The document outlines various provisions relating to standing orders under the Industrial Employment (Standing Orders) Act, including when standing orders come into effect, requirements to register and post standing orders, rules around modifying standing orders, payment of subsistence allowances to suspended employees, temporary adoption of model standing orders for new establishments, powers to make rules, and penalties for non-compliance.
1. OTHER PROVISIONS RELATING TO
STANDING ORDERS
1. Date of Operation of standing orders :
The standing orders come into operations on expiry of 30
days from the date on which authenticated copies are sent
under sec.6.
Once the standing orders are certified, they become binding
on the employer and all the employees of the organization.
2. 2. Register of standing orders:
A copy of standing orders as finally certified under the Act are
then filed by the certifying officer in a register prescribed for
this purpose.
The certified officer then furnish a copy and charges a fee for
it.
3. Posting of standing orders:
Once the standing orders are certified under Act are then
displayed by the employer in English and in the language
understood by the employees.
They are displayed ;
• At or near the entrance
• In all the departments
3. 4. Duration and modification of standing orders:
I. DURATION
Standing orders once finally certified under the Act shall not; except
an agreement between the employer and employee, be liable for
modification until the expiry of 6 months from the date of standing
orders coming into operation.
II. MODIFICATION
• Any employer or employees or trade union or any other
representative body of employees can apply to Certifying Officer to
modify the standing orders.
• Such an application has to be accompanied by 5 copies of
modification proposed to be made.
• Where modifications are proposed, a certified copy of that
agreement shall be filed along with the application.
4. PAYMENT OF SUBSISTENCE ALLOWANCE
Sec. 10-7
Subsistence allowance is 50/75 percent. They are payable as-
At the rate of 50% wages which the employee was entitled to
immediately preceding the date of such suspension, for the
first 90 days of suspension.
At the rate of 75% such wages for remaining period of
suspension, if delayed happens in the completion of
disciplinary preceding against such employee.
5. TEMPORARY APPLICATION OF MODEL
STANDING ORDERS (Sec. 12-A)
• When the Act becomes applicable to an industrial establishment
for the first time, till the standing orders are finally certified
under the Act in that establishment, the proceeding model
standing order shall be deemed to be adopted in such case.
POWER TO MAKE RULES (Sec. 15)
• Every rule made by central govt. under sec.15 shall be laid as soon
as they are framed, before each House of
Parliament. If the houses agrees in making any
modification in the rule, the rule shall thereafter
have effect only in such modified form or vice-versa.
6. PENALTIES
• An employer who fails to submit draft standing orders as
required by Sec. 3 or who modifies the standing orders under
sec.10, shall be punishable with the fine which may exceed
Rs.5000. in case of continuing the offence , he shall be liable to
pay the fine which could exceed Rs.200 for every day.
• Similarly, if the employer who does any act which is controversial
with respect to standing orders shall be punishable to Rs.100 or
above.