Dear Friends,
As you are aware, every industry has service rules. The service rules are nothing but the Standing Rules, and the same has to be incorporated along with the Standing Orders. The Standing Orders Act, Schedule I, outlines the Model Standing Orders that will be available in leading bookshops. For taking any disciplinary actions, the concern should follow the Company's Certified Standing Orders by the Local Competent Authority. The general agenda of the Industrial Employment Standing Orders Act is as follows:
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
The Industrial Employment (Standing Orders) Act applies to every industrial establishment where one hundred or more workmen are employed or were employed on any day of the preceding twelve months. It can be extended even to establishments whose employment of labor is less than one hundred, and it does not apply to an industry to which Cl. VII of the Mumbai Industrial Relations Act, 1946 applies or to any industry to which the provisions of the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 apply. In other words, normally the Standing Orders have to be drafted by the employer, and their certification obtained under the Act wherever the establishment employs more than one hundred workmen. In Section 1(3), the certifying authority is Dy. Commissioner of Labor in the respective jurisdiction. The employer should be required to define with sufficient precision the conditions of employment under them and to make such conditions known to workmen employed by them. In case the employer fails to get his standing orders certified, the respective State Model Standing Orders will become applicable. It is advisable that instead of applying for the model standing orders, the employer should get the standing order certified. The standing orders that are certified under Industrial Employment (Standing Orders) Act become part of the statutory terms and conditions of service between the employer and employees.
Any term or condition of service that is contrary to the standing orders, certified under the Industrial Employment (Standing Orders) Act, 1964, if incorporated in the letter of appointment, cannot be implemented or acted upon. If the standing orders make it obligatory to hold an inquiry into an act of misconduct before dispensing with the services of the delinquent employee, then such a provision cannot be circumvented by resorting to the terms in the appointment letter providing removal without an inquiry.
A DRAFT MODEL STANDING ORDERS IS ATTACHED WITH THIS. IT MAY HELP EVERYONE. PLEASE GO THROUGH.
Please note that where the Certified Standing Orders are not in place, the Model Standing Orders of the respective state will be followed until certification.
Regards,
:) PBS KUMAR
From India, Kakinada
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592As you are aware, every industry has service rules. The service rules are nothing but the Standing Rules, and the same has to be incorporated along with the Standing Orders. The Standing Orders Act, Schedule I, outlines the Model Standing Orders that will be available in leading bookshops. For taking any disciplinary actions, the concern should follow the Company's Certified Standing Orders by the Local Competent Authority. The general agenda of the Industrial Employment Standing Orders Act is as follows:
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
The Industrial Employment (Standing Orders) Act applies to every industrial establishment where one hundred or more workmen are employed or were employed on any day of the preceding twelve months. It can be extended even to establishments whose employment of labor is less than one hundred, and it does not apply to an industry to which Cl. VII of the Mumbai Industrial Relations Act, 1946 applies or to any industry to which the provisions of the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 apply. In other words, normally the Standing Orders have to be drafted by the employer, and their certification obtained under the Act wherever the establishment employs more than one hundred workmen. In Section 1(3), the certifying authority is Dy. Commissioner of Labor in the respective jurisdiction. The employer should be required to define with sufficient precision the conditions of employment under them and to make such conditions known to workmen employed by them. In case the employer fails to get his standing orders certified, the respective State Model Standing Orders will become applicable. It is advisable that instead of applying for the model standing orders, the employer should get the standing order certified. The standing orders that are certified under Industrial Employment (Standing Orders) Act become part of the statutory terms and conditions of service between the employer and employees.
Any term or condition of service that is contrary to the standing orders, certified under the Industrial Employment (Standing Orders) Act, 1964, if incorporated in the letter of appointment, cannot be implemented or acted upon. If the standing orders make it obligatory to hold an inquiry into an act of misconduct before dispensing with the services of the delinquent employee, then such a provision cannot be circumvented by resorting to the terms in the appointment letter providing removal without an inquiry.
A DRAFT MODEL STANDING ORDERS IS ATTACHED WITH THIS. IT MAY HELP EVERYONE. PLEASE GO THROUGH.
Please note that where the Certified Standing Orders are not in place, the Model Standing Orders of the respective state will be followed until certification.
Regards,
:) PBS KUMAR
From India, Kakinada
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Model Standing Orders Do we need to get it certified from the Auth. Please advise. Viswanath
From India, Surat
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From India, Surat
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Dear friends, great job. Thank you very much for the Standing Order. Do we need to add the "Sexual Harassment at Workplace" clause or not? If anyone has the latest Standing Order that includes the above, please forward it to me at the email address kanoon.niraj@gmail.com. Thanks once again.
From India, Bhopal
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From India, Bhopal
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Thank you so much, sir, for this useful posting. One clarification: is it applicable to a hotel that is covered under the Shops and Establishment Act? If yes, when is it applicable (from the day of registration of the hotel under the Shops & Establishment Act)?
From India, Mumbai
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From India, Mumbai
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I think you have written a book in Disciplinary action. What about the details of the Book ?
From India, Madras
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From India, Madras
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Hello , I shall be highly obliged if you please send a draft Industrial employment ( Standing orders ) Act 1946 for the Contractor employer In a Alluminium factory WodeyarMH
From India, Mangaluru
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From India, Mangaluru
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Dear sir, This really helps it lot and very useful...But whether we may use or incorporate in State of Maharashtra ? Manoj 09422721403
From India, Pune
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From India, Pune
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dear pbs kumar, it is really helpful & learning experience for hr people who wants to grow in the organistaion as part of IR & valuable inputs from expert people like u related to IR matters.
From India, Vijayawada
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From India, Vijayawada
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Is the Casual Leave Mandatory under TN Model Standing Order?
To my understanding, as per the Factories Act, only 1 Earned Leave (EL) at 20 days is applicable, and not the Casual Leave.
Under what circumstances will the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 be made applicable to an Industry employing less than 100? What procedures are generally followed, and which Government authority enforces this application?
From India, Madras
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To my understanding, as per the Factories Act, only 1 Earned Leave (EL) at 20 days is applicable, and not the Casual Leave.
Under what circumstances will the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 be made applicable to an Industry employing less than 100? What procedures are generally followed, and which Government authority enforces this application?
From India, Madras
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Dear Member,
You are correct in stating that only earned leaves are granted under the Factories Act, 1948 and not any other kind of leaves. Chapter VIII deals with annual leave with wages.
According to section 1(3) of The Industrial Employment (S.O.) Act, 1946, the appropriate Government can apply this Act to the industrial establishment, with the provisions of this Act applying to such number of persons less than 100 as specified in the notification. Under this Act, no special circumstances need to be shown by the Government for the issuance of such notification.
Regards,
R.N. Khola
1) Is the Casual Leave Mandatory under TN Model Standing Order?
2) To my understanding, as per the Factories Act, only 1 EL @ 20 days is applicable and not Casual Leave.
3) Under what circumstances will the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 be made applicable to an Industry employing less than 100? What procedures are generally followed, and which Government authority enforces this application?
From India, Delhi
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You are correct in stating that only earned leaves are granted under the Factories Act, 1948 and not any other kind of leaves. Chapter VIII deals with annual leave with wages.
According to section 1(3) of The Industrial Employment (S.O.) Act, 1946, the appropriate Government can apply this Act to the industrial establishment, with the provisions of this Act applying to such number of persons less than 100 as specified in the notification. Under this Act, no special circumstances need to be shown by the Government for the issuance of such notification.
Regards,
R.N. Khola
1) Is the Casual Leave Mandatory under TN Model Standing Order?
2) To my understanding, as per the Factories Act, only 1 EL @ 20 days is applicable and not Casual Leave.
3) Under what circumstances will the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 be made applicable to an Industry employing less than 100? What procedures are generally followed, and which Government authority enforces this application?
From India, Delhi
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Dear Member,
A person working in the capacity of a workman, as defined under Section 2(s) of the Industrial Disputes Act, 1947, is covered under The Industrial Employment (Standing Orders) Act, 1946. Therefore, it does not include individuals employed mainly in a managerial or administrative capacity.
Regards,
R.N. Khola
From India, Delhi
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A person working in the capacity of a workman, as defined under Section 2(s) of the Industrial Disputes Act, 1947, is covered under The Industrial Employment (Standing Orders) Act, 1946. Therefore, it does not include individuals employed mainly in a managerial or administrative capacity.
Regards,
R.N. Khola
From India, Delhi
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Dear Sir, Kindly let me know whether service rule for employees linked to model standing orders. Regards Shrikrish
From India, Mumbai
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From India, Mumbai
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Dear Shrikrish ji,
The Standing Orders or Service Rules are mandatory for organizations; these should be certified by the Labour department in the respective areas. Where the certified Standing Orders are not in process, in the meantime, the Model Standing Orders of the respective state should be observed. Regarding the Service Rules for Employees, these rules may be incorporated in the Letter Of Appointment.
Regards,
PBS KUMAR
From India, Kakinada
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The Standing Orders or Service Rules are mandatory for organizations; these should be certified by the Labour department in the respective areas. Where the certified Standing Orders are not in process, in the meantime, the Model Standing Orders of the respective state should be observed. Regarding the Service Rules for Employees, these rules may be incorporated in the Letter Of Appointment.
Regards,
PBS KUMAR
From India, Kakinada
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Dear Nagendra ji, Your query is very old to which answer is as under: If your Hotel has less than 100 employees ( in Maharashtra & Karnataka less than 50) then only this Act is applicable to you.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Kumar,
Can you please send me the Modal Standing Orders for the state of Kerala? What is the basic difference in the modal standing orders for different states? Your urgent help will be highly appreciated. Looking forward to your response.
From India, Mumbai
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Can you please send me the Modal Standing Orders for the state of Kerala? What is the basic difference in the modal standing orders for different states? Your urgent help will be highly appreciated. Looking forward to your response.
From India, Mumbai
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Industrial Employment Standing Orders Act 1946.pdf