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The Industrail Employment (Standing Order) Act 1946 is applicable in every industrial establishment wherein 100 (50 in few states) or more workmen are employed or were employed on any day of the preceding twelve months.
The word industrial establishment has also been defined in the act as :
“industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or
[1][(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;
regards,
Kamal Prasoon
From India, Pune
The word industrial establishment has also been defined in the act as :
“industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or
[1][(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;
regards,
Kamal Prasoon
From India, Pune
Exactly mentioned above by Prasoon it applicable to industries not commerical establishment however in some state like Maharasthra & Gujrat etc Standing order Act is applicable on even commercial establishment.
Where the standing order act in not applicable then the Service Rules has to be prepared and same should be in complaince of all applicable statute.
Where the standing order act in not applicable then the Service Rules has to be prepared and same should be in complaince of all applicable statute.
Standing Orders can be drafted and got certified for any establishment other than a factory. Since Payment of Wages Act is applicable to commercial establishments not engaged in manufacturing the significance of Standing Orders is not restricted only to factory kind of organisation. Moreover, the Standing Orders being an official document defining the employee employer relationship, it can be applied to any kind of establishment wherein employees are hired and employed. Most of the reputed establishments registered under the state's Shops and Commercial Establishments have got their standing orders certified by the competent authority.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
I agree with Mr. Madhu. Though not mandatory but establishments other than industrial units should have certified standing order as it helps in resolving employer-employee disputes. regards, Kamal
From India, Pune
From India, Pune
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