Can we apply standing order in my factory with 40 employees?

Dear All, As per the act standing order is applicable on 100 and above employee strength but in our factory strength is 40 so we can apply standing order in my factory please suggest?
Thanks,
Rajesh kumar

Dear Jaatraja,
Even if there is no certified standing orders general guidelines are given in local Model Standing orders which can be followed or else you can have a consolidated HR process manual covering all aspects which is applicable to your factory.

As correctly stated, as per Section 1(3) of the Industrial Employment (Standing Orders) Act 1946, it applies to every industrial establishment with 100 or more workmen. But the proviso to it adds to it and extends it further as may be seen below:
(3) It applies to every industrial establishment wherein one hundred or more
workmen are employed, or were employed on any day of the preceding twelve months:
Provided that the appropriate Government may, after giving not less than two
months’ notice of its intention so to do, by notification in the Official Gazette, apply the
provisions of this Act to any industrial establishment employing such number of number
of persons less than one hundred as may be specified in the notification :
So you can approach the State Government for certification of your Standing Orders by relaxing the employee limit criteria.
Incidentally if the unit is in MP, then MP Industrial Employment (S.O.) Act 1961 applies and you are eligible to get it certified. The applicable provision reads as under
SECTION 02: APPLICATION OF THE ACT
(1) This Act shall apply to -
(a) every undertaking wherein the number of employees on any day during the twelve months preceding or on the day this Act comes into force or on any day thereafter was or is more than twenty;

As KKHR said, some State Govts. extended the application by notification to industrial establsihments employing 50 or more workmen as in the case of Maharashtra.So check with your State's notification.
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai

Dear colleague,
I would suggest to frame Service Rules on the lines of Model Standing Orders, instead of going through the rigmarole of making the Act applicable.
Regards
Vinayak Nagarkar
HR-Consultant

Dear Friend,
Industrial employment standing orders Act makes mandatory application for a factory/establishment employing 100 or more employees but it does not stop any establishment employing less than that.
As advised above, you can opt provisions of model standing orders in company policy manual or rules manual and follow the same. You can customise as per your requirement also.
Warm Regards
Bharat Gera
HR Consultant
9322404765