TMS
2

Ours is a newly set up factory with few (about 50) workmen. So far no Union is formed.
Your expert suggestion is requested in what are the prerequsities to get the Standing Orders Certified so that to have the Certified Standing Order. Our Management wants the same.
Location of Factory - Maharashtra
thanks,
Rajan

From India, Mumbai
shijit
122

Dear Rajan,

As a prerequisites for Standing Order Certification you will have to clearly define the following.

1. Classification of workmen, whther permanent, temporary, appretices, probationers, or badlis.

2. Manners of intimating the workmen period and hors of work, holidays, pay days and wage rates.

3. Shift working

4. Attndance and late coming

5. Conditions of Procedure in applying for, and the authority whcih may grant leaves and holidays.

6. Requirement to enter premises by certain gates and liability to earch.

7. Closing and re-opening of sections of the industrial establishement and temporary stoppages of work and the rights and liabilities of the employer and workmen arising threfrom.

8. Termination employment and notice thereof to be given by employer and workmen.

9. Suspension or dismissal for misconduct andacts or commissions which constitute misconduct.

10. Means of redresal for workmen against unfair treatment or wrongful extractions by the employer or his agents or servants.

Hope this will benefit you,

Regards,

Shijit.

From India, Kochi
Standing orders once certified are very difficult to be changed. Therefore go through a very rigorous process at the beginning. This is the most appropriate stage of your company to start that work. When you cross more than 50 "workmen" you will need a certified standing orders and while the certification process is pending, you may use the Model Standing Orders.
Therefore, follow these steps as part of your process:
1. Go through the Model standing Orders carefully and clause by clause. Consult at various levels within the company to get the buy-in for changes you wish to incorporate.
2. Refer to Certified Standing orders of good companies and there will be fund of information that you may use in drafting your own model standing orders.
3. Remember certified standing orders or Model standing orders are meant to protect the interests of the employees and therefore whatever draft that you produce should not have clauses which are patently one-sided or prejudicial to the interests of the workmen. These will be deleted or modified at the certification stage. Be reasonable. Incorporate all the legal benefits due to "workmen" such as quantum of leave, timings and other aspects which Mr. Shijit has given in his list.
4. Once the draft is prepared, consult a labour consultant to improve upon your draft. You may also seek the assistance of retired personnel from the Labour department such as a retired DCL or experienced personnel who will give you extraordinary value addition in terms of what will get certified and what will not.
5. Form a committee of 5 to 7 workmen and explain and train them about the draft of standing orders which would be submitted for certification. Union per se is not necessary.
6. Keep the time-frame reasonable. You should be happy to get all these activities carried out in the next 6-9 months time. If you are lucky you may be able to complete the process within 6 months.
7. Never get anything unfair or patently illegal in your draft. You will not be able to get them included in the certification. Do not leave out misconducts that are emerging due to advancement of technology such as use of cell-phones etc., while at work.
8. Include correct procedures for attendance monitoring and factor for the introduction of improved attendance recording systems in the future.
9. Before certification the Certifying officer would interview and check with your workmen. Facilitate this interaction. If your employees are well informed, you have no worry. Communication and transparency are key to successful certification.
10. For further doubts, you may contact.
EIRVALSA

From India, Madras
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