Dear Friends,
we are a manufacturing unit having manpower of 70. should i get the standing orders approved from the Labour department.
i got information that for standing orders approval the minimum manpower should be 100.....
required suggestions from seniors...
regards
Vijay
From India, Chennai
6we are a manufacturing unit having manpower of 70. should i get the standing orders approved from the Labour department.
i got information that for standing orders approval the minimum manpower should be 100.....
required suggestions from seniors...
regards
Vijay
From India, Chennai
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
From India, Bangalore
Dear Rajeev, request you to send the notification of the same so that i will prepare the standing orders and get the approval from DCL. Regards Vijay
From India, Chennai
From India, Chennai
There is no rule or act to the effect that any industry should have a certified standing orders. In any industry/ factory where there are no standing orders the Industrial Employment (Standing Orders) Act, 1946 will automatically apply. In order to get a standing order certified you need the support of the workers or the union. Section 5 of the above act reads thus
5. Certification of standing orders.--(1) On receipt of the draft under Section3, 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, if any, of the workmen or where there is no trade
union, to the workmen in such manner as may be prescribed, together with a notice in
the prescribed form requiring objections, if any, which the workmen may desire to make
to the draft standing orders to be submitted to him within fifteen days from the receipt of
the notice.
(2) After giving the employer and the trade union or such other representatives of the
workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall
decide whether or not any modification of or addition to the draft submitted by the
employer is necessary to render the draft standing orders certifiable under this Act, and
shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after
making any modifications there in which his order under sub-section (2) may require, and
shall within seven days thereafter send copies of the certified standing orders
authenticated in the prescribed manner and of his order under sub-section (2) to the
employer and to the trade union or other prescribed representatives of the workmen.
So when you go for certification if you think that the workers or worker representatives will not object to it you may go ahead. Otherwise the model standing orders will automatically apply. You need not try to appease the workers. Further this act contains all the procedures, misconducts and punishments.
From India, Madras
5. Certification of standing orders.--(1) On receipt of the draft under Section3, 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, if any, of the workmen or where there is no trade
union, to the workmen in such manner as may be prescribed, together with a notice in
the prescribed form requiring objections, if any, which the workmen may desire to make
to the draft standing orders to be submitted to him within fifteen days from the receipt of
the notice.
(2) After giving the employer and the trade union or such other representatives of the
workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall
decide whether or not any modification of or addition to the draft submitted by the
employer is necessary to render the draft standing orders certifiable under this Act, and
shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after
making any modifications there in which his order under sub-section (2) may require, and
shall within seven days thereafter send copies of the certified standing orders
authenticated in the prescribed manner and of his order under sub-section (2) to the
employer and to the trade union or other prescribed representatives of the workmen.
So when you go for certification if you think that the workers or worker representatives will not object to it you may go ahead. Otherwise the model standing orders will automatically apply. You need not try to appease the workers. Further this act contains all the procedures, misconducts and punishments.
From India, Madras
Please look at the standing orders act, especially the misconducts appearing under the model standing orders. By thumb rule you may find them adequate since you are in a factory; but if you feel that you need to add to / modify some of them, then you can go for certification of the standing orders suitable for your factory.
Shrikant Prabhudesai
From India, Mumbai
Shrikant Prabhudesai
From India, Mumbai
It is not manpower strength that is the criteria for application of standing orders Act.Relevant aspect is whether the industrial establishment has 50 or 100(depending on the State) 'workmen'.
09961266966
From India, Thiruvananthapuram
09961266966
From India, Thiruvananthapuram
Dear Mr. Vijay,
Mr.Fredric Castro has clearly and well explained your query and I also suggest that you can go as per his advice and thanks to Mr. Castro.
With you all the best
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Mr.Fredric Castro has clearly and well explained your query and I also suggest that you can go as per his advice and thanks to Mr. Castro.
With you all the best
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
The first para of Mr Castro is not fully correct.
There is' Industrial Employment( standing orders) Act 1946, to the effect that any industrial establishment having employed 50/100 workmen shall have standing orders.With in 6 months the employer shall submit the draft SO to the Certifying Officer.The support of union is not required.Even if they object, the CO can certify the SO if it is meeting the conditions laid in sec 4 of the Act.Th other condition is that if there is a union it/workers rep should be given an opportunity of being heard as per sec 5 and the relevant state rules.The consent of union is not required.Till the SO is certified the model standing orders under the relevant rules will automatically apply.
9961266966
From India, Thiruvananthapuram
There is' Industrial Employment( standing orders) Act 1946, to the effect that any industrial establishment having employed 50/100 workmen shall have standing orders.With in 6 months the employer shall submit the draft SO to the Certifying Officer.The support of union is not required.Even if they object, the CO can certify the SO if it is meeting the conditions laid in sec 4 of the Act.Th other condition is that if there is a union it/workers rep should be given an opportunity of being heard as per sec 5 and the relevant state rules.The consent of union is not required.Till the SO is certified the model standing orders under the relevant rules will automatically apply.
9961266966
From India, Thiruvananthapuram
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