A Note on Standing Orders

A Note on Standing Orders

Question 1 - What is Standing Order ? 

Answer - Standing Orders expresses the laws which administer the connection between the business and a laborer in a modern foundation with incorporates the components, for example, grouping of laborers, working hours, participation, suspension, end and so forth.

“an instruction or prescribed procedure in force permanently or until changed or cancelled”

- Merriam-Webster Dictionary 

If I have to define it, shall like to express it as -

"set of models with reference to the conditions of employment, with shared consent from the business owner or employer and the labour or a social occasion of delegates or a specialist's organization said as Trade Union, appropriately approved by the reasonable government subject to pre-embraced authorizations to keep up mechanical industrial harmony & understanding"

Question 2 - Why industries need Standing Order?

Answer - the ascent of Trade Unionism brought forth aggregate dealing and labour began to raise their requests and set forward their complaints and worries through worker's guilds. Under Section 26 of Bombay Industrial Disputes Act 1938 was the primary appropriate administrative arrangement which constrained the business to fix up the states of work. 

After Sixth Labor Conference held in October 1944, it was chosen to join the arrangements identified with standing request through one separate enactment and along these lines on 23rd April 1946 a focal enactment in particular The Industrial Employment (Standing Orders) Act, 1946 (Hereafter alluded as Standing Order Act) happened.

• To provide regular standing orders for workers, factories, and working relationship.
• To ensure that the employee recognises the terms and conditions of the employees and thus to minimise exploitation of the workers.
• To promote industrial peace and harmony by supporting fair industrial practices.

Question 3- How to obtained Standing Order?

Answer - It is required for each business secured under the Industrial Employment (Standing Orders) Act needs to get standing requests ensured by submitting five draft duplicates of the standing requests to the guaranteeing official, for example, labour commissioner or a regional labour commissioner and furthermore incorporates some other official delegated to play out the elements of affirming official.

The particular information which is generally provided in the standing orders include:

• Workmen classification into categories such as permanent, temporary, on probation, etc.
• Method of informing the workmen about working hours, holidays, etc.
• Shift working.
• Temporary stoppages of work.
• Provisions concerning the termination of employment and the notice period.
• Actions/inactions which are treated as misconduct and the consequences for the fault.
• Grievance redressal mechanism in case of unjust or unfair treatment by the employer.
• Attendance marking system for workers.
• Employment termination and the notice thereof to be provided by both employer and the workers.
• Procedure for availing leave and encashment, accumulation of leaves.
• Workmen records and information, etc.

Question - What is Temporary Standing Orders?

Answer-  Temporary Standing Orders is Model Standing Orders apply to an industrial establishment from the time the IESO Act becomes applicable to such establishment till the time the standing orders of the establishment are finally certified.

Question - What are the various steps involved for Certification of Standing Orders? 

Answer - The process for certification of standing orders are determined beneath: 

Step 1:- Preparation of Draft Standing Order in line with companies - HR Policy

Step 2: On receipt of the draft standing orders, the certifying officer shall forward a copy to the trade union together with a notice in Form-11 where there is a trade union functioning in the industry.

Step3: - In case of no such trade union, the Certifying Officer will hold election of three representatives by the workmen from among themselves or authorize any officer in working to hold such election, and then a copy of the notice in Form-II can be forwarded. 

Step 4: Certifying Officer after hearing make necessary modification in the draft standing order, if required, and certify the same and within seven days. 

Step 5:- The copies of the standing order authenticated by Certifying Officer shall reach/sent to :-

• the employer and
•  the trade union or 
• the prescribed representatives of the workmen

Step 5:  Appeal in Form-IV - Any employer, workmen, trade union or other specified representatives of any workman aggrieved by the order of the Certifying Officer within thirty days from the date on which copies of the certified standing orders are sent need to be submitted as a Memorandum of Appeal setting out the grounds of appeal in Form-IV in quadruplicate intrigue to the Appellate Authority. 

Step 6: The Appellate Authority can continue in the wake of giving the litigant a chance of being heard will pass last request on the intrigue appeal, and his choices will be made last.

Step 7 - Received Certified Standing Order 

Question - How mush Time it takes for Processing?

Answer - Standing orders certified and their authenticated reports are forwarded to employers and workers within thirty days from the date of application submitted to the certifying officer.

Question - How is Penalty design? 

Answer - The provision of Penalty is exhibit below as per Section 13(1) & (2) of Industrial Employment and Standing Orders Act, 1946:- 

•  If an employer defaults to submit draft standing orders or modifies his standing orders, then the concerned officer may impose a penalty which will be above Rs 5,000 (five thousand), and in the case of a continuation of offence may impose a fine which will be above Rs 200 (two hundred) for every day till the offence continues.
• If the establishment does any act in violation of the standing orders after getting certified under this Act, then the employer will be punishable with the penalty of which will be more than Rs 100 (One hundred), and in the case of a continuation of offence may impose a fine of Rs 25 (twenty five) for every day till the offence continues.