Dear Seniors, Kindly let me know the applicability of the Draft standing order.
If any organization has less than 100 workers, can the factory department send a letter to the establishment to submit a draft standing order ?
Please clear my doubts on the aforesaid subject.
From India, Chennai
1If any organization has less than 100 workers, can the factory department send a letter to the establishment to submit a draft standing order ?
Please clear my doubts on the aforesaid subject.
From India, Chennai
Hi Sompal,
The applicability of draft standing orders varies by states and industry. In general, standing orders are a set of rules and regulations that govern the terms and conditions of employment in an organization. They typically cover issues such as working hours, leave policies, disciplinary procedures, and grievance redressal mechanisms.
In the context of a factory department with less than 100 employees, the applicability of draft standing orders would depend on the specific laws and regulations in the relevant jurisdiction. In some countries, standing orders may only be required for organizations with a certain number of employees, while in others they may be mandatory for all organizations.
If the factory department is required to submit draft standing orders to the establishment, they should follow the relevant legal requirements and procedures for doing so. This may involve consulting with legal experts or labor authorities to ensure that the draft standing orders comply with applicable laws and regulations.
From India, Bangalore
The applicability of draft standing orders varies by states and industry. In general, standing orders are a set of rules and regulations that govern the terms and conditions of employment in an organization. They typically cover issues such as working hours, leave policies, disciplinary procedures, and grievance redressal mechanisms.
In the context of a factory department with less than 100 employees, the applicability of draft standing orders would depend on the specific laws and regulations in the relevant jurisdiction. In some countries, standing orders may only be required for organizations with a certain number of employees, while in others they may be mandatory for all organizations.
If the factory department is required to submit draft standing orders to the establishment, they should follow the relevant legal requirements and procedures for doing so. This may involve consulting with legal experts or labor authorities to ensure that the draft standing orders comply with applicable laws and regulations.
From India, Bangalore
Most of the states have made the applicability of Standing Orders Act to establishments employing 50 workers. Therefore, as soon as the number of workers become 50, the act will apply to the establishment and the Model Standing Orders given in the schedule attached to the Act will be made applicable to it. The same is only a model but you have to draft your own standing orders and get it certified by the appropriate authority in due course.
From India, Kannur
From India, Kannur
Thanks for the suggestion sir,
If I speak little more openly than our industry belongs from the state of Uttarakhand.
Our total workforce are there equal to or less than 50 than we have to go with submit draft standing order to relevant department or will applicable model standing order on us.
From India, Chennai
If I speak little more openly than our industry belongs from the state of Uttarakhand.
Our total workforce are there equal to or less than 50 than we have to go with submit draft standing order to relevant department or will applicable model standing order on us.
From India, Chennai
To be very frank, I would say that this is one of the Labour Acts which remains unenforced. Many establishments, even in the manufacturing sector and those with trade unions, are yet to get their own Standing Orders certified! even PSUs are there without certified Standing Orders.
Therefore, practically, no establishment would go for certification due to two main reasons. Once, if you draft a standing orders, the certifying Officer would require a trade union representative to certify it first as accepted as the service conditions. In the absence of a trade union, he would select a few employees as signatories to standing orders. In many cases, these signatories will then acquire a feeling that they are leaders of the other employees since they are also signatories to the most important document defining the employee employer relationship. This could be avoided if standing order is kept in freezers until the labour enforcing authorities require that standing order should be made and certified. Therefore, I also advise that so long as your number of workmen become 100 you may follow the status quo. Alternatively, you can prepare an Employee Handbook including all the relevant matters for which provisions is required to be made in the standing orders and communicate the employees. This can also be made part of the employee joining document and you can take acknowledgement from the employees as having read, understood and accept the content as applicable to them. This would then become part of employment contract.
From India, Kannur
Therefore, practically, no establishment would go for certification due to two main reasons. Once, if you draft a standing orders, the certifying Officer would require a trade union representative to certify it first as accepted as the service conditions. In the absence of a trade union, he would select a few employees as signatories to standing orders. In many cases, these signatories will then acquire a feeling that they are leaders of the other employees since they are also signatories to the most important document defining the employee employer relationship. This could be avoided if standing order is kept in freezers until the labour enforcing authorities require that standing order should be made and certified. Therefore, I also advise that so long as your number of workmen become 100 you may follow the status quo. Alternatively, you can prepare an Employee Handbook including all the relevant matters for which provisions is required to be made in the standing orders and communicate the employees. This can also be made part of the employee joining document and you can take acknowledgement from the employees as having read, understood and accept the content as applicable to them. This would then become part of employment contract.
From India, Kannur
Yoou may check with Labour department of your State. Some State 50 nos are applicable while in some other States 100 Nos are applicable. If your total workforce is below 50, why do you worry about applicability of CSO. If need be you can make a print out of MSO (Model Standing orders) available in Labour department website of your State and exhibit the same.
From India, Aizawl
From India, Aizawl
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Model standing orders.doc