Dear Experts, We want to amendment the existing standing order as per law , hence i want the forms and formats and procedures kindly explore me the same... Me-R.T.S Pondicherry.
From India, Pune
2From India, Pune
Inorder to amend the standing orders get the new provisions approved by the employees and their representatives/ Union. Then get it certified in the same manner as was originally certified, ie, by the Officer of the Labour Department not below the rank of Dy. Labour Commissioner. Ensure that the amendment is not taking place before six months of its certification or any past amendment.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Member,
When our senior intelligent member Mr. Madhu T K has given you the correct / most appropriate answer then what is the need of more responses. Moreover for your satisfaction it is submitted that we can modify our certified Standing Orders by the procedure as laid down in section 10 of The Industrial Employment ( Standing Orders) Act, 1946 which is reproduced hereunder for your ready reference.
Duration and modification of standing orders;
Sec. 10. (1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen, or a trade union or other representative body of the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.
(2) Subject to the provisions of sub-section (1), an employer or workman [or a trade union or other representative body of the workmen] may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workman (or a trade union or other representative body of the workmen], a certified copy of that agreement shall be filed along with the application.
(3) The foregoing provision of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders.
(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
Go ahead accordingly.
Opinion / comments submitted as requested.
Regards,
R.N.Khola
From India, Delhi
When our senior intelligent member Mr. Madhu T K has given you the correct / most appropriate answer then what is the need of more responses. Moreover for your satisfaction it is submitted that we can modify our certified Standing Orders by the procedure as laid down in section 10 of The Industrial Employment ( Standing Orders) Act, 1946 which is reproduced hereunder for your ready reference.
Duration and modification of standing orders;
Sec. 10. (1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen, or a trade union or other representative body of the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.
(2) Subject to the provisions of sub-section (1), an employer or workman [or a trade union or other representative body of the workmen] may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workman (or a trade union or other representative body of the workmen], a certified copy of that agreement shall be filed along with the application.
(3) The foregoing provision of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders.
(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
Go ahead accordingly.
Opinion / comments submitted as requested.
Regards,
R.N.Khola
From India, Delhi
My dear friend
Are you looking for just the number of responses that your query can generate ??? If so, I hope my response makes you happy.
"What is the point of having choices, if none works for you", is a byline in an often seen TV ad. Similarly, it is not the number of responses, but the quality of responses that matter.
The response that you received from our experienced Moderator Mr. Madhu is authoritative and most appropriate (as also endorsed by Mr. Khola, a well known labour law consultant).
There are no further responses as I do not think there is any further scope of a second opinion, but to support the expert advice already rendered.
Warm regards.
From India, Delhi
Are you looking for just the number of responses that your query can generate ??? If so, I hope my response makes you happy.
"What is the point of having choices, if none works for you", is a byline in an often seen TV ad. Similarly, it is not the number of responses, but the quality of responses that matter.
The response that you received from our experienced Moderator Mr. Madhu is authoritative and most appropriate (as also endorsed by Mr. Khola, a well known labour law consultant).
There are no further responses as I do not think there is any further scope of a second opinion, but to support the expert advice already rendered.
Warm regards.
From India, Delhi
Sirs,
There are 3 registered unions in our organization. Two unions have agreed for the amendment but the third union has not agreed for the change.
In this situation, whether the standing orders can be amended or not, may please be clarified.
We have already filed the application for amendment of standing orders before the Certifying officer & DLC Central.
Regards,
V.V.Satyanarayana
From India, Raipur
There are 3 registered unions in our organization. Two unions have agreed for the amendment but the third union has not agreed for the change.
In this situation, whether the standing orders can be amended or not, may please be clarified.
We have already filed the application for amendment of standing orders before the Certifying officer & DLC Central.
Regards,
V.V.Satyanarayana
From India, Raipur
In such situations it would be advisable first to find out which Union is the sole bargaining agent or principal bargaining union. Though recognition of Trade Union by law is implemented in very few states, like Maharshtra and Kerala, you can carry out a referendum and based on the membership, decide which Union should be recognised. Once this is done, it will be easy for you to carry out negotiations. You can speak to Labour Commissioner in this regard and find a solution.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Thank you sir. The query pertains to Andhra Pradesh. Through ballot the Union which has won maximum votes was decided and the said union was given the status of Recognized Union. The said Recognized Union is agreeable in favour of the Amendment suggested by the Management. Another registered union is also in favour of the amendment. The 3rd registered Union is not in favour of the Amendment of Standing Order. We shall discuss with ALC. Legally, is the amendment of Standing Orders permissible once the Principal Bargaining Union is agreeable. Can you please clarify on this sir ?
From India, Raipur
From India, Raipur
Refer, www.simpliance in, to download all recent amendments and notifications.
From India, Bengaluru
From India, Bengaluru
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Standing Order Age Amendment Notification.pd f
PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc