Dear Tanay Ojha,
Your Quries: i) How long a company can use model standing orders in absence of its own ., ii) also give information about miscounts done by employee.
Ckarifications Offered by Kritarth Team:
i) As the Nomenclature/ Title/ Heading states, the Model Standing Orders are just a
"Model" for Guidance, Awareness, Acceptance and Ensuing Action for
a) "Defining", "Framing" with sufficient Precision, the Terms and Condtions of Employment applicable to On and All Employees and others present at your Industrial Premises as mentioned in te Factory License. These can be understood also, as "Obligations" on the part of the Employr/Occupier and on te part of th Employed Persons & Others.
b) The Draft Standing Orders Text prepared and proposed by the Employer/Occupier of the ndustrial Establishment/Undertaing) to which the Industrial Employmnt (Standing Orders) Act 1946 applies,
must be submitted, within Six (6) Months from the Date of Commencement of Business, before the Certifying Officer (Labour Commissioner in most cases) after adhereing to the Mandated Procedures, in Five Sets for examination, approval & Certification by the Appointed Certifying Officer after holding Consultaions with the Workrs/ Trade Union as authorized by the Laws.
ii) Any Act "Unworthy of Employment" constitutes an Act of Misconduct as defined by our Supreme Court in 1963, and you please refer to the Acts of Misconduct illustrated in te Model Standing Orders and the aforesaid SC Ruling of 1963.
a) Also incorporate in your Draft Standing Orders that an Act of Subjecting Women to Sexual Harassment at Workplace shall also "constitute an Act of Misconduct" punishable as per the SO (Model orCertfied) as per Section-19 of the SHWW (P,P &R) Act 2013
You May Consult Kritarth Team for Guidance, Help and Assistanc in Matters of Management & Development of Human Resource/Talent
Kritarth Team led by XLRI Alumni & Seasoned HR Professional,
16 January, 2019