We are a manufacturing unit with a workforce of 70. Should I get the standing orders approved by the Labour Department? I have been informed that for standing orders approval, the minimum workforce should be 100. I seek suggestions from seniors.
Regards,
Vijay
From India, Chennai
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6Regards,
Vijay
From India, Chennai
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Dear Vijay , Now minimum manpower limit is 50 earlier it was 100 . So you should get the standing orders certified from DLC . Regards Rajeev Dixit
From India, Bangalore
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From India, Bangalore
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There is no rule or act that mandates any industry to have certified standing orders. In any industry or factory where there are no standing orders, the Industrial Employment (Standing Orders) Act, 1946 will automatically apply. To have standing orders certified, you need the support of the workers or the union.
Section 5 of the Industrial Employment (Standing Orders) Act, 1946
5. Certification of standing orders:
- (1) Upon receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in a manner as prescribed. A notice in the prescribed form will be sent, requiring objections, if any, which the workmen may wish to make to the draft standing orders within fifteen days from the receipt of the notice.
- (2) After granting the employer and the trade union or other representatives of the workmen an opportunity to be heard, the Certifying Officer shall determine whether any modification or addition to the draft submitted by the employer is necessary to make the draft standing orders certifiable under this Act. The Officer will issue a written order accordingly.
- (3) The Certifying Officer shall then certify the draft standing orders, making any required modifications, and send authenticated copies of the certified standing orders and his order to the employer and the trade union or other prescribed representatives of the workmen within seven days.
So, when seeking certification, if you anticipate no objections from the workers or their representatives, you may proceed. Otherwise, the model standing orders will automatically apply, and there is no need to try to appease the workers. Furthermore, this act outlines all the procedures, misconducts, and corresponding punishments.
From India, Madras
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Section 5 of the Industrial Employment (Standing Orders) Act, 1946
5. Certification of standing orders:
- (1) Upon receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in a manner as prescribed. A notice in the prescribed form will be sent, requiring objections, if any, which the workmen may wish to make to the draft standing orders within fifteen days from the receipt of the notice.
- (2) After granting the employer and the trade union or other representatives of the workmen an opportunity to be heard, the Certifying Officer shall determine whether any modification or addition to the draft submitted by the employer is necessary to make the draft standing orders certifiable under this Act. The Officer will issue a written order accordingly.
- (3) The Certifying Officer shall then certify the draft standing orders, making any required modifications, and send authenticated copies of the certified standing orders and his order to the employer and the trade union or other prescribed representatives of the workmen within seven days.
So, when seeking certification, if you anticipate no objections from the workers or their representatives, you may proceed. Otherwise, the model standing orders will automatically apply, and there is no need to try to appease the workers. Furthermore, this act outlines all the procedures, misconducts, and corresponding punishments.
From India, Madras
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Please look at the Standing Orders Act, especially the misconducts appearing under the model standing orders. By rule of thumb, you may find them adequate since you are in a factory. However, if you feel the need to add to or modify some of them, then you can go for certification of the standing orders suitable for your factory.
Regards,
Shrikant Prabhudesai
[Email Removed For Privacy Reasons]
From India, Mumbai
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Regards,
Shrikant Prabhudesai
[Email Removed For Privacy Reasons]
From India, Mumbai
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Standing Orders Lilly Fashion.doc