Dear all, I am working in an e-commerce company in andhra pradesh and having 150 employees. ours is private limited company.
Is INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT applicable for our organization?
From India, undefined
5Is INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT applicable for our organization?
From India, undefined
Dear Satishchandra123,
In the State of Andhra Pradesh, wef. 5th July 1999, the IE(SO) Act is applicable to those Establishments/ Factories wherein 50 or more workmen are employed on any day of the preceding 12 months.
From India, Mumbai
In the State of Andhra Pradesh, wef. 5th July 1999, the IE(SO) Act is applicable to those Establishments/ Factories wherein 50 or more workmen are employed on any day of the preceding 12 months.
From India, Mumbai
In my understanding, the Industrial Employment (Standing Orders) Act 1946 apply to Industrail Establishments (Factories and Manufacturing Activities. For Non-Manufacturing Activities, the Shops & Establishment Acts & Rules of the respective State/Province apply.
I shall be thanful for authentic Clarifications.
Harsh K Sharan,
Kritarth Team,
4.6.2020
From India, Delhi
I shall be thanful for authentic Clarifications.
Harsh K Sharan,
Kritarth Team,
4.6.2020
From India, Delhi
Industrial Employment (Standing Orders) Act, 1946
I am reproducing below the definition of "Employer" and "Industrial Establishment) under
Section 2(d) and 2(e) of the said Act, to have a better understanding and trust this answers your query.
"
d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes—
(i) in a factory, any person named under 10 [clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) “industrial establishment” means—
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
11 [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;"
From India, Aizawl
I am reproducing below the definition of "Employer" and "Industrial Establishment) under
Section 2(d) and 2(e) of the said Act, to have a better understanding and trust this answers your query.
"
d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes—
(i) in a factory, any person named under 10 [clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) “industrial establishment” means—
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
11 [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;"
From India, Aizawl
Process of Certification of Standing Orders
Once you decide to have company's own Standing Orders, the same need to be certified by the competent authority (Deputy Labour Commissioner, Labour Deptt, State Govt). Eligibility criteria for CSO is that the company must have minimum 50 workmen on its rolls (in some States, 100 workmen is necessary).
Process : - You need to prepare DSO (Draft Standing Orders) and submit to Labour Deptt (DLC - Dy Labour Commissioner)., in five copies (5 copies) After perusal of the same, and after clarifying with clauses in DSO with the management of Company, DLC send a copy of the DSO to the Union representative(s) in the company, for their perusal and for inviting objections, if any. In the absence of Union representatives, DLC can send DSO copy to the workers' representative(s), as intimated by the Management of the Company. After receiving clearance from Union representative(s)/workers representative(s), DLC certifies one copy of the DSO and the same becomes Certified Standing Orders, - which DLC sends to the company. Company may file this copy after a photo copy of the CSO to be exhibited in the Notice board of the factory.
Above procedure is adopted in getting CSO for an industrial unit having 50/100 workmen on its roll.
As yours is a travellers company, why do you want CSO.
If your staff strength is less than 50(100) , you can go for Model Standing Orders stipulated by State Government.
From India, Aizawl
Once you decide to have company's own Standing Orders, the same need to be certified by the competent authority (Deputy Labour Commissioner, Labour Deptt, State Govt). Eligibility criteria for CSO is that the company must have minimum 50 workmen on its rolls (in some States, 100 workmen is necessary).
Process : - You need to prepare DSO (Draft Standing Orders) and submit to Labour Deptt (DLC - Dy Labour Commissioner)., in five copies (5 copies) After perusal of the same, and after clarifying with clauses in DSO with the management of Company, DLC send a copy of the DSO to the Union representative(s) in the company, for their perusal and for inviting objections, if any. In the absence of Union representatives, DLC can send DSO copy to the workers' representative(s), as intimated by the Management of the Company. After receiving clearance from Union representative(s)/workers representative(s), DLC certifies one copy of the DSO and the same becomes Certified Standing Orders, - which DLC sends to the company. Company may file this copy after a photo copy of the CSO to be exhibited in the Notice board of the factory.
Above procedure is adopted in getting CSO for an industrial unit having 50/100 workmen on its roll.
As yours is a travellers company, why do you want CSO.
If your staff strength is less than 50(100) , you can go for Model Standing Orders stipulated by State Government.
From India, Aizawl
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Industrial Employment Standing Oder Act.doc