Dear colleagues,
If the Standing Orders Act becomes applicable to an establishment and the establishment wants to follow the model standing orders rather than to have certified standing orders, what procedure does it have to follow?
My query is that in case an establishment wants to go for model standing orders, is the application of it by default, or does it have to write to the certifying officer communicating its intention to adopt model standing order in compliance with Section 3 of the IESO Act 1946.
Regards, Dr. Kamlesh Agrawal
From India, Delhi
18If the Standing Orders Act becomes applicable to an establishment and the establishment wants to follow the model standing orders rather than to have certified standing orders, what procedure does it have to follow?
My query is that in case an establishment wants to go for model standing orders, is the application of it by default, or does it have to write to the certifying officer communicating its intention to adopt model standing order in compliance with Section 3 of the IESO Act 1946.
Regards, Dr. Kamlesh Agrawal
From India, Delhi
Dear Colleague,
There is no option to adopt Model Standing Orders. When an establishment is covered under the provisions of IESO Act, it is mandatory to have Certified Standing Orders for that specific establishment. In the meantime, from the date the Act becomes applicable until the standing order is finally certified, the model standing orders are applicable. This is a temporary arrangement only. Please refer to Section 12A of the Act.
Industrial Employment Standing Orders Act 1946: [12-A. Temporary application of model standing orders.--(1) Notwithstanding anything contained in Sections 1 to 12, for the period commencing on the date the Act becomes applicable to an industrial establishment and ending with the date the standing orders are finally certified under this Act and come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed adopted in that establishment. 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 certified.
From India, Chennai
There is no option to adopt Model Standing Orders. When an establishment is covered under the provisions of IESO Act, it is mandatory to have Certified Standing Orders for that specific establishment. In the meantime, from the date the Act becomes applicable until the standing order is finally certified, the model standing orders are applicable. This is a temporary arrangement only. Please refer to Section 12A of the Act.
Industrial Employment Standing Orders Act 1946: [12-A. Temporary application of model standing orders.--(1) Notwithstanding anything contained in Sections 1 to 12, for the period commencing on the date the Act becomes applicable to an industrial establishment and ending with the date the standing orders are finally certified under this Act and come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed adopted in that establishment. 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 certified.
From India, Chennai
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