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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4From 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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