Hi, I have recently joined a company in Karnataka as an HR manager. My doubt is regarding the standing order. Much before the union formation, the company had a standing order certified by the authority. In that document, only the Labour Dept seal and sign are available (no union concurrence, as the union did not exist at that time). My doubt is as follows:
- Since this does not have union concurrence, is it valid? Though the Labour Dept. says it is valid because you have certified the same. As long as the Management/union did not ask for an amendment with the concerned authority, it is still valid. Only when both sides request an amendment does it need to be amended.
- Recently, when we took disciplinary action based on the standing order, the union objected, stating that the standing order does not have their concurrence and is not valid.
- We do not want to take this up with the authority to amend at this juncture as we intended to do so during MOS/LTS.
Looking forward to expert opinion.
From India, Bangalore
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4- Since this does not have union concurrence, is it valid? Though the Labour Dept. says it is valid because you have certified the same. As long as the Management/union did not ask for an amendment with the concerned authority, it is still valid. Only when both sides request an amendment does it need to be amended.
- Recently, when we took disciplinary action based on the standing order, the union objected, stating that the standing order does not have their concurrence and is not valid.
- We do not want to take this up with the authority to amend at this juncture as we intended to do so during MOS/LTS.
Looking forward to expert opinion.
From India, Bangalore
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Certified Standing Orders are lawful, valid orders which apply to the establishment irrespective of any office-bearers of any unions stand. Certified Standing Orders may be amended need-based, not on the whims and fancies of either the employer or the employees or their representative union. Your employer (punishing authority) has legal locus standi to proceed with disciplinary action in accordance with existing certified standing orders, and the employer's prerogative is non-negotiable.
Please, as an HR functionary, you may, in consultations with your employer, explain to the union's office bearers the provisions of the Industrial Employment (Standing Orders) Act 1946 with relevant amendments thereto.
Kritarth Team of IR Consultants
Bengaluru
29 Nov 2019
From India, Delhi
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Please, as an HR functionary, you may, in consultations with your employer, explain to the union's office bearers the provisions of the Industrial Employment (Standing Orders) Act 1946 with relevant amendments thereto.
Kritarth Team of IR Consultants
Bengaluru
29 Nov 2019
From India, Delhi
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Dear Shaju,
Simply put, Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, is a document of statutory force precisely setting down the conditions of employment in an industrial establishment. Once certified, it is fully valid until it is amended partially or replaced by a freshly certified one. A trade union coming into existence or any employee joining later after its certification cannot raise any plea against such orders on the ground of non-consultation. If they have any objection about any clause of the already certified Standing Orders, they are entitled to initiate a suitable amendment process. Certification of amendments depends upon many factors like a change in circumstances, modifications necessitated by statutory amendments to existing provisions of applicable labor laws, and the like. Therefore, either the employer or the employees, or both can apply for an amendment. Till such time, already certified standing orders will apply.
From India, Salem
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Simply put, Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, is a document of statutory force precisely setting down the conditions of employment in an industrial establishment. Once certified, it is fully valid until it is amended partially or replaced by a freshly certified one. A trade union coming into existence or any employee joining later after its certification cannot raise any plea against such orders on the ground of non-consultation. If they have any objection about any clause of the already certified Standing Orders, they are entitled to initiate a suitable amendment process. Certification of amendments depends upon many factors like a change in circumstances, modifications necessitated by statutory amendments to existing provisions of applicable labor laws, and the like. Therefore, either the employer or the employees, or both can apply for an amendment. Till such time, already certified standing orders will apply.
From India, Salem
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Thanks to Mr.Umakanthan Sir & Kritarth Team for giving clear understanding we will move forward accordingly
From India, Bangalore
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From India, Bangalore
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Certified SO is valid until any changes made by both parties. Check the applicable coloum of the SO and Appointment order the of employees.
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The standing order certified by the authority shall remain valid until any amendment is proposed to the certifying authority. As per Section 10, Sub-section 1 of the Standing Order Act 1946, an approved Standing Order cannot be changed within 6 months of the certification or the last amendment unless both parties, i.e., the employer and workmen or a trade union or other representative body of the workmen, give consent through an agreement to do such an amendment. As mentioned in Subsection 2, the employer, or any workman, or a trade union, or another representative body of the workmen may apply to the certifying officer for an amendment of the pre-certified standing order with a proper application.
The union cannot object to the certified standing orders in force; you should act/punish according to your standing order in force. Let the union challenge the management action before the authority or court of law, that the present Standing Order is an invalid document.
From India, Mumbai
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The union cannot object to the certified standing orders in force; you should act/punish according to your standing order in force. Let the union challenge the management action before the authority or court of law, that the present Standing Order is an invalid document.
From India, Mumbai
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Once an authority certifies it, it shall be valid. The union cannot question its validity with the employer. If the union has any grievance with the certification, they need to approach the certifying authority and not the employer, since the employer also cannot make any changes without approval from the certifying officer.
You can reject the claim of the union on the validity of SOs and proceed as per the procedure laid down in your SOs.
From India, Hyderabad
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You can reject the claim of the union on the validity of SOs and proceed as per the procedure laid down in your SOs.
From India, Hyderabad
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Dear All,
Thank you for providing your valuable comments. I have the following queries:
1. Without the consent of the workers, can standing orders be approved by the Labor Commissioner? Is it valid?
2. Until the standing orders are approved, the Model Standing Orders apply to the company. Therefore, it does not matter if the standing orders are approved or not. You can also take action under the Model Standing Orders if necessary.
Please share your inputs.
Regards,
Arun Chaudhary
From India, New Delhi
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Thank you for providing your valuable comments. I have the following queries:
1. Without the consent of the workers, can standing orders be approved by the Labor Commissioner? Is it valid?
2. Until the standing orders are approved, the Model Standing Orders apply to the company. Therefore, it does not matter if the standing orders are approved or not. You can also take action under the Model Standing Orders if necessary.
Please share your inputs.
Regards,
Arun Chaudhary
From India, New Delhi
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Dear Arun,
The process of certification under the Industrial Employment (Standing Orders) Act, 1946 is essentially a consultative process. Therefore, the Certifying Officer cannot exclude the participation of employees or their trade unions. Upon receiving the draft standing orders, the certifying officer will invite all unions mentioned in the application for discussions. If no union is present, the certifying officer will organize an election. Only the five representatives elected by the employees in such an election will be allowed to participate in the discussions before certification.
YES.
From India, Salem
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The process of certification under the Industrial Employment (Standing Orders) Act, 1946 is essentially a consultative process. Therefore, the Certifying Officer cannot exclude the participation of employees or their trade unions. Upon receiving the draft standing orders, the certifying officer will invite all unions mentioned in the application for discussions. If no union is present, the certifying officer will organize an election. Only the five representatives elected by the employees in such an election will be allowed to participate in the discussions before certification.
YES.
From India, Salem
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The Act laid down a procedure where there is no union, and the certifying officer would follow. If there is no union at the time of certification, it is not valid to nullify certification. Once the certifying officer followed the process and certified it, it cannot be challenged on the grounds of no union consent. Union existence is not a must for S Os certification.
Regarding the second point, if certified standing orders are in place, you need to follow the same. If you do not have certified standing orders, then you can follow model standing orders. Please understand that model standing orders are to provide guidelines and may not cover all your requirements or service conditions.
Hope it is clear.
From India, Hyderabad
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Regarding the second point, if certified standing orders are in place, you need to follow the same. If you do not have certified standing orders, then you can follow model standing orders. Please understand that model standing orders are to provide guidelines and may not cover all your requirements or service conditions.
Hope it is clear.
From India, Hyderabad
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