How Can Our New Factory in Maharashtra Get Certified Standing Orders? Seeking Expert Advice

Ours is a newly set up factory with about 50 workmen. So far, no union has been formed. Your expert suggestion is requested on what the prerequisites are to get the Standing Orders certified so that we can have the Certified Standing Order. Our management is eager to proceed with this. The factory is located in Maharashtra.

Thank you,
Rajan

Dear Rajan,

As prerequisites for Standing Order Certification, you will have to clearly define the following:

1. Classification of workmen, whether permanent, temporary, apprentices, probationers, or badlis.

2. Methods of informing the workmen about work periods and hours, holidays, paydays, and wage rates.

3. Shift working

4. Attendance and tardiness

5. Procedures for applying for leaves and holidays, including the authority granting them.

6. Requirement to enter premises through specific gates and liability to search.

7. Closing and reopening of sections of the industrial establishment, temporary work stoppages, and the rights and liabilities of both the employer and workmen arising from these actions.

8. Termination of employment and the notice to be provided by both the employer and workmen.

9. Suspension or dismissal for misconduct and actions or omissions constituting misconduct.

10. Remedies available to workmen against unfair treatment or wrongful actions by the employer, agents, or servants.

I hope this information proves beneficial to you.

Regards,

Shijit.

Standing orders, once certified, are very difficult to change. Therefore, they go through a very rigorous process at the beginning. This is the most appropriate stage for your company to start that work. When you have more than 50 "workmen," you will need certified standing orders, and while the certification process is pending, you may use the Model Standing Orders.

Therefore, follow these steps as part of your process:
1. Go through the Model Standing Orders carefully, clause by clause. Consult at various levels within the company to get buy-in for the changes you wish to incorporate.
2. Refer to Certified Standing Orders of reputable companies; there will be a wealth of information that you can use in drafting your own model standing orders.
3. Remember, certified standing orders or Model Standing Orders are meant to protect the interests of the employees. Therefore, the draft you produce should not have clauses that are patently one-sided or prejudicial to the interests of the workmen. These will be deleted or modified at the certification stage. Be reasonable. Incorporate all the legal benefits due to "workmen," such as quantum of leave, timings, and other aspects mentioned by Mr. Shijit in his list.
4. Once the draft is prepared, consult a labor consultant to enhance your draft. You may also seek the assistance of retired personnel from the Labor department, such as a retired DCL or experienced personnel, who can provide valuable insights into what will get certified and what will not.
5. Form a committee of 5 to 7 workmen and explain and train them about the draft of standing orders that will be submitted for certification. A union per se is not necessary.
6. Keep the time-frame reasonable. Aim to complete all these activities within the next 6-9 months. If you are fortunate, you may finish the process within 6 months.
7. Do not include anything unfair or patently illegal in your draft. These will not be included in the certification. Do not overlook misconducts arising from technological advancements, such as the use of cell phones, while at work.
8. Include correct procedures for attendance monitoring and factor in the introduction of improved attendance recording systems in the future.
9. Before certification, the Certifying officer will interview and check with your workmen. Facilitate this interaction. If your employees are well-informed, you need not worry. Communication and transparency are key to a successful certification process.
10. For further doubts, you may contact EIRVALSA.