THE INDUSTRIAL EMPLOYMENT (Standing Orders) Act, 1946. This Act is to require employers in industrial establishments to formally define conditions of employment under them and submit draft standing orders to certifying Authority for its Certification.
2. Contents of a
Standing
Order
• Conduct Book/Rule Book
-Classification of worker
-Shifts
-Attendance
-Manner of Leave
-Termination
-Suspension- Procedure
Dismiss- Procedure
-Grievances
3. Matters under
Standing
Order- 1st
Schedule of IR
Code
To regulate the Conduct of workers so that day to
day functioning is not affected- Rule book is
made: Standing orders.
Usually there is a model standing order, but
industries can make their own
4. Chapter 4
Sec 28:
Standing Order
More than 300 or more workers were
employed in preceding 12 months on
any day
(2) Civil Services regulation, Indian
railway establishment code, civilians
in defense services- Chapter no 4
shall not apply to them
5. Sec 29
Central Government is responsible to make the
ideal standing order:
1. Condition of Service
2. Incidental Matters (any matter auxiliary to
conditions of service)
When u apply for standing order and then it gets
certified. Between that time the Model Standing
order of the government shall be deemed to be
adopted.
6. Sec 30
(1) Employer is responsible to prepare a draft
standing order with the help of Model Standing
order. Also, from the 1st schedule where there are
matters present within 6 months from the
commencement of this code based on the nature
of work.
Draft should not be inconsistent-should not be
anything contrary to the 1st schedule matters and
shall not violate the code of the employer.
Ex: every worker must work 20 hrs. in a day- not
possible
7. Who All to
consult while
making the
standing
order?
(2) Employer will consult from:
Trade Union
Negotiating Union
Negotiation Councils
Then he shall forward the draft to the certifying
officer (online or offline)
8. Sec 30 (3)
Model Standing
Order
Deemed to be
Certified
Inform the
Certifying Officer
If he finds any
mistake, he shall
ask him to amend
the same
9. Sec 30 (4)
Prepare the
Draft of
Modification
Within 6
months
Forward to the
certifying
officer
10. Sec 30 (5)
Certifying officer
receives the draft
He will send a
Notice to either
Trade Unions or
representation of
workers
Notice will give
them an
OPPORTUINITY TO
BE HEARD in case
there is any
modification
required
Then there will be
modifications if
any needed. By
this we are
safeguarding the
interests of
workers.
11. Procedure of
Certification
- Certifying officer shall complete the entire
procedure within 60 days for both even a new
standing order or a standing order that has
been sent for modification
- If rejected ground of rejection shall be told
- Modification also needs 60 days time
- If it is not certified within 60 days it will be said
to be deemed to be certified.
12. Condition for
Certification
Sec 30 (6)
1. All matters of 1st schedule are covered
2. All orders under standing order are consistent
with the IR Code
13. Sec 30 (7)
- It is the duty of the certifying officer that he
adjudicates the Fairness of Standing Orders
- To check whether it is beneficial for the workers
of that Industry.
14. Sec 30 (9)
Statement
Whenever employer send the standing order, he
has to attach a Statement which will include the
details of workers employed under you.
15. Sec 30 (10)
Joint Draft
When there are similar establishments, a joint
draft is drafted by all the establishments where
they will follow similar standing order
16. Sec 30 (11)
Even if the code came in 2020, any standing order
made before that will also be said to be valid if it
is consistent with the code.
17. Sec 31
Certifying Officer shall have the powers of Civil
Court. Any error can be corrected by the
certifying officer