My company in Ghaziabad 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 Ghaziabad, your company must comply with the provisions of the Industrial Employment (Standing Orders) Act, 1946.

The procedure to formulate standing orders involves several steps as outlined in the Act. Here’s a comprehensive guide:

• Applicability: Ensure that the Act applies to your establishment. The Act is applicable to any industrial establishment employing 100 or more workmen on any day in the preceding 12 months, as per Section 1(3).
• Drafting of Standing Orders:
  • Draft the standing orders that define the terms of employment, including the conditions of service, disciplinary actions, and grievance redressal mechanisms.
  • Ensure that the draft is in accordance with the model standing orders prescribed under the Act.
• Consultation with Workmen:
  • Before finalizing, the draft should be published for the workers’ feedback.
  • You may hold discussions or meetings with workmen representatives to address concerns and suggestions.
• Submission to Certifying Officer:
  • Once the draft is finalized, submit it to the Certifying Officer (typically the Labour Commissioner) for certification.
  • The application must include the draft standing orders and evidence of consultation with the workmen.
• Certification Process:
  • The Certifying Officer will review the draft and may call for further discussions or modifications based on the feedback from workmen.
  • After considering all inputs, the Certifying Officer will either certify the standing orders or require modifications.
• Display of Standing Orders:
  • Once certified, the standing orders must be displayed prominently in the workplace.
  • Ensure copies are made available to all workers and are accessible for reference.
• Amendments:
  • Any amendments to the standing orders after certification must also follow the same procedure for re-certification.

Compliance with these steps ensures that your company adheres to the Industrial Employment (Standing Orders) Act, 1946, fostering a transparent and fair work environment.