Dear All,
Please help me with this. We are a news agency that has been in business for the last 30 years. Currently, we do not have a certified standing order; instead, we are using the model standing order. Our head office is located in Delhi, with centers spread throughout the country.
I have a few questions:
1) Can we obtain certification for the model standing order now?
2) What would be the procedure to follow for certification?
3) Which state's model standing order should we apply in the meantime?
I am eagerly awaiting your response.
Thank you.
From India, Mumbai
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Please help me with this. We are a news agency that has been in business for the last 30 years. Currently, we do not have a certified standing order; instead, we are using the model standing order. Our head office is located in Delhi, with centers spread throughout the country.
I have a few questions:
1) Can we obtain certification for the model standing order now?
2) What would be the procedure to follow for certification?
3) Which state's model standing order should we apply in the meantime?
I am eagerly awaiting your response.
Thank you.
From India, Mumbai
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As I understand your requirements, you do not need to get your Standing Orders certified. As long as you are using Model Standing Orders without any changes in its provisions, you do not need to have separate Certified Standing Orders. Certified standing orders may be preferred in case you wish to alter certain conditions (not inconsistent with Model Standing Order provisions) and when you have more than 100 workmen within a particular state.
When your operations are Pan-India, it is better that you use only the Model Standing Orders. There is no need to get the Model Standing Orders certified as it is valid in law, in the absence of your own certified standing orders. In case you need further clarifications, post your queries.
From India, Madras
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7When your operations are Pan-India, it is better that you use only the Model Standing Orders. There is no need to get the Model Standing Orders certified as it is valid in law, in the absence of your own certified standing orders. In case you need further clarifications, post your queries.
From India, Madras
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Hi Valsa,
Model standing orders are guidelines for organizations to formulate their own standing orders. Every organization (as per law) that engages 50 (100 as per the central act) employees needs to have the standing order certified. Additionally, if the organization falls under the governance of the state government, the standing order shall be registered in every jurisdiction. Before getting the standing order certified, please check with the local authority (a friendly contact if possible) to confirm if certification is required, as inspectors are insisting on certifications only for factories.
S.K. Biswal
e-Prompt Management Solutions
From India, Madras
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Model standing orders are guidelines for organizations to formulate their own standing orders. Every organization (as per law) that engages 50 (100 as per the central act) employees needs to have the standing order certified. Additionally, if the organization falls under the governance of the state government, the standing order shall be registered in every jurisdiction. Before getting the standing order certified, please check with the local authority (a friendly contact if possible) to confirm if certification is required, as inspectors are insisting on certifications only for factories.
S.K. Biswal
e-Prompt Management Solutions
From India, Madras
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Thanks for your reply. However, the replies are confusing. The question still persists as to whether we need to certify the standing order. We have more than 100 employees working at two of our centers in Delhi (HO) and Mumbai. Can we continue with the model standing order.
From India, Mumbai
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From India, Mumbai
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Strictly speaking, you have to get the standing orders certified. However, the labor authorities insist on the SO for factory setup. Speak to your local labor officer and take his guidance on whether your SO needs to be certified or not; you don't have to spend on it if they are not going to insist.
Regards,
S K Biswal
e-Prompt Management Solutions
From India, Madras
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Regards,
S K Biswal
e-Prompt Management Solutions
From India, Madras
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Good and interesting challenge. Thanks for stimulating thinking. The act itself is called "Industrial Employment (Standing Orders) Act, 1946" and Section 2(e) read along with Section 2(ii) of the Payment of Wages Act, 1936 refer to only industrial establishments (where 100 or more are employed as per the central act). Therefore, even if you approach the Certifying Authority for certification, they would decline. The critical question, therefore, is whether this News Agency is an industrial establishment or not.
One can also refer to the bare Act, where the object of this act is set out. The applicability reads like this: "It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months." Therefore, in my opinion, as I mentioned earlier, this News Agency does not come within the purview of the Industrial Employment (Standing Orders) Act, 1946. To be on the safe side, you may adopt the Model Standing Orders, which are intrinsically intended to bring about uniform application of a service code for all workmen of a specific class of employment without the hint of discriminatory action. That's the spirit of the act.
If you have a union and the union insists on having an exclusive Certified Standing Orders for your establishment, then you may seek the opinion of the Labour Officer of the appropriate jurisdiction in one of the many states that you may operate and have it on records.
EIRVALSA
From India, Madras
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One can also refer to the bare Act, where the object of this act is set out. The applicability reads like this: "It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months." Therefore, in my opinion, as I mentioned earlier, this News Agency does not come within the purview of the Industrial Employment (Standing Orders) Act, 1946. To be on the safe side, you may adopt the Model Standing Orders, which are intrinsically intended to bring about uniform application of a service code for all workmen of a specific class of employment without the hint of discriminatory action. That's the spirit of the act.
If you have a union and the union insists on having an exclusive Certified Standing Orders for your establishment, then you may seek the opinion of the Labour Officer of the appropriate jurisdiction in one of the many states that you may operate and have it on records.
EIRVALSA
From India, Madras
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Dear all, Can somebody forward me a copy of the model standing orders perrtaining to a news agency.
From India, Mumbai
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From India, Mumbai
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Now, this is the actual point of discussion. What is an "industrial establishment"? Does industry only mean a manufacturing setup? If it does, then Valsa is right; a News Agency is not an Industry. However, Industry actually means business, trade, manufacturing, and anything related to this, like the Hotel industry, Service industry, etc. A News agency does fall under the purview of Industry. Section 14 of the WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITION OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 explains the applicability of Standing orders to the news agency. Regards.
From India, Madras
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From India, Madras
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Chets, there is no model standing order for a separate industry. The model standing order is only a model of terms of employment for you to adopt; it is merely an example. You can adopt it as a whole, or you can frame your own terms of employment and get it certified under your company's name.
Regards
From India, Madras
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Regards
From India, Madras
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Hi all,
A very interesting question and excellent comments by the members. I have worked for a manufacturing company, and we had our ISO certified by the authorities. This was a mandatory requirement. I hope we get some more comments from our seniors so that our doubts get clarified.
Giri
From India, Bangalore
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A very interesting question and excellent comments by the members. I have worked for a manufacturing company, and we had our ISO certified by the authorities. This was a mandatory requirement. I hope we get some more comments from our seniors so that our doubts get clarified.
Giri
From India, Bangalore
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I just got this infor from the citehr now. Hope this attachement will help us to carry forward our query
From India, Bangalore
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From India, Bangalore
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Dear All,
Regarding the applicability and mandatoriness of Certification, please refer to Sec. 3 of IESO Act. Employers should submit the SO; however, in case of non-submission, Sec. 12 applies.
As per Sec. 12-A. Temporary application of model standing orders: (1) Notwithstanding anything contained in Sections 1 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders, as finally certified under this Act, come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of Section 9, sub-section (2) of Section 13, and Section 13-A shall apply to such model standing orders as they apply to the standing orders so certified. (2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
So, regarding Maharashtra, please check the State Rules and provisions of the Bombay Industrial Relations Act, 1946. Regarding the registration/certification of SO, it will be better to get it registered/certified.
Regards, Saquib 09272990869
From India
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Regarding the applicability and mandatoriness of Certification, please refer to Sec. 3 of IESO Act. Employers should submit the SO; however, in case of non-submission, Sec. 12 applies.
As per Sec. 12-A. Temporary application of model standing orders: (1) Notwithstanding anything contained in Sections 1 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders, as finally certified under this Act, come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of Section 9, sub-section (2) of Section 13, and Section 13-A shall apply to such model standing orders as they apply to the standing orders so certified. (2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
So, regarding Maharashtra, please check the State Rules and provisions of the Bombay Industrial Relations Act, 1946. Regarding the registration/certification of SO, it will be better to get it registered/certified.
Regards, Saquib 09272990869
From India
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There is no model standing order specifically for each industry, be it a service industry or a manufacturing industry, and so on. There is one Model Standing Order, and this can be easily accessed and downloaded from the Internet. Try it out, and you will find the experience rewarding. While applying it, you cannot change it to suit your convenience. It has to be applied in letter and spirit as it is. But it is eminently usable as it is.
From India, Madras
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From India, Madras
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Dear Friends,
Whether to get SO certified or not has always been an issue of debate, and different people have different opinions. Firstly, if we just keep the issue of certification aside and think logically, why have concerned authorities put in so much effort in making the act and also including model standing orders in it? If a company does not want any change in the model standing order and wants to follow it as it is, why should they get it certified?
Now, coming to the legal aspects, in Maharashtra and Gujarat, there have been amendments, and after the words "Standing Order," the words "or Model standing orders" together with all amendments have been added. I have written communication from the Assistant Labour Commissioner of Thane district. Please see the attachment. I am not aware of such amendments in other states. If anyone has any further input/information, please share it.
Best Regards,
Shrinkar
From India, Mumbai
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Whether to get SO certified or not has always been an issue of debate, and different people have different opinions. Firstly, if we just keep the issue of certification aside and think logically, why have concerned authorities put in so much effort in making the act and also including model standing orders in it? If a company does not want any change in the model standing order and wants to follow it as it is, why should they get it certified?
Now, coming to the legal aspects, in Maharashtra and Gujarat, there have been amendments, and after the words "Standing Order," the words "or Model standing orders" together with all amendments have been added. I have written communication from the Assistant Labour Commissioner of Thane district. Please see the attachment. I am not aware of such amendments in other states. If anyone has any further input/information, please share it.
Best Regards,
Shrinkar
From India, Mumbai
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Model Standing Orders cannot be applied indefinitely. Its application is intended only as a stop-gap arrangement until the Standing Orders of the establishment are certified. As per Section 3 of the IESO Act, an establishment to which this Act applies is required to submit its draft Standing Orders to the Certification Officer within six months. This Act also defines Industry quite elaborately. According to the definition, an establishment defined as an industrial establishment in clause (ii) of Section 2 of the Payment Of Wages Act shall be an industrial establishment under the IESO Act.
Now, let's take a look at what the POWs Act says:
"Any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette as an industrial establishment."
Therefore, one will have to check with the Labour Department of the particular State to ascertain whether or not a newspaper agency is an industrial establishment in that State/Region.
From India, New Delhi
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Now, let's take a look at what the POWs Act says:
"Any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette as an industrial establishment."
Therefore, one will have to check with the Labour Department of the particular State to ascertain whether or not a newspaper agency is an industrial establishment in that State/Region.
From India, New Delhi
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How many employee required in factory for standing order
From India, undefined
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From India, undefined
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Model standing orders.doc
Industrial Employment Standing Orders Act 1946.pdf