:?:Recently, due to some strategic reason, we have to change our company's name.
Accordingly, we have to change our standing order's name in line with the company's name.
What is right procedure to change without any interference of unio / workmen.
Regards,
R.K.Dixit
From India, New Delhi
1Accordingly, we have to change our standing order's name in line with the company's name.
What is right procedure to change without any interference of unio / workmen.
Regards,
R.K.Dixit
From India, New Delhi
Change of name of the company itself demands 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 change of company name and then initiate amendment of standing orders.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
The company name has been changed long back, in view of that union is not willing to accept the old standing order and creating problem at the time of taking legal action to the workmen. At present an IR dispute case is pending against union with Industrial Tribunal.
Under the circumstances , please guide us whether the old standing order is valid or not.
Regards,
R.K.Dixit
From India, New Delhi
Under the circumstances , please guide us whether the old standing order is valid or not.
Regards,
R.K.Dixit
From India, New Delhi
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
Regards,
Madhu.T.K
From India, Kannur
We have changed the name of the company only. No amendment was made after changing the company's name in line with standing order. Still, standing order is in old company's name. The old one was made with the consultation with the employees and union.
Regards,
R.K.Dixit
From India, New Delhi
Regards,
R.K.Dixit
From India, New Delhi
In our Industry Trade Union consisting permanent worker of the Industry, but from last two months contract worker, claiming them self in the same union based on the majority having same name and Registration number , as per by laws of the union only permanent employee can be member of the said union ,but in past ( 07 years back ) contract worker was member of the said union Management enters into wage settlement time to time with the permanent worker Presently, both are given information to the registrar Trade Union ,to enroll their name in register 02, in the mean time permanent worker gen secty has complained before labour commissioner regarding misuse of letter head and name of the trade unioun ,but could not received any reply from them Contract worker are organizing meeting and disturbing breach of peace ,pressurizing management for their recognition under the above facts what should be our action to resolve this issue
Regards
Ranjan Kumar Dixit
Jharkhand
From India, New Delhi
Regards
Ranjan Kumar Dixit
Jharkhand
From India, New Delhi
Dear Ranjan kumar,
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 any time in respect of the matters enumerated in the schedule u/s 10 of the Standing Orders Act,1946.But, the only important condition is a period of 6 months should hve been 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 relating 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 the objection, if any likely to be raised by the workmen or union. Second, any action taken under the provisions of the existing Standing Orders can not be questioned because of the name-change of the Company for no change has taken place in the employer or employees or certified service conditions. Because of a cosmetic change, the certified Standing Orders will not become functous officio.
From India, Salem
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 any time in respect of the matters enumerated in the schedule u/s 10 of the Standing Orders Act,1946.But, the only important condition is a period of 6 months should hve been 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 relating 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 the objection, if any likely to be raised by the workmen or union. Second, any action taken under the provisions of the existing Standing Orders can not be questioned because of the name-change of the Company for no change has taken place in the employer or employees or certified service conditions. Because of a cosmetic change, the certified Standing Orders will not become functous officio.
From India, Salem
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PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc