Nationwide Company Without Certified Model Standing Order: Which Rules Apply?

Sir,

I wish to ask, if there is no certified model standing order in the company, then which standing order is applicable to its employees - state/central? The company is operating nationwide.

Thank you.

Applicability of Standing Orders in India

Standing Orders - IE(SO) Act 1946 is a Central Law. This Act is applicable to the whole of India except Madhya Pradesh (MP) and where the BIR Act 1946 is in place. In MP, there is an enactment of the State of MP, namely, the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961.

Powers are conferred by section 15 read with clause (b) of section 2 of the said Act, 1946, to make rules under this Act upon the appropriate Government. Accordingly, to my knowledge, almost all the State Governments have made their own rules.

Your company is working all over India, as you said. Therefore, the respective rules as framed by the respective State will be applicable to you.

Central rules are applicable to all Union territories and to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine, or oil field.

Regards

Dear colleagues,

Understanding Certified Standing Orders

The State Government is the appropriate authority to enforce the application and administration of standing orders. Nowadays, even with a workforce of 10, 50, or 100 employees, some State Government bodies have made it mandatory that Certified Standing Orders are required. It is essential to understand that every establishment must have its own Certified Standing Order based on the number of workers. Model standing orders can usually be permitted for up to 6 months only. After this period, you must prepare your own certified Standing Order following the guidelines outlined in the Model Standing Orders.

Creating a Certified Standing Order

When creating the actual Standing Order for certification, it is crucial to have practical experience in handling employee relations issues and the general affairs of employees' service rules. Simply copying and pasting provisions from the Model Standing Orders and having them certified is not recommended. We are experts in this field, and you can seek our support on a payment basis if needed.

Regards,
RDS Yadav

Labour Law Adviser
Director - Future Institute of Engineering and Management Technology
Email: [Email Removed For Privacy Reasons]

Sir,

I am in U.P. and the company is in Gujarat. According to the rules, which state's Model Standing Orders shall be applicable - Gujarat or U.P.? Please clarify so that I can respond to the management and state labor authorities accordingly at the earliest.