As per the provisions of law or according to case laws, if in case there is a conflict between 'Certified Standing orders' and 'Model Standing orders, what will prevail ?
From India
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From India
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We are in the process of applying for certified standing orders, but are doubtful regarding some provisions. If we make a drastic change in the provisions of the Model Standing Orders and if they are certified, will they prevail in the future in case of conflict.
From India
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From India
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Dear colleague,
The certifying officer under the Act will not permit any provisions in the draft of SOs for certification that are contrary to the MSO/law and have no acceptable justification. Besides, union/workmen representatives will also oppose them.
Unless you have sound, logical, and legal justification for the proposed changes, the same will not pass the muster.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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660The certifying officer under the Act will not permit any provisions in the draft of SOs for certification that are contrary to the MSO/law and have no acceptable justification. Besides, union/workmen representatives will also oppose them.
Unless you have sound, logical, and legal justification for the proposed changes, the same will not pass the muster.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Dear Narendra,
I am not able to understand the hypothetical situation described by you.
Model Standing Orders are there only to be taken as a guideline when the employer drafts his Standing Orders and submits the same for certification. While framing the DSO, it is not necessary that it shall be a mere replica of the MSO.
There can be variations in certain conditions depending on the particular industrial requirements. If it is objected to by the workmen/trade union participating in the certification process, the certifying officer will decide the issue based on the points of justification advanced on either side.
If any particular clause of the DSO is against the provisions of any law, principles of natural justice, or empowering the employer with arbitrary powers, the C.O will not certify it.
Even in the future, any clause of the certified S.O becomes inconsistent with subsequent amendments if any carried out to any law applicable to the industrial establishment, such a clause, though certified earlier, will not have operation to the extent of inconsistency.
If any subsequent amendments create any special rights, obligations, benefits, etc., they can be added to the S.O by means of the amendment process. Even a single workman can move an amendment.
From India, Salem
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I am not able to understand the hypothetical situation described by you.
Model Standing Orders are there only to be taken as a guideline when the employer drafts his Standing Orders and submits the same for certification. While framing the DSO, it is not necessary that it shall be a mere replica of the MSO.
There can be variations in certain conditions depending on the particular industrial requirements. If it is objected to by the workmen/trade union participating in the certification process, the certifying officer will decide the issue based on the points of justification advanced on either side.
If any particular clause of the DSO is against the provisions of any law, principles of natural justice, or empowering the employer with arbitrary powers, the C.O will not certify it.
Even in the future, any clause of the certified S.O becomes inconsistent with subsequent amendments if any carried out to any law applicable to the industrial establishment, such a clause, though certified earlier, will not have operation to the extent of inconsistency.
If any subsequent amendments create any special rights, obligations, benefits, etc., they can be added to the S.O by means of the amendment process. Even a single workman can move an amendment.
From India, Salem
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