Dear All,
Pls help me on this. We are a news agency in business for last 30 years. We do not have a certified standing order. We are presently using the model standing order. Our head office is in Delhi with our centre's all around the country. My question is 1) Can we get the model standing order certified now 2) what would be the procedure to be followed 3) Which State's model standing order should we apply till then.
Awaiting a reply.
Thanks
From India, Mumbai
Pls help me on this. We are a news agency in business for last 30 years. We do not have a certified standing order. We are presently using the model standing order. Our head office is in Delhi with our centre's all around the country. My question is 1) Can we get the model standing order certified now 2) what would be the procedure to be followed 3) Which State's model standing order should we apply till then.
Awaiting a reply.
Thanks
From India, Mumbai
As I understand your requirements, you do not need to get your Standing Orders Certified. As long as you are using Model Standing Orders, without any changes in its provision, you do not need to have a separate Certified Standing Orders. Certified standing orders may be preferred in case you wish to alter certain conditions (not inconsistent with Model standing order provisions) and when you have more than 100 workmen within a particular state. When your operations are Pan-India, it is better that you use only the Model Standing Orders. There is no need to get the Model standing Orders certified as it is valid in law, in the absence of your own certified standing orders. In case you need further clarifications, post your queries.
From India, Madras
7From India, Madras
May i confront you Valsa :) Model Standing orders are guidelines for organisations to formulate their own standing orders. Every organisation (as per law) which engages 50 (100 as per the central act) employees needs to have the standing order certified. And, if the organisation falls under the governance of the state govt. the standing oder shall be registered in every jurisdiction. Before getting the SO certified, pls check with the local authority (a friendly guy if possible) if it has to be certified, since the inspectors are insisting for certifications only for Factories.
S K Biswal
e-Prompt Management Solutions
From India, Madras
S K Biswal
e-Prompt Management Solutions
From India, Madras
Strictly speaking you have to get the standing orders certified. But the labour authorities insist on the SO for factory set up. Speak to your local labour officer and take his guidance if your SO needs to be certified or not; you dont have to spend on it if they are not going to insist.
regards
S K Biswal
e-Prompt Management Solutions
From India, Madras
regards
S K Biswal
e-Prompt Management Solutions
From India, Madras
Good and Interesting Challenge. Thanks for stimulating thinking. The Act itself is called "Industrial Employment (Standing Orders)
Act, 1946" and section 2(e) read along with section 2(ii) of the Payment of wages act,, 1936 refer to only Industrial Establishment (where 100 more employed as per central Act) and therefore even if you approach the Certifying Authority for certification, they would decline. The critical question therefore is whether this News Agency is an Industrial Establishment or not. Once can also refer to the bare Act, where the Object of this act is set out. The applicability reads like this 1 (3) "It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months". Therefore, In my opinion, as I mentioned earlier, this News Agency does not come within the purview of the Industrial Employment (Standing Orders) Act, 1946. You may to be on the safe side, adopt the Model Standing Orders, which is intrinsically intended to bring about uniform application of a service code for all workmen of a specific class of employment without the hint of discriminatory action. That's the spirit of the Act. If you have a Union and the Union insists on having an exclusive Certfied Standing Orders for your establishment, then you may seek the opinion of the Labour Officer of the appropriate jurisdiction in one of the many states that you may operate and have it on records.
EIRVALSA
From India, Madras
Act, 1946" and section 2(e) read along with section 2(ii) of the Payment of wages act,, 1936 refer to only Industrial Establishment (where 100 more employed as per central Act) and therefore even if you approach the Certifying Authority for certification, they would decline. The critical question therefore is whether this News Agency is an Industrial Establishment or not. Once can also refer to the bare Act, where the Object of this act is set out. The applicability reads like this 1 (3) "It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months". Therefore, In my opinion, as I mentioned earlier, this News Agency does not come within the purview of the Industrial Employment (Standing Orders) Act, 1946. You may to be on the safe side, adopt the Model Standing Orders, which is intrinsically intended to bring about uniform application of a service code for all workmen of a specific class of employment without the hint of discriminatory action. That's the spirit of the Act. If you have a Union and the Union insists on having an exclusive Certfied Standing Orders for your establishment, then you may seek the opinion of the Labour Officer of the appropriate jurisdiction in one of the many states that you may operate and have it on records.
EIRVALSA
From India, Madras
Now this is the actual point of discussion.. What is an "industrial Establishement". Does industry only means a manufacturing set up? if it is, then valsa is right, News Agency is not an Industry. But Industry, actually means Business, trade, manufacturing and anything related to this, like Hotel industry, Service industry etc. News agency is does fall under the purview of Industry. Section 14 of WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITION OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 explains the applicability of Standing order to the news agency.
regards
From India, Madras
regards
From India, Madras
Chets there is no Model standing order for a seperate industry. Model Standing order is only a Model of terms of employment for you to adopt. It is only an example. You can adopt it as a whole or you can frame your own terms of employment and get it certified under your companies name.
regards
From India, Madras
regards
From India, Madras
Hi All,
Very interesting question and excellent comments by the members. I have worked for a manufacturing company and we had our SO certified from the authorities. This was a mandatory requirement.
I hope we get some more comments from our seniors, so that our doubts get clarified.
Giri
From India, Bangalore
Very interesting question and excellent comments by the members. I have worked for a manufacturing company and we had our SO certified from the authorities. This was a mandatory requirement.
I hope we get some more comments from our seniors, so that our doubts get clarified.
Giri
From India, Bangalore
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PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc
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