes Act 1947. The State Government concerned will frame rules as to how the workers' committee will have to be constituted. You need to verify whether any such order has been passed by your state government and then refer to your state rules about the procedure to constitute the committee.

The objective of the workers' committee is to promote harmony and good relations between the employer and the workmen. The management can seek its suggestions in framing various policies concerning the interests of the workmen.

Trust this will give you a broad idea to launch yourself on the specifics as per your state rules.

B. Saikumar

HR & Labor Law Consultant

Chipinbiz Consultancy Pvt. Ltd

Mumbai

Mob: 09930532927

Subject: Submission of Draft Industrial Standing Orders

Sir,

In the Industrial Standing Orders Act, model standing orders are also available in the book. You have to frame as per the model contents according to your company's requirements.

You can also collect copies from similar companies to frame the Standing Orders. Reference copies are also available in the office of the Standing Orders Certification Officer (usually the Dy. Commissioner of Labour) in your company's region.

D. Gurumurthy
LL. HR & IR Consultant.

Dear Sir,

Please clarify whether the Industrial Employment (Standing Orders) Act-1946 and the Bonus Act-1965 are applicable to the Medical Teaching College & Hospital in Andhra Pradesh.

With regards,

General Manager-HR

PESIMSR, Kuppam, A.P

Dear sir,

I want freedom of association, which is mentioned in the standing orders, urgently.

Nagaraja R.
HR Executive