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

Detailed Legal Analysis

The procedure for formulating standing orders for workers under the Industrial Employment (Standing Orders) Act, 1946, involves several key steps that your company in Itanagar must follow.

Standing orders are essential for regulating the terms of employment in an industrial establishment and are required for ensuring clarity and uniformity in workplace rules. Here’s a detailed procedure you need to follow:

• Determine Applicability: Verify if your establishment falls under the purview of the Industrial Employment (Standing Orders) Act. The Act applies to industrial establishments with 100 or more workmen.
• Draft the Standing Orders: Prepare a draft of the standing orders which should cover the following aspects:
  • Classification of workmen (permanent, temporary, probationers, etc.)
  • Hours of work, attendance, and leave policies
  • Disciplinary actions and penalties
  • Conditions for termination of service
  • Grievance redressal mechanisms
• Consult with Workmen: Before finalizing the standing orders, consult with the workmen or their representatives regarding the draft. This can be done through meetings or discussions to ensure their inputs are considered.
• Submission to Certifying Officer: After incorporating feedback, submit the standing orders to the Certifying Officer (usually the Labour Commissioner) for certification. The submission must include:
  • Two copies of the draft standing orders
  • Details of consultations held with workmen
• Certification Process: The Certifying Officer will review the submitted draft and may ask for modifications. The officer will then certify the standing orders if they conform to the model standing orders prescribed under the Act.
• Display of Certified Orders: Once certified, the standing orders must be displayed prominently at the workplace. This ensures all employees are aware of the terms of employment.
• Compliance and Updates: Regularly review and update the standing orders as necessary, especially when there are changes in law or company policy. Compliance with the certified standing orders is mandatory as per Section 13 of the Industrial Employment (Standing Orders) Act.

Following these steps diligently will help ensure that your company complies with the legal requirements and fosters a positive working environment in Itanagar.