Dear Members,
Can the order of a certifying authority of Standing Orders be challenged? When the organization wants to run in a particular style for the benefit of the employees or business, can the certifying authority reject or amend the standing order stating it is not there in the Model Standing Order. Is it compulsory to reproduce the Model Standing Order? When both the parties (Management & Union) have agreed to the terms and conditions mentioned in the draft standing order, can they alter/reject the points mentioned in the standing orders? How can it be challenged?
Regards,
From India, undefined
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Can the order of a certifying authority of Standing Orders be challenged? When the organization wants to run in a particular style for the benefit of the employees or business, can the certifying authority reject or amend the standing order stating it is not there in the Model Standing Order. Is it compulsory to reproduce the Model Standing Order? When both the parties (Management & Union) have agreed to the terms and conditions mentioned in the draft standing order, can they alter/reject the points mentioned in the standing orders? How can it be challenged?
Regards,
From India, undefined
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Dear Nagesh Adiga,
You have not mentioned anything about the "Order" of the certifying Authority. Definitely, as an Employer, you can challenge the same. But, do you have sufficient grounds to challenge it? Which clauses are not permitted by the certifying Authority? Just because Management and Union have agreed on certain clauses, it should not be construed that the same has to be certified. Certification will be as per the provisions provided under the Act.
From India, New Delhi
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691You have not mentioned anything about the "Order" of the certifying Authority. Definitely, as an Employer, you can challenge the same. But, do you have sufficient grounds to challenge it? Which clauses are not permitted by the certifying Authority? Just because Management and Union have agreed on certain clauses, it should not be construed that the same has to be certified. Certification will be as per the provisions provided under the Act.
From India, New Delhi
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Dear NAGESH ADIGA ji,
There is a procedure for the certification of Standing Orders. Upon receiving the draft Standing Orders by the certifying authority, the authority must call and hear the employer and the concerned workmen to decide whether any changes are necessary in the draft before certifying. The certifying authority also ensures that the draft submitted to him complies with the provisions of the Industrial Employment (SO) Act, 1946, and with the prescribed Model Standing Orders.
Any party aggrieved by the Certifying Officer's decision must appeal to the Appellate Authority for necessary relief within a specific time frame. The decision of the Appellate Authority is final.
Hope you have received an answer to your query.
From India, Mumbai
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There is a procedure for the certification of Standing Orders. Upon receiving the draft Standing Orders by the certifying authority, the authority must call and hear the employer and the concerned workmen to decide whether any changes are necessary in the draft before certifying. The certifying authority also ensures that the draft submitted to him complies with the provisions of the Industrial Employment (SO) Act, 1946, and with the prescribed Model Standing Orders.
Any party aggrieved by the Certifying Officer's decision must appeal to the Appellate Authority for necessary relief within a specific time frame. The decision of the Appellate Authority is final.
Hope you have received an answer to your query.
From India, Mumbai
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Dear Nagesh,
This is not as you narrated and asked. Any part or portion of the Certified Standing Order and its conditions may be changed and amended, but the employer has to submit his request to the concerned authority with his welfare measures and relevant provisions that they want to change in the CSO. If possible, make an agreement with the workers' representative, duly signed. In that case, the authority will call both representatives from the employers and workers' groups/unions and start its meeting or proceeding. If the union is not available, then ask for a minimum of 5 persons from the workers as representatives.
The approving authority may consider the Model Standing Orders and better options in the interest of workers. If all efforts are in the right direction, they may order an amendment in the CSO with an effective date.
Thanks
From India
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This is not as you narrated and asked. Any part or portion of the Certified Standing Order and its conditions may be changed and amended, but the employer has to submit his request to the concerned authority with his welfare measures and relevant provisions that they want to change in the CSO. If possible, make an agreement with the workers' representative, duly signed. In that case, the authority will call both representatives from the employers and workers' groups/unions and start its meeting or proceeding. If the union is not available, then ask for a minimum of 5 persons from the workers as representatives.
The approving authority may consider the Model Standing Orders and better options in the interest of workers. If all efforts are in the right direction, they may order an amendment in the CSO with an effective date.
Thanks
From India
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The authority will act as per the model standing orders. If you intend to deviate too much, they have the right to reject such standing order. After all, you cannot circumvent the law completely.
The act provides for a probation of 3 months, but many organizations have certified standing orders of a 6-month probation. Just to give an example of the extent of deviation permitted. Of course, if the certifying officer objects, this change also can't be implemented as it is against the standing order of a 3-month probation period.
From India, Mumbai
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The act provides for a probation of 3 months, but many organizations have certified standing orders of a 6-month probation. Just to give an example of the extent of deviation permitted. Of course, if the certifying officer objects, this change also can't be implemented as it is against the standing order of a 3-month probation period.
From India, Mumbai
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PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc