Standing orders
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Transcript of Standing orders
Definition of Standing OrdersImportance
Useful in terms of Scope and Application
Submission of Draft Standing Orders Certification of Standing Orders
Penalty
BY SUVIDHA KUDTARKAR
Important DefinitionsThe term ‘Standing Orders’ means rules relating
to matters set out in the Schedule of the Act.
Appropriate Government: State Government, Central Government.
Certifying Officer: means Labour Commissioner/Regional Labour Commissioner and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette to perform such duties.
Employer: owner of the establishment
ImportanceNo uniform practice governing the conditions of service of
workers
No clarity of rights and obligations of the employer
In respect of terms of employment, friction/dispute between
management and worker
Demand for statutory service conditions raised by Bombay Cotton
Textile workers in 1927-28
The Bombay Industrial Disputes Act of 1938 for the first time
provided for statutory standing orders.
The Labour Investigation Committee emphasized the workers’
right to know the terms & conditions of employment
Its Useful in below termsTo require employers to define the conditions of
work Helps to bring about uniformity in terms and
conditions of employmentHelps to minimize industrial conflictsHelps to foster harmonious relations between
employers and employees.Helps in providing statutory sanctity and
importance to standing orders
Scope and ApplicationExtends to the whole of IndiaTo every establishment wherein 100 or more
workmen are employedOn any day preceding twelve monthsOnce applicable to the establishment then it
continuous if the no. of workmen employed gets reduced to less than 100
The appropriate Govt. can exempt any establishment from any of the provisions of the Act
Continuous…..It applies to railways, factories, mines, quarries,
oil-fields, tramways, motor services, docks, plantations, workshops, civil construction and maintenance works.
The Act has 15 sections and a schedule.It applies to all the skilled or unskilled, manual,
supervisory, technical, clerical work. The apprentices are also included.The persons employed mainly in a
managerial/administrative/supervisory capacity drawing wages exceeding Rs.1600 are not covered.
ScheduleMatters to be contained in the Standing OrdersClassification of the workmen : temporary, casual,
apprenticesManner of intimating to workmenShift workingAttendance and late comingConditions of, procedure in applying for, and the
authority which may grant leave and holidaysRequirements to enter premises by certain gates and
liability to searchClosing and reopening of sections of the
establishments, temporary stoppages Suspension or dismissal for misconduct Acts and omissions which constitute misconduct
Submission of Draft Standing Orders
Obligatory on the part of an employer or a group of employers to furnish of the draft standing orders
Within 6 months of the application of the Act the employer shall submit the draft standing orders
Copies to be given to the certifying officerDraft has to enclose the prescribed particulars
of the workmenThe status and name of the trade unions to be
given.It has to take all matters set out in the Schedule.
Procedure for Certification of Standing Orders
Copy of draft standing orders to be sent to trade union/workmen
Opportunity of hearing to trade union/workmen to be provided
CertificationCertified standing orders have the force of law
and the violation of any provision shall be taken action
Standing orders to be applicable to all present and future workmen
Payment of Subsistence allowancePayment of subsistence allowance by an
employer to a workman who has been suspended by the employer and his investigation is pending
the allowance shall be at the rate of 50% of the wage for the first 90 days of suspension
The allowance shall be 75% of the wage after 90 days if the investigation is delayed due to employer
PenaltyAny employer fails to submit draft standing
orders or modifies it, shall be punishable with fine which may extend to Rs. 5000.
In case of continuance of the above offence, fine up to Rs.200 per every day.
Any contravention of Standing Orders is punishable by Rs. 100 fine .