Are Standing Orders Required for Software Companies Under the Bombay Shops Act?

Applicability of Standing Orders Under the Bombay Shops and Establishments Act, 1948

In terms of the Bombay Shops and Establishments Act, 1948, are standing orders applicable to establishments having a minimum of 50 (and 100) employees? Please explain if standing orders are applicable to a software company. What are the necessary permissions required in this context? (Assuming more than 50 employees)

If there is any notification exempting the applicability available, please provide the same.

Your prompt reply will be appreciated. Thanks in advance.

Regards,

Applicability of the Industrial Establishments (Standing Orders) Act

The Industrial Establishments (Standing Orders) Act is applicable to all commercial establishments in Maharashtra to which the Payment of Wages Act applies, provided the number of employees is not less than 50. The IT industry, being a commercial establishment registered under the Shops and Commercial Establishments Act, will also come under the Payment of Wages Act. Therefore, you are covered by the provisions of the Standing Orders Act as well.

Regards,
Madhu.T.K

Process for Certifying Standing Orders

Draft standing orders and submit 5 copies to the concerned officer, who may be the Deputy Labour Commissioner or Commissioner, to get them certified. If you have trade unions, they will also be part of the process. If you do not have any union, you have to select a few representative employees who will sign the standing orders as accepted. This process will be initiated by the Labour department official.

Regards,
Madhu.T.K