My company in Kohima 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 Kohima, your company must comply with the provisions of the Industrial Employment (Standing Orders) Act, 1946, which mandates the establishment of standing orders in industrial establishments. Here is a detailed procedure you should follow:

• Determine Applicability: First, ascertain whether the Industrial Employment (Standing Orders) Act, 1946 applies to your establishment. It is applicable to:
  • Every industrial establishment wherein 100 or more workmen are employed.
  • Any establishment that is specifically notified by the appropriate government.
• Drafting the Standing Orders: The employer must draft standing orders that outline the conditions of employment. This should include:
  • Classification of workmen (permanent, temporary, probationary, etc.).
  • Working hours, attendance, and leave policies.
  • Rules concerning termination of employment.
  • Disciplinary procedures.
  • Grievance redressal mechanisms.
• Consultation with Workers: It is mandatory to consult with the workmen or their representatives to ensure the drafted standing orders are acceptable. This may involve:
  • Holding meetings or discussions with the workers.
  • Incorporating suggestions or modifications as deemed appropriate.
• Submission to Certifying Officer: Once finalized, submit the drafted standing orders to the Certifying Officer for approval. The steps include:
  • Filing an application (Form I) with the Certifying Officer.
  • Paying the prescribed fees.
• Review and Certification: The Certifying Officer will review the standing orders and may:
  • Certify the standing orders as they are.
  • Suggest modifications or reject them if they do not comply with the law.
  • Issue a certificate of standing orders under Section 7 of the Act.
• Display of Standing Orders: After certification, the standing orders must be prominently displayed in the workplace for all employees to see and understand.
• Periodic Review: It is advisable to periodically review and revise the standing orders to ensure they remain relevant and compliant with any changes in law.

By following these steps, your company can effectively formulate and implement standing orders that align with the Industrial Employment (Standing Orders) Act, 1946, ensuring clarity in the employer-employee relationship and compliance with labour laws.