Hi, I have recently joined a company in Karnataka as an HR manager. My doubt is regarding the standing order. Much before the union formation, the company had a standing order certified by the authority. In that document, only the Labour Dept seal and sign are available (no union concurrence, as the union did not exist at that time). My doubt is as follows:
- Since this does not have union concurrence, is it valid? Though the Labour Dept. says it is valid because you have certified the same. As long as the Management/union did not ask for an amendment with the concerned authority, it is still valid. Only when both sides request an amendment does it need to be amended.
- Recently, when we took disciplinary action based on the standing order, the union objected, stating that the standing order does not have their concurrence and is not valid.
- We do not want to take this up with the authority to amend at this juncture as we intended to do so during MOS/LTS.
Looking forward to expert opinion.
From India, Bangalore
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4- Since this does not have union concurrence, is it valid? Though the Labour Dept. says it is valid because you have certified the same. As long as the Management/union did not ask for an amendment with the concerned authority, it is still valid. Only when both sides request an amendment does it need to be amended.
- Recently, when we took disciplinary action based on the standing order, the union objected, stating that the standing order does not have their concurrence and is not valid.
- We do not want to take this up with the authority to amend at this juncture as we intended to do so during MOS/LTS.
Looking forward to expert opinion.
From India, Bangalore
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Certified Standing Orders are lawful, valid orders which apply to the establishment irrespective of any office-bearers of any unions stand. Certified Standing Orders may be amended need-based, not on the whims and fancies of either the employer or the employees or their representative union. Your employer (punishing authority) has legal locus standi to proceed with disciplinary action in accordance with existing certified standing orders, and the employer's prerogative is non-negotiable.
Please, as an HR functionary, you may, in consultations with your employer, explain to the union's office bearers the provisions of the Industrial Employment (Standing Orders) Act 1946 with relevant amendments thereto.
Kritarth Team of IR Consultants
Bengaluru
29 Nov 2019
From India, Delhi
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Please, as an HR functionary, you may, in consultations with your employer, explain to the union's office bearers the provisions of the Industrial Employment (Standing Orders) Act 1946 with relevant amendments thereto.
Kritarth Team of IR Consultants
Bengaluru
29 Nov 2019
From India, Delhi
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Dear Shaju,
Simply put, Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, is a document of statutory force precisely setting down the conditions of employment in an industrial establishment. Once certified, it is fully valid until it is amended partially or replaced by a freshly certified one. A trade union coming into existence or any employee joining later after its certification cannot raise any plea against such orders on the ground of non-consultation. If they have any objection about any clause of the already certified Standing Orders, they are entitled to initiate a suitable amendment process. Certification of amendments depends upon many factors like a change in circumstances, modifications necessitated by statutory amendments to existing provisions of applicable labor laws, and the like. Therefore, either the employer or the employees, or both can apply for an amendment. Till such time, already certified standing orders will apply.
From India, Salem
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Simply put, Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, is a document of statutory force precisely setting down the conditions of employment in an industrial establishment. Once certified, it is fully valid until it is amended partially or replaced by a freshly certified one. A trade union coming into existence or any employee joining later after its certification cannot raise any plea against such orders on the ground of non-consultation. If they have any objection about any clause of the already certified Standing Orders, they are entitled to initiate a suitable amendment process. Certification of amendments depends upon many factors like a change in circumstances, modifications necessitated by statutory amendments to existing provisions of applicable labor laws, and the like. Therefore, either the employer or the employees, or both can apply for an amendment. Till such time, already certified standing orders will apply.
From India, Salem
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Thanks to Mr.Umakanthan Sir & Kritarth Team for giving clear understanding we will move forward accordingly
From India, Bangalore
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From India, Bangalore
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Certified SO is valid until any changes made by both parties. Check the applicable coloum of the SO and Appointment order the of employees.
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The standing order certified by the authority shall remain valid until any amendment is proposed to the certifying authority. As per Section 10, Sub-section 1 of the Standing Order Act 1946, an approved Standing Order cannot be changed within 6 months of the certification or the last amendment unless both parties, i.e., the employer and workmen or a trade union or other representative body of the workmen, give consent through an agreement to do such an amendment. As mentioned in Subsection 2, the employer, or any workman, or a trade union, or another representative body of the workmen may apply to the certifying officer for an amendment of the pre-certified standing order with a proper application.
The union cannot object to the certified standing orders in force; you should act/punish according to your standing order in force. Let the union challenge the management action before the authority or court of law, that the present Standing Order is an invalid document.
From India, Mumbai
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The union cannot object to the certified standing orders in force; you should act/punish according to your standing order in force. Let the union challenge the management action before the authority or court of law, that the present Standing Order is an invalid document.
From India, Mumbai
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Once an authority certifies it, it shall be valid. The union cannot question its validity with the employer. If the union has any grievance with the certification, they need to approach the certifying authority and not the employer, since the employer also cannot make any changes without approval from the certifying officer.
You can reject the claim of the union on the validity of SOs and proceed as per the procedure laid down in your SOs.
From India, Hyderabad
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You can reject the claim of the union on the validity of SOs and proceed as per the procedure laid down in your SOs.
From India, Hyderabad
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Dear All,
Thank you for providing your valuable comments. I have the following queries:
1. Without the consent of the workers, can standing orders be approved by the Labor Commissioner? Is it valid?
2. Until the standing orders are approved, the Model Standing Orders apply to the company. Therefore, it does not matter if the standing orders are approved or not. You can also take action under the Model Standing Orders if necessary.
Please share your inputs.
Regards,
Arun Chaudhary
From India, New Delhi
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Thank you for providing your valuable comments. I have the following queries:
1. Without the consent of the workers, can standing orders be approved by the Labor Commissioner? Is it valid?
2. Until the standing orders are approved, the Model Standing Orders apply to the company. Therefore, it does not matter if the standing orders are approved or not. You can also take action under the Model Standing Orders if necessary.
Please share your inputs.
Regards,
Arun Chaudhary
From India, New Delhi
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Dear Arun,
The process of certification under the Industrial Employment (Standing Orders) Act, 1946 is essentially a consultative process. Therefore, the Certifying Officer cannot exclude the participation of employees or their trade unions. Upon receiving the draft standing orders, the certifying officer will invite all unions mentioned in the application for discussions. If no union is present, the certifying officer will organize an election. Only the five representatives elected by the employees in such an election will be allowed to participate in the discussions before certification.
YES.
From India, Salem
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The process of certification under the Industrial Employment (Standing Orders) Act, 1946 is essentially a consultative process. Therefore, the Certifying Officer cannot exclude the participation of employees or their trade unions. Upon receiving the draft standing orders, the certifying officer will invite all unions mentioned in the application for discussions. If no union is present, the certifying officer will organize an election. Only the five representatives elected by the employees in such an election will be allowed to participate in the discussions before certification.
YES.
From India, Salem
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The Act laid down a procedure where there is no union, and the certifying officer would follow. If there is no union at the time of certification, it is not valid to nullify certification. Once the certifying officer followed the process and certified it, it cannot be challenged on the grounds of no union consent. Union existence is not a must for S Os certification.
Regarding the second point, if certified standing orders are in place, you need to follow the same. If you do not have certified standing orders, then you can follow model standing orders. Please understand that model standing orders are to provide guidelines and may not cover all your requirements or service conditions.
Hope it is clear.
From India, Hyderabad
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Regarding the second point, if certified standing orders are in place, you need to follow the same. If you do not have certified standing orders, then you can follow model standing orders. Please understand that model standing orders are to provide guidelines and may not cover all your requirements or service conditions.
Hope it is clear.
From India, Hyderabad
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For certification of standing orders, it is not mandatory that there should be a union; any five representatives of workers may also sign the standing order. Once certified by the authority, the standing order is valid until any further amendments are filed by the workers or by the management.
From India, Akha
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From India, Akha
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Dear All Any of you can give clearance about who is the certifying authority for standing order and give me guidance about Standing order
From India, Chennai
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From India, Chennai
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Dear all,
Only five members are required to sign the Standing Orders who are selected by the Labour Inspector through a voting process or with his consultation. No trade union member is required in this regard. If an establishment has more than 100 employees, a certified standing order is mandatory.
Regards,
Sunil
From India, undefined
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Only five members are required to sign the Standing Orders who are selected by the Labour Inspector through a voting process or with his consultation. No trade union member is required in this regard. If an establishment has more than 100 employees, a certified standing order is mandatory.
Regards,
Sunil
From India, undefined
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25.2.2020.
To:
Dear CiteHR Members.
Dear Sir,
Sub: Important HR Systems, Rules, Forms required to run P&A Dept.,.
=======================================
I am giving below a List of 30 Important HR Systems, Rules etc., provided to a Company recently; (MD of the Co. advised to Audit their existing HR Systems and submit Proposals to adopt them to make it a Professionally Managed Organisation). These are now being updated due to many changes, Amendments to Labour Acts, Laws including ESI, PF,MW, Bonus, Gratuity etc., which require HR Mgr. to collect, update and furnish not only employees details but also his wife, children, Parents, Nominee, Aadhar card, Pan card etc., in Statutory Records, Regrs., Returns to FI, DDMS, LI, PFI, ESI, IT,PT, MIS, HRIS etc.,
EVERY Co./ P.E. IS OBLIGED TO COMPLY & ENFORCE Imp. LABOUR ACTS Including M.W.,ESI, PF, Bonus, Gratuity etc. LIKE Paying GST,IT, PT etc. Failure to give ESI,PF etc., leads to violation, prosecution, demoralising empls. who works for the Co., ESI helps empls.+ dependents in Medical emergencies like major operation, delivery cases, accident leave/ SL/ MB leave wages. PF gives loan & Pension after 58 yrs. ( Retired life).
We have PF, ESI, IT Consultants but NO HR Consultant; locally; to guide, advice, train P&A.Mgr/Ofcrs. for Human Resources (employees) who actually toil / work, to run the Company.
Every P&A Mgr. must have all Imp. P&A. Acts, Systems, Rules, Forms to administer P&A. works properly; as P&A Mgr. is answerable to
F.I., L.I., PFI, Pension, ESI, Gratuity, PT, other Govt. Officers, Auditors, HODs, GM/MD, Employees etc., and he has to solve all employees problems; keep Records in Per. Files for future reference DURING THE LIFE OF EMPLOYEES & CO. ITSELF.
I can provide you all Ready-to-use HR Systems, Rules etc., (adopted in many Cos.) with Softcopy & assist you to implement them to improve your P&A Dept. works.
Thanking you & awaiting to hear from you.
With Kind Regards,
C.N. Khan,HR Consultant & Advocate(Ex-AGM-HR&A-35 yrs exp.in HR,IR,LegalAdmn.in7 Mfg.Co.s+ 6 yrs in HR Consulting).
Ph: 9535470460- E-Mailid:
SANDUR – 583 119 - Ballary Dist.,
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu + Hindi & English
( PLEASE CONTACT For H.R., I.R., Labour & Legal problems ):
===========================
LIST OF RULES, FORMS REQUIRED, PROVIDED FOR P&A WORKS.
=================================
(A Co.started in 2012; Printed Appln.Forms & collected from many employees joined from 2012. Many were bachelors; are now married, have children, Many ITI; now Dipl. & Degree-holders. Certificates, Aadhar, Pan Cards etc., not collected; caused problems to enroll for PF,ESI,Bank etc., No proper HR Systems, Rules, No Design, No Grades given; caused grievances, Resign. Attrition. No Personal Files even for Permanent empl. . Hence, MD ordered to conduct Audit of existing HR Systems, Rules etc.,& following HR systems, Rules, Forms were provided):-
1. Company Application / Bio-data Form - 30 points-Old (Now 60+ to cover PF,ESI,IT,PT etc.)
2. Circular to all HODs. to submit Co.Appn.Forms by all employees with Certificates
3. Letter Format for all employees to Submit Co.Appn. + Certificates copy to GM/M.D.
4. Check List for Opening Personal Files for all employees.
5. Interview Assessment & Appl.for Aapptt. by MD-Form with Desgn., Grade & Salary
6. Induction Process Schedule to introduce newly Joined employee to Concerned HODs.
7. Circular to HODs reg. Joining of new empls. with all detls.(Desn.Salary for A/cs. ESI, PF. etc.,
8. Appointment Order – for Below Supervisory employees – Min 15 points.
9. – do - - for Officers & above - 20 points
10. a. Form to draw Advance for Company works
b. Form to help empl. to apply for Loan/advance for personal needs+undertaking for recovery
11. Form to submit expenses incurred for Company works
12. Form to submit T.A. expenses.
13. Travelling Allowance Rules – Simple
14. Indent Form for Vehicles, booking Ticket, Room, Food etc.,
15. OUT PASS Form- Authorisation pass to go out during duty hours
16. OOD Form- Authorisation Form to go out on Company works.
17. G.P to authorise Materials movement from/to Co./Estt. Returnable/Non-Returnable items
18. Leave Card – 1 Card for 1 employee for 1 year - to take Leave & Stop L.Appn.forms
19. Circular to HODs & Notice Board to introduce L.C.system.
20. Leave Register to record Leave availed – Statutory.
21. Leave Rules – including rules for Extra work, Co-off, MB rules- forms
22. Extra work / Co-off Regr. Statutory
23. Co-Off Application Form
24. Standing Orders for Workmen, Code of Conduct for Executives & Service Rules.
25. Absent Intimation Notification Form to initiate disciplinary action for Absenteeism
26. Categorising & Grading of employee from Un-Skilled to M.D.
27. a. Master list of employees – Seniority- wise
. b. – do - - Dept-wise, Design-wise, Category-wise,
28. Resign., Notice period, Acceptance, Charge hand over, Exit Interview, Relieving
29. No Due Certificate to intimate Balance Due of Outgoing employees to recover in F.S.
30. Final Settlement Form showing details of Earnings, Deductions & net payable/recoverable
===========================
From India, Mumbai
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To:
Dear CiteHR Members.
Dear Sir,
Sub: Important HR Systems, Rules, Forms required to run P&A Dept.,.
=======================================
I am giving below a List of 30 Important HR Systems, Rules etc., provided to a Company recently; (MD of the Co. advised to Audit their existing HR Systems and submit Proposals to adopt them to make it a Professionally Managed Organisation). These are now being updated due to many changes, Amendments to Labour Acts, Laws including ESI, PF,MW, Bonus, Gratuity etc., which require HR Mgr. to collect, update and furnish not only employees details but also his wife, children, Parents, Nominee, Aadhar card, Pan card etc., in Statutory Records, Regrs., Returns to FI, DDMS, LI, PFI, ESI, IT,PT, MIS, HRIS etc.,
EVERY Co./ P.E. IS OBLIGED TO COMPLY & ENFORCE Imp. LABOUR ACTS Including M.W.,ESI, PF, Bonus, Gratuity etc. LIKE Paying GST,IT, PT etc. Failure to give ESI,PF etc., leads to violation, prosecution, demoralising empls. who works for the Co., ESI helps empls.+ dependents in Medical emergencies like major operation, delivery cases, accident leave/ SL/ MB leave wages. PF gives loan & Pension after 58 yrs. ( Retired life).
We have PF, ESI, IT Consultants but NO HR Consultant; locally; to guide, advice, train P&A.Mgr/Ofcrs. for Human Resources (employees) who actually toil / work, to run the Company.
Every P&A Mgr. must have all Imp. P&A. Acts, Systems, Rules, Forms to administer P&A. works properly; as P&A Mgr. is answerable to
F.I., L.I., PFI, Pension, ESI, Gratuity, PT, other Govt. Officers, Auditors, HODs, GM/MD, Employees etc., and he has to solve all employees problems; keep Records in Per. Files for future reference DURING THE LIFE OF EMPLOYEES & CO. ITSELF.
I can provide you all Ready-to-use HR Systems, Rules etc., (adopted in many Cos.) with Softcopy & assist you to implement them to improve your P&A Dept. works.
Thanking you & awaiting to hear from you.
With Kind Regards,
C.N. Khan,HR Consultant & Advocate(Ex-AGM-HR&A-35 yrs exp.in HR,IR,LegalAdmn.in7 Mfg.Co.s+ 6 yrs in HR Consulting).
Ph: 9535470460- E-Mailid:
SANDUR – 583 119 - Ballary Dist.,
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu + Hindi & English
( PLEASE CONTACT For H.R., I.R., Labour & Legal problems ):
===========================
LIST OF RULES, FORMS REQUIRED, PROVIDED FOR P&A WORKS.
=================================
(A Co.started in 2012; Printed Appln.Forms & collected from many employees joined from 2012. Many were bachelors; are now married, have children, Many ITI; now Dipl. & Degree-holders. Certificates, Aadhar, Pan Cards etc., not collected; caused problems to enroll for PF,ESI,Bank etc., No proper HR Systems, Rules, No Design, No Grades given; caused grievances, Resign. Attrition. No Personal Files even for Permanent empl. . Hence, MD ordered to conduct Audit of existing HR Systems, Rules etc.,& following HR systems, Rules, Forms were provided):-
1. Company Application / Bio-data Form - 30 points-Old (Now 60+ to cover PF,ESI,IT,PT etc.)
2. Circular to all HODs. to submit Co.Appn.Forms by all employees with Certificates
3. Letter Format for all employees to Submit Co.Appn. + Certificates copy to GM/M.D.
4. Check List for Opening Personal Files for all employees.
5. Interview Assessment & Appl.for Aapptt. by MD-Form with Desgn., Grade & Salary
6. Induction Process Schedule to introduce newly Joined employee to Concerned HODs.
7. Circular to HODs reg. Joining of new empls. with all detls.(Desn.Salary for A/cs. ESI, PF. etc.,
8. Appointment Order – for Below Supervisory employees – Min 15 points.
9. – do - - for Officers & above - 20 points
10. a. Form to draw Advance for Company works
b. Form to help empl. to apply for Loan/advance for personal needs+undertaking for recovery
11. Form to submit expenses incurred for Company works
12. Form to submit T.A. expenses.
13. Travelling Allowance Rules – Simple
14. Indent Form for Vehicles, booking Ticket, Room, Food etc.,
15. OUT PASS Form- Authorisation pass to go out during duty hours
16. OOD Form- Authorisation Form to go out on Company works.
17. G.P to authorise Materials movement from/to Co./Estt. Returnable/Non-Returnable items
18. Leave Card – 1 Card for 1 employee for 1 year - to take Leave & Stop L.Appn.forms
19. Circular to HODs & Notice Board to introduce L.C.system.
20. Leave Register to record Leave availed – Statutory.
21. Leave Rules – including rules for Extra work, Co-off, MB rules- forms
22. Extra work / Co-off Regr. Statutory
23. Co-Off Application Form
24. Standing Orders for Workmen, Code of Conduct for Executives & Service Rules.
25. Absent Intimation Notification Form to initiate disciplinary action for Absenteeism
26. Categorising & Grading of employee from Un-Skilled to M.D.
27. a. Master list of employees – Seniority- wise
. b. – do - - Dept-wise, Design-wise, Category-wise,
28. Resign., Notice period, Acceptance, Charge hand over, Exit Interview, Relieving
29. No Due Certificate to intimate Balance Due of Outgoing employees to recover in F.S.
30. Final Settlement Form showing details of Earnings, Deductions & net payable/recoverable
===========================
From India, Mumbai
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Standing Orders Lilly Fashion.doc