Dear all,
I am working in an e-commerce company in Andhra Pradesh with 150 employees. Ours is a private limited company.
Is the Industrial Employment (Standing Orders) Act applicable to our organization?
From India, Hyderabad
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5I am working in an e-commerce company in Andhra Pradesh with 150 employees. Ours is a private limited company.
Is the Industrial Employment (Standing Orders) Act applicable to our organization?
From India, Hyderabad
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Dear Satishchandra123,
In the state of Andhra Pradesh, effective from 5th July 1999, the IE(SO) Act is applicable to establishments or factories where 50 or more workmen are employed on any day of the preceding 12 months.
From India, Mumbai
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In the state of Andhra Pradesh, effective from 5th July 1999, the IE(SO) Act is applicable to establishments or factories where 50 or more workmen are employed on any day of the preceding 12 months.
From India, Mumbai
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In my understanding, the Industrial Employment (Standing Orders) Act 1946 applies to Industrial Establishments (Factories and Manufacturing Activities). For Non-Manufacturing Activities, the Shops & Establishment Acts and Rules of the respective State/Province apply.
I shall be thankful for authentic clarifications.
Harsh K Sharan,
Kritarth Team,
4.6.2020
From India, Delhi
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I shall be thankful for authentic clarifications.
Harsh K Sharan,
Kritarth Team,
4.6.2020
From India, Delhi
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Industrial Employment (Standing Orders) Act, 1946
I am reproducing below the definition of "Employer" and "Industrial Establishment) under
Section 2(d) and 2(e) of the said Act, to have a better understanding and trust this answers your query.
"
d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes—
(i) in a factory, any person named under 10 [clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) “industrial establishment” means—
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
11 [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;"
From India, Aizawl
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I am reproducing below the definition of "Employer" and "Industrial Establishment) under
Section 2(d) and 2(e) of the said Act, to have a better understanding and trust this answers your query.
"
d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes—
(i) in a factory, any person named under 10 [clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) “industrial establishment” means—
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
11 [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;"
From India, Aizawl
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can you any suggestion for standing order apply or approval
From India, Erode
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From India, Erode
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Process of Certification of Standing Orders
Once you decide to have the company's own Standing Orders, the same need to be certified by the competent authority (Deputy Labour Commissioner, Labour Dept., State Govt). The eligibility criteria for CSO is that the company must have a minimum of 50 workmen on its rolls (in some States, 100 workmen are necessary).
Process: You need to prepare DSO (Draft Standing Orders) and submit to the Labour Dept. (DLC - Dy Labour Commissioner), in five copies (5 copies). After perusal of the same, and after clarifying the clauses in DSO with the management of the Company, DLC sends a copy of the DSO to the Union representative(s) in the company, for their perusal and for inviting objections, if any. In the absence of Union representatives, DLC can send a DSO copy to the workers' representative(s), as intimated by the Management of the Company. After receiving clearance from Union representative(s)/workers' representative(s), DLC certifies one copy of the DSO and the same becomes Certified Standing Orders, which DLC sends to the company. The company may file this copy after a photocopy of the CSO to be exhibited on the Notice board of the factory.
The above procedure is adopted in getting CSO for an industrial unit having 50/100 workmen on its roll.
Since yours is a travelers' company, why do you want CSO?
If your staff strength is less than 50 (100), you can go for Model Standing Orders stipulated by the State Government.
From India, Aizawl
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Once you decide to have the company's own Standing Orders, the same need to be certified by the competent authority (Deputy Labour Commissioner, Labour Dept., State Govt). The eligibility criteria for CSO is that the company must have a minimum of 50 workmen on its rolls (in some States, 100 workmen are necessary).
Process: You need to prepare DSO (Draft Standing Orders) and submit to the Labour Dept. (DLC - Dy Labour Commissioner), in five copies (5 copies). After perusal of the same, and after clarifying the clauses in DSO with the management of the Company, DLC sends a copy of the DSO to the Union representative(s) in the company, for their perusal and for inviting objections, if any. In the absence of Union representatives, DLC can send a DSO copy to the workers' representative(s), as intimated by the Management of the Company. After receiving clearance from Union representative(s)/workers' representative(s), DLC certifies one copy of the DSO and the same becomes Certified Standing Orders, which DLC sends to the company. The company may file this copy after a photocopy of the CSO to be exhibited on the Notice board of the factory.
The above procedure is adopted in getting CSO for an industrial unit having 50/100 workmen on its roll.
Since yours is a travelers' company, why do you want CSO?
If your staff strength is less than 50 (100), you can go for Model Standing Orders stipulated by the State Government.
From India, Aizawl
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Industrial Employment Standing Orders Act 1946.pdf