How long a company can use model standing orders in absence of its own ., also give information about miscounts done by employee.
From India, Kolkata
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From India, Kolkata
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The law does not prescribe an outer limit for the validity of the Model Standing Orders. It remains valid and applicable until the Certified Standing Orders come into effect. The list of misconducts is available in the Model S.O. on various sites.
From India, Mumbai
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1655From India, Mumbai
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Dear Tanay Ojha,
Your Queries:
i) How long can a company use model standing orders in the absence of its own?
ii) Please also provide information about misconduct committed by employees.
Clarifications Offered by Kritarth Team:
As the nomenclature/title/heading states, the Model Standing Orders are just a "Model" for guidance, awareness, acceptance, and ensuing action for:
a) "Defining," "Framing" with sufficient precision, the terms and conditions of employment applicable to all employees and others present at your industrial premises as mentioned in the Factory License. These can also be understood as "obligations" on the part of the employer/occupier and on the part of the employed persons & others.
b) The draft Standing Orders text prepared and proposed by the employer/occupier of the industrial establishment/undertaking to which the Industrial Employment (Standing Orders) Act 1946 applies must be submitted within six (6) months from the date of commencement of business before the Certifying Officer (Labour Commissioner in most cases) after adhering to the mandated procedures, in five sets for examination, approval & certification by the appointed Certifying Officer after holding consultations with the workers/trade union as authorized by the laws.
Any act "Unworthy of Employment" constitutes an act of misconduct as defined by our Supreme Court in 1963. Please refer to the acts of misconduct illustrated in the Model Standing Orders and the aforementioned SC ruling of 1963.
Also, incorporate in your draft Standing Orders that an act of subjecting women to sexual harassment at the workplace shall also "constitute an act of misconduct" punishable as per the Standing Orders (Model or Certified) as per Section-19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.
You may consult Kritarth Team for guidance, help, and assistance in matters of management & development of human resources/talent. Kritarth Team led by XLRI Alumni & seasoned HR professional.
16 January 2019
From India, Delhi
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Your Queries:
i) How long can a company use model standing orders in the absence of its own?
ii) Please also provide information about misconduct committed by employees.
Clarifications Offered by Kritarth Team:
As the nomenclature/title/heading states, the Model Standing Orders are just a "Model" for guidance, awareness, acceptance, and ensuing action for:
a) "Defining," "Framing" with sufficient precision, the terms and conditions of employment applicable to all employees and others present at your industrial premises as mentioned in the Factory License. These can also be understood as "obligations" on the part of the employer/occupier and on the part of the employed persons & others.
b) The draft Standing Orders text prepared and proposed by the employer/occupier of the industrial establishment/undertaking to which the Industrial Employment (Standing Orders) Act 1946 applies must be submitted within six (6) months from the date of commencement of business before the Certifying Officer (Labour Commissioner in most cases) after adhering to the mandated procedures, in five sets for examination, approval & certification by the appointed Certifying Officer after holding consultations with the workers/trade union as authorized by the laws.
Any act "Unworthy of Employment" constitutes an act of misconduct as defined by our Supreme Court in 1963. Please refer to the acts of misconduct illustrated in the Model Standing Orders and the aforementioned SC ruling of 1963.
Also, incorporate in your draft Standing Orders that an act of subjecting women to sexual harassment at the workplace shall also "constitute an act of misconduct" punishable as per the Standing Orders (Model or Certified) as per Section-19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.
You may consult Kritarth Team for guidance, help, and assistance in matters of management & development of human resources/talent. Kritarth Team led by XLRI Alumni & seasoned HR professional.
16 January 2019
From India, Delhi
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