Confused About Standing Orders vs. Factory Act? Let's Clarify the Differences Together

Understanding the Difference Between Standing Orders and the Factory Act

I am a little confused about this, so I request you to please tell me the difference.

Dear Constantineofrome, please go through the link given below. I hope that it satisfies your above query.

Standing Orders - Factories Act

Understanding Standing Orders

"Standing Orders" refer to the set of rules and regulations about conditions of service such as recruitment, classification of employees, leave and holidays, enumeration of certain acts of omissions and commissions as misconducts on the part of employees, procedures for disciplinary action, punishments to be awarded, discharge, termination of employment, etc., to be certified under the Industrial Employment (Standing Orders) Act, 1946 in respect of the industrial establishments to which the Act is applicable. A factory (as defined under Section 2m of the Factories Act, 1948) is also an industrial establishment covered under the Act.

Appreciating the views of Shri Umakant, I would like to further enable the member seeking the difference between SO and FA.

Objective of Standing Orders (SO)

The objective of SO is to ensure that the employer has precise service conditions for the services of employees employed by them. SO provides detailed operational-level rules, procedures, and guidelines for the unambiguous management of an establishment. They mainly cover the probation period, identity badge/card or pass, entry, exit & search, publication of holidays, pay-days & other information, payment of wages, shift working and closure, stoppage of work, attendance and late coming, leave, absence without prior permission or in excess of the period of leave, employment injury, misconduct, punishment of misconduct, procedure for dealing with cases of misconduct, authority to inflict punishment, fines, etc.

Factory Act (FA) Overview

FA defines the Factory and covers all such establishments to ensure safe and healthy working conditions and provides safeguards against the exploitation of workmen by extending working hours, making it mandatory to provide basic welfare amenities like drinking water, urinals, washrooms, restrooms, canteens, medical aids, etc.

The Factories Act prescribes mandatory provisions to be implemented, maintained, and returns thereof to be filed. They are related to working hours, leave, welfare, health, age, safety, competent authorities, etc.

Standing Orders cannot have any provisions in contravention of the Factories Act. The Factories Act is the pedestal law among all Industrial Laws.