Hi
Our management provided 24 days leave per year ie., casual 12 days medical leave 12 days. Management decided to introduce only 12 days leave on next year onwards. But our standing order have 24 days leave (Approved by Joint commissioner of labour). Is it possible to revoke or reduce the leave from JCL approved standing order or have to submit modified one.
Thanks
Ravi
From India, Madras
2Our management provided 24 days leave per year ie., casual 12 days medical leave 12 days. Management decided to introduce only 12 days leave on next year onwards. But our standing order have 24 days leave (Approved by Joint commissioner of labour). Is it possible to revoke or reduce the leave from JCL approved standing order or have to submit modified one.
Thanks
Ravi
From India, Madras
hi
The management can not take decisions of its own for amendment of the Standing orders already approved by the JCL, it can do so only with the consent of the working employees or its trade unions approval and then get an amendment for leaves clause from the JCL.
Mohan Rao
Manager HR
From India, Visakhapatnam
The management can not take decisions of its own for amendment of the Standing orders already approved by the JCL, it can do so only with the consent of the working employees or its trade unions approval and then get an amendment for leaves clause from the JCL.
Mohan Rao
Manager HR
From India, Visakhapatnam
Dear Ravi,
You have to apply for modification in accordance with section 10 of the The Industrial Employment (Standing Orders) Act, 1946. You are not in a position to reduce the number of leaves. In my opinion this matter falls within the ambit of change of condition of service & thus also attracts section 9A of the Industrial Disputes Act, 1947.
opinion submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
You have to apply for modification in accordance with section 10 of the The Industrial Employment (Standing Orders) Act, 1946. You are not in a position to reduce the number of leaves. In my opinion this matter falls within the ambit of change of condition of service & thus also attracts section 9A of the Industrial Disputes Act, 1947.
opinion submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Ravi,
The same procedure is to be adopted as adopted by you in case of certification of your Standing Orders but the difference in this case is this that you are now to apply again to the JLC cum Certifying officer under I E (S.O) of your area five copies of the only draft of the modification required.The C O shall undergo same procedure & will also hear the representative of the workmen i.e. the effected party.In my opinion this is not going to be modified unless accepted by the rep.of the workmen or unless you give any specific reason in fact & circumstances of this case.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
The same procedure is to be adopted as adopted by you in case of certification of your Standing Orders but the difference in this case is this that you are now to apply again to the JLC cum Certifying officer under I E (S.O) of your area five copies of the only draft of the modification required.The C O shall undergo same procedure & will also hear the representative of the workmen i.e. the effected party.In my opinion this is not going to be modified unless accepted by the rep.of the workmen or unless you give any specific reason in fact & circumstances of this case.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Mr. R.N.Khola sir
I used to fail to understand the following.
1-If a company has already certified standing order, is it necessary to prepare Service code?
2-if service code prepared by which the employee will be governed ?
Pl. clarify
Regards
Pramod
whther
From India, Faridabad
I used to fail to understand the following.
1-If a company has already certified standing order, is it necessary to prepare Service code?
2-if service code prepared by which the employee will be governed ?
Pl. clarify
Regards
Pramod
whther
From India, Faridabad
Dear Pramod,
This is to clarify that certified standing orders are applicable to the workmen as defined under section 2(s) of the Industrial Disputes Act, 1947. Now the question arises how to regulate the terms & conditions of employment of rest of the personnel working with the organization & every thing is not possible to write time & again in the appointment letters. Therefore, we also prepare service Rules/ code for these employed persons. After making these Rules applicable to the rest of the employees we write only one line in the appointment letter of these officers/ employees that you will be governed by the service Rules of the Unit which are in force as on today & as amended from time to time.
Comments submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
This is to clarify that certified standing orders are applicable to the workmen as defined under section 2(s) of the Industrial Disputes Act, 1947. Now the question arises how to regulate the terms & conditions of employment of rest of the personnel working with the organization & every thing is not possible to write time & again in the appointment letters. Therefore, we also prepare service Rules/ code for these employed persons. After making these Rules applicable to the rest of the employees we write only one line in the appointment letter of these officers/ employees that you will be governed by the service Rules of the Unit which are in force as on today & as amended from time to time.
Comments submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Mr. Ravi,
In your query pl. celrify that apart from these 24 days leave Medical and Casual, are you adhering the PL provisions as per Factories Act, 1948? Also if you are providing PL as per the provisions of Facatories Act, than you can apply to Labour Commissioner with new amendement , but he will advise you not to reduce any benefits which are in practise, but still you can try showing valid reason to do so . Aslo pl. tell your management about consequencies from Union or worker's representative , because it will create IR issues as work force generally do not wish that benefits will be reduced.
If you are not Providing PL, than you can transfer this 12 days leave to PL.
regards,
Vipul Rana
Plant Personnel Manager
J.M.Huber India Pvt. Ltd
From India, Thana
In your query pl. celrify that apart from these 24 days leave Medical and Casual, are you adhering the PL provisions as per Factories Act, 1948? Also if you are providing PL as per the provisions of Facatories Act, than you can apply to Labour Commissioner with new amendement , but he will advise you not to reduce any benefits which are in practise, but still you can try showing valid reason to do so . Aslo pl. tell your management about consequencies from Union or worker's representative , because it will create IR issues as work force generally do not wish that benefits will be reduced.
If you are not Providing PL, than you can transfer this 12 days leave to PL.
regards,
Vipul Rana
Plant Personnel Manager
J.M.Huber India Pvt. Ltd
From India, Thana
Yes, you have to re submit the Standing Order with the reqisite fee to get it altered. second there will no changes will me approved which moves the S.O out of law limits. or bypass the welfare of workers.
Sukhwin
From India, Ludhiana
Sukhwin
From India, Ludhiana
Mr.Ravi,
As per factories act you have to provide 1 day leave for every 20 days worked and additionally you have to comply with the standing order provisions legally. any violation in this will attract punishments for occupier and factory manager. So please follow legal provisions and apply for modification with the certifying officer which is unlikely if you have union in your factory.
regards
B ravichandiran
From India, Madras
As per factories act you have to provide 1 day leave for every 20 days worked and additionally you have to comply with the standing order provisions legally. any violation in this will attract punishments for occupier and factory manager. So please follow legal provisions and apply for modification with the certifying officer which is unlikely if you have union in your factory.
regards
B ravichandiran
From India, Madras
Dear Prasad,
Please find below the differences:
I.R:
----
Industrial Relations has got various definitions which in precise portrays the relationships between the Employee and the Management.
Industrial Relations are basically the interactions between the Management and Employees or group of employees represented by a Union where attempts are made at arriving at solutions between the conflicting objectives and values.
H.R.:
----
Though it is said that H.R. is part of I.R but has got more specific meaning which actively plays a pivotal role in any conflicting objectives.
These days H.R is said to be a completely different field that deals with non-union issues related to people such as compensation, hiring, performance management, organization development, safety, wellness, benefits, employee motivation, communication, administration, and training.
In short it is nothing but Personnel Management.
Hope I was helpful.
Thanks,
Sathish.S.Nair
From India, Madras
Please find below the differences:
I.R:
----
Industrial Relations has got various definitions which in precise portrays the relationships between the Employee and the Management.
Industrial Relations are basically the interactions between the Management and Employees or group of employees represented by a Union where attempts are made at arriving at solutions between the conflicting objectives and values.
H.R.:
----
Though it is said that H.R. is part of I.R but has got more specific meaning which actively plays a pivotal role in any conflicting objectives.
These days H.R is said to be a completely different field that deals with non-union issues related to people such as compensation, hiring, performance management, organization development, safety, wellness, benefits, employee motivation, communication, administration, and training.
In short it is nothing but Personnel Management.
Hope I was helpful.
Thanks,
Sathish.S.Nair
From India, Madras
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PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc