Confused About Which Model Standing Orders Apply to My Job as a Medical Rep in U.P.?

Hello Mr. Madhu, please clarify my doubts regarding the subject of my job as a medical representative working in U.P. My company, based in Bangalore, Karnataka, has around 1,200 sales promotion employees working across all cities in India, with my headquarters being in Lucknow, U.P. Although my employer has no certified standing orders, despite having over 1,200 employees nationwide, in U.P., the establishment only has 10 employees.

Clarification on Model Standing Orders

Can you please clarify whether the U.P. model standing orders or Karnataka model standing orders would prevail in this situation? In U.P., the standing orders are applicable when there are 20 or more employees. I have raised this dispute with labor authorities, advocating for the enforcement of U.P. model standing orders due to the lack of certified standing orders by the employer, while the company is resisting this.

Thank you.

Regards, Mahi

Response to Query

In this scenario, the applicability of model standing orders can be a critical issue, especially when the number of employees varies across different states in India. Here's a practical breakdown of the situation:

1. Legal Perspective: According to the Industrial Employment (Standing Orders) Act, 1946, establishments with a certain number of employees are required to have certified standing orders that regulate various aspects of employment. Different states in India may have their own rules regarding the minimum number of employees for standing orders to be applicable.

2. Relevance to Your Situation:
- Since your company has around 1200 sales promotion employees nationwide but only 10 employees in the U.P. establishment, the question arises as to whether the U.P. model standing orders or Karnataka model standing orders would apply.
- In U.P., where the establishment has 10 employees, the standing orders are generally applicable when the number of employees reaches 20.

3. Resolution Process:
- Your approach to raising this issue with labor authorities is appropriate, as it seeks clarity on which set of standing orders should be followed in your case.
- It is essential to provide documentation and evidence supporting your argument for the enforcement of U.P. model standing orders in the absence of certified standing orders by the employer.

4. Potential Outcomes:
- The labor authorities will likely review the specifics of your case, considering factors such as the number of employees per location and the legal requirements of each state.
- The decision may rest on whether the U.P. establishment is considered a separate entity or part of the larger organization for the purpose of standing orders.

5. Final Steps:
- Continue engaging with the labor authorities and provide any additional information or documentation required to support your plea for the enforcement of U.P. model standing orders.
- Be prepared to abide by the decision made by the authorities, which will clarify the standing orders applicable to your situation.

By following these steps and presenting a clear case for the enforcement of U.P. model standing orders, you can navigate this situation effectively and ensure compliance with relevant labor laws.