Dear Sir,
I am working in the steel industry as Manager HR and have joined this company just one year back. With a lot of follow-up, I succeeded in obtaining certified company standing orders from the labor commissioner, pending for the last five years for certification. However, the same have not been fully cleared by the labor commissioner since union representatives are arguing that standing orders are also applicable to some contract employees working under a contractor in our company. I argued that these standing orders are applicable only to permanent employees of the company and not to contract laborers. Union representatives are also arguing that some contract employees working in the plant in the manufacturing process are to be converted into permanent employees.
We would like to get certified standing orders. Please advise whether we can continue without certified standing orders only on Model standing orders forever.
Thank you.
From India, Pune
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1I am working in the steel industry as Manager HR and have joined this company just one year back. With a lot of follow-up, I succeeded in obtaining certified company standing orders from the labor commissioner, pending for the last five years for certification. However, the same have not been fully cleared by the labor commissioner since union representatives are arguing that standing orders are also applicable to some contract employees working under a contractor in our company. I argued that these standing orders are applicable only to permanent employees of the company and not to contract laborers. Union representatives are also arguing that some contract employees working in the plant in the manufacturing process are to be converted into permanent employees.
We would like to get certified standing orders. Please advise whether we can continue without certified standing orders only on Model standing orders forever.
Thank you.
From India, Pune
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Dear Sir,
1. Contact the DLC of your area and brief him on the seriousness of the situation. He may guide you.
2. A contract or casual employee cannot be converted to a permanent employee. Care should be taken to give a break to contract employees every 6 or 7 months and then start their contract again afresh.
3. Standing orders also apply to trainees, apprentices, and casual laborers. Standing orders do not specify that any casual laborer should be converted to a permanent employee. Check with your DLC for the certified standing orders of your company.
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1. Contact the DLC of your area and brief him on the seriousness of the situation. He may guide you.
2. A contract or casual employee cannot be converted to a permanent employee. Care should be taken to give a break to contract employees every 6 or 7 months and then start their contract again afresh.
3. Standing orders also apply to trainees, apprentices, and casual laborers. Standing orders do not specify that any casual laborer should be converted to a permanent employee. Check with your DLC for the certified standing orders of your company.
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Dear,
You have received certification of the standing orders of your company's employees. If you refer to the applicability clause, it clearly states that it is applicable to certain company employees. Therefore, it is not applicable to contractor employees as they are not your employees. If they are not under your control, how can you enforce your standing orders on them?
Moreover, if they are not your employees, why are you required to hire them on a permanent basis?
Please review the above corrections and let me know if you need any further assistance.
From India, Delhi
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You have received certification of the standing orders of your company's employees. If you refer to the applicability clause, it clearly states that it is applicable to certain company employees. Therefore, it is not applicable to contractor employees as they are not your employees. If they are not under your control, how can you enforce your standing orders on them?
Moreover, if they are not your employees, why are you required to hire them on a permanent basis?
Please review the above corrections and let me know if you need any further assistance.
From India, Delhi
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The Certified Company Standing Orders Act 1946.pdf
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