I need the views of the forum. If in a company there is no trade union (in IT companies), is there is a need to put in place Standing Orders..
From India, Madras
From India, Madras
1. There is no need to have Union to get Standing Orders certified. however you need elected representatives of employees to sign.
2. Law requires that every establishment engaging more than stipulated number of employees must get their standing orders certified within stipulated time.
3. However, the Act also says that in the absence of Certified Standing Orders, Model Standing Order is applicable
In The Indian iron and steel Co Ltd vs. The ninth Industrial Tribunal (1977 LIC 607), Calcutta High Court has held that “if the Standing orders of the establishment expressly relate only to one class of workers, the model standing orders must necessarily be attracted in so far as the other workers are concerned for whom there no other standing orders in the said establishment until draft standing orders for such workers are submitted and certified.”
Section 12 A of The Industrial Employment Standing Orders Act reads:
“Notwithstanding anything contained in Section 3 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 are 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 …”
Hence it is settled law that Model Standing Orders are applicable to establishments where Standing Orders have not been certified.
Small companies and IT organisations can have Model Standing Orders and avoid a certification process.
From India, Chennai
3682. Law requires that every establishment engaging more than stipulated number of employees must get their standing orders certified within stipulated time.
3. However, the Act also says that in the absence of Certified Standing Orders, Model Standing Order is applicable
In The Indian iron and steel Co Ltd vs. The ninth Industrial Tribunal (1977 LIC 607), Calcutta High Court has held that “if the Standing orders of the establishment expressly relate only to one class of workers, the model standing orders must necessarily be attracted in so far as the other workers are concerned for whom there no other standing orders in the said establishment until draft standing orders for such workers are submitted and certified.”
Section 12 A of The Industrial Employment Standing Orders Act reads:
“Notwithstanding anything contained in Section 3 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 are 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 …”
Hence it is settled law that Model Standing Orders are applicable to establishments where Standing Orders have not been certified.
Small companies and IT organisations can have Model Standing Orders and avoid a certification process.
From India, Chennai
Mr.Sivasankaran, Whatever you said is correct here I could interpret this
As per the Industrial SO Act 1946 says that where the no of workmen is 100 or more are employed in any day of the preceeding 12 months then the act applies.
You can elect the workers representatives for obtain the sign in SO.
If not sufficient workmen is not morethan 100 then Model SO is applicable.
Once the act applies then the employer has to submit the draft SO to the certifying officer within the period of 6month from the act commencement date. need to submit 5 copies of SO.
Regards,
Sakthi Suku
From India, Mumbai
As per the Industrial SO Act 1946 says that where the no of workmen is 100 or more are employed in any day of the preceeding 12 months then the act applies.
You can elect the workers representatives for obtain the sign in SO.
If not sufficient workmen is not morethan 100 then Model SO is applicable.
Once the act applies then the employer has to submit the draft SO to the certifying officer within the period of 6month from the act commencement date. need to submit 5 copies of SO.
Regards,
Sakthi Suku
From India, Mumbai
Sorry, Mr.Sivasankaran, I am not able to accept your final observation " Small and IT Companies can have Model Standing Orders AND avoid a certification process." If so, there is no necessity of employing a rider clause into sec.12 A of the Act. Adoption of the model standing orders during the interregnum does not absolve the employer of his submission of draft standing orders u/s 3 of the Act.
From India, Salem
From India, Salem
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