Recently, due to some strategic reasons, we have to change our company's name. Accordingly, we have to change our standing orders' name in line with the company's name. What is the right procedure to make this change without any interference from the union/workers?
Regards, R.K. Dixit
From India, New Delhi
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1Regards, R.K. Dixit
From India, New Delhi
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Change of name of the company itself demands a change in the standing orders. Standing orders can be amended only with the consent of the trade union. Therefore, it is better to send a communication of the board resolution calling for a change of the company name and then initiate the amendment of standing orders.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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The company name was changed a long time ago. In light of this, the union is unwilling to accept the old standing order, which is causing problems when legal action is taken against the workers. Currently, there is an industrial relations dispute pending against the union with the Industrial Tribunal.
Under the circumstances, please advise us on whether the old standing order is still valid or not.
Regards,
R.K. Dixit
From India, New Delhi
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Under the circumstances, please advise us on whether the old standing order is still valid or not.
Regards,
R.K. Dixit
From India, New Delhi
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From your post, it is not clear whether or not the old standing order was amended in consultation with employees. If the same had taken place, then the new one will prevail, and the old standing order will not have any legal significance.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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We have changed the name of the company only. No amendment was made after changing the company's name in line with the standing order. Still, the standing order is in the old company's name. The old one was made with the consultation of the employees and union.
Regards,
R.K. Dixit
From India, New Delhi
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Regards,
R.K. Dixit
From India, New Delhi
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Dear Ranjan Kumar,
Procedure for Amending Standing Orders After Company Name Change
Your first question is very simple. First, consequent on the name change of the company, you want to carry out that change in the title of the Standing Orders certified already before the name change took place. Well, you could have done it soon after the change. Anyway, better late than never. Standing Orders can be amended anytime in respect of the matters enumerated in the schedule under section 10 of the Standing Orders Act, 1946. However, the only important condition is a period of 6 months should have elapsed either from the initial certification or since the last amendment; otherwise, the consent of the workmen in the form of an agreement is essential.
Since the amendment you propose is related only to the change of title as per the change of name of the establishment and not connected with any other matters already certified, you need not worry about any objections likely to be raised by the workmen or union. Second, any action taken under the provisions of the existing Standing Orders cannot be questioned because of the name change of the company since no change has taken place in the employer, employees, or certified service conditions. Due to a cosmetic change, the certified Standing Orders will not become functus officio.
Regards.
From India, Salem
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Procedure for Amending Standing Orders After Company Name Change
Your first question is very simple. First, consequent on the name change of the company, you want to carry out that change in the title of the Standing Orders certified already before the name change took place. Well, you could have done it soon after the change. Anyway, better late than never. Standing Orders can be amended anytime in respect of the matters enumerated in the schedule under section 10 of the Standing Orders Act, 1946. However, the only important condition is a period of 6 months should have elapsed either from the initial certification or since the last amendment; otherwise, the consent of the workmen in the form of an agreement is essential.
Since the amendment you propose is related only to the change of title as per the change of name of the establishment and not connected with any other matters already certified, you need not worry about any objections likely to be raised by the workmen or union. Second, any action taken under the provisions of the existing Standing Orders cannot be questioned because of the name change of the company since no change has taken place in the employer, employees, or certified service conditions. Due to a cosmetic change, the certified Standing Orders will not become functus officio.
Regards.
From India, Salem
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