My company in Bhilai needs to formulate standing orders for workers; what is the procedure under the Industrial Employment Act?

Detailed Legal Analysis

To formulate standing orders for workers in your company in Bhilai, you must comply with the provisions of the Industrial Employment (Standing Orders) Act, 1946.

The procedure for formulating these standing orders is as follows:

• Applicability: Confirm if the Industrial Employment (Standing Orders) Act, 1946 is applicable to your establishment, which generally includes industrial establishments with 100 or more workmen.
• Drafting Standing Orders: Prepare a draft of the standing orders. These should cover the following key areas as specified in the Act:
  • Classification of workmen (permanent, temporary, apprentices, etc.)
  • Working hours of the employees
  • Attendance and punctuality norms
  • Leave and holiday policies
  • Termination and discharge procedures
  • Disciplinary actions and procedures
• Consultation with Workmen: Before finalizing the orders, the draft must be submitted to the workmen or their representatives for consultation. This is to ensure that their views are considered in the formulation process.
• Submission to Certifying Officer: After consultation, submit the draft standing orders to the Certifying Officer appointed under the Act. The Certifying Officer is generally the Labour Commissioner or any other officer designated by the government.
• Certification Process: The Certifying Officer will review the standing orders for compliance with the Act and other applicable laws. If satisfied, he/she will certify the standing orders. This process is governed under Section 5 of the Industrial Employment (Standing Orders) Act, 1946.
• Implementation: Once certified, the standing orders must be implemented in the organization and communicated to all employees. It is mandatory to ensure that all workers are aware of the standing orders.
• Amendments: If any amendments are needed in the future, a similar process must be followed to revise the standing orders, including re-consultation and resubmission to the Certifying Officer.

Non-compliance with the provisions of the Industrial Employment (Standing Orders) Act can lead to penalties under Section 12, so it is essential to adhere to the outlined procedure while formulating the standing orders.