Dear All,
Is there any definition of Standing Orders & Service Rule.
we can use both for employees or It is restricted that Standing Order under act 1946 used for Workmen & Service Rule used for Staff.
Pls. help me out.
From India, Delhi
11Is there any definition of Standing Orders & Service Rule.
we can use both for employees or It is restricted that Standing Order under act 1946 used for Workmen & Service Rule used for Staff.
Pls. help me out.
From India, Delhi
Dear Anu,
Before giving response to your query please let us know that how many workmen are working in your unit as per the definition of workman given under the Industrial Disputes Act,1947 & whether you are covered under the definition of the Industrial Establishment as per the definition given in the Industrial Employment (S.O) Act,1946. Whether your unit is covered under Factories Act or Punjab Shops Act, 1958 & if covered under shops Act then state the nature of work which is being carried on in the unit.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Before giving response to your query please let us know that how many workmen are working in your unit as per the definition of workman given under the Industrial Disputes Act,1947 & whether you are covered under the definition of the Industrial Establishment as per the definition given in the Industrial Employment (S.O) Act,1946. Whether your unit is covered under Factories Act or Punjab Shops Act, 1958 & if covered under shops Act then state the nature of work which is being carried on in the unit.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Sir,
Our Casual employee (Workers) strength around 250 (variable) & around 47 workers on company roll. I am in corporate hence, we required to formulate the service rule.
I have done this, but my senior said both serive rule & standing order are same.
It's like this, pls. suggest me.
From India, Delhi
Our Casual employee (Workers) strength around 250 (variable) & around 47 workers on company roll. I am in corporate hence, we required to formulate the service rule.
I have done this, but my senior said both serive rule & standing order are same.
It's like this, pls. suggest me.
From India, Delhi
DearAnu
You must be knowing that Model standing Orders are provided under the Industrial Employment ( Standing Orders) Punjab Rules, 1949 which are made applicable to the workmen( workman under ID Act,1947) employed in the Industrial Employment which is defined under the I E (SO) Act,1946. If yours is an only office which is covered under the Punjab Shops Act, 1958 then this Act is not applicable as establishment without any manufacturing process are not covered under this Act & in that case you are to prepare Service Rules for all the employees & workers of your own keeping in view the different labour laws in consideration and these Rules of the unit should not be contrary to the laws applicable to the establishment.
On the other hand if your unit is covered under the I E (SO) Act, 1946 then you are to got your Standing Orders certified from the Certifying Officer declared under the Act for those workmen who are covered under the definition of the workman. You are to prepare the Draft Standing Orders on the lines of the Model Standing Orders provided under the Punjab Rules keeping the nature of your establishment & are to be sent to the Certifying Officer of the area for certification. In this case you are to prepare Service Rules for those employees who are not covered under the preview of this Act i.e. I E (SO) Act, 1946 to streamline the terms & conditions of service for these employees & officers. It is also made clear that no statute ask you to make these service Rules but without these how we can regulate the conditions of employment. This is because of this we prepare service Rules for the establishment.
Opinion submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
You must be knowing that Model standing Orders are provided under the Industrial Employment ( Standing Orders) Punjab Rules, 1949 which are made applicable to the workmen( workman under ID Act,1947) employed in the Industrial Employment which is defined under the I E (SO) Act,1946. If yours is an only office which is covered under the Punjab Shops Act, 1958 then this Act is not applicable as establishment without any manufacturing process are not covered under this Act & in that case you are to prepare Service Rules for all the employees & workers of your own keeping in view the different labour laws in consideration and these Rules of the unit should not be contrary to the laws applicable to the establishment.
On the other hand if your unit is covered under the I E (SO) Act, 1946 then you are to got your Standing Orders certified from the Certifying Officer declared under the Act for those workmen who are covered under the definition of the workman. You are to prepare the Draft Standing Orders on the lines of the Model Standing Orders provided under the Punjab Rules keeping the nature of your establishment & are to be sent to the Certifying Officer of the area for certification. In this case you are to prepare Service Rules for those employees who are not covered under the preview of this Act i.e. I E (SO) Act, 1946 to streamline the terms & conditions of service for these employees & officers. It is also made clear that no statute ask you to make these service Rules but without these how we can regulate the conditions of employment. This is because of this we prepare service Rules for the establishment.
Opinion submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
YES.
Also, there must be already existing Standing Orders, since you are a limited firm in manufacturing of sugar and production of power. Kindly study your organization processes, practices and office files.
From India, Delhi
Also, there must be already existing Standing Orders, since you are a limited firm in manufacturing of sugar and production of power. Kindly study your organization processes, practices and office files.
From India, Delhi
Dear All. The scope and applicability of Standing Orders and Service Rules are different. The Standing Orders have statutory force and since you are covered under the Industrial employment Standing Orders Act, 1946 (100 0r more workmen employed on any day), it is either the Model SO provided therein or your certified SO which will be applicable on the workmen category. Staff, if it is used for white collar workers, would also come within the ambit of workmen and are covered under the IE (SO) Act. The service Rules are company framed rules broadly conforming to the principles of Natural Justice and is applicable on those whom the SO is not applicable. Hence the two mutually exclusive. Unlike SO, the Service Rules have no force of Law.
Hope the above clarifies KK Nair
Hope the above clarifies KK Nair
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