My company in Rohini needs to formulate standing orders for workers; what is the procedure under the Industrial Employment Act?
PA Asked by Parul Banerjee from India
Quick Answer
Under the Industrial Employment (Standing Orders) Act, 1946, every industrial establishment with 100 or more workers must define standing orders relating to conditions of employment, and submit them in the prescribed form to the Certifying Officer for certification.
Detailed Legal Analysis
Under the Industrial Employment (Standing Orders) Act, 1946, every industrial establishment with 100 or more workers must define standing orders relating to conditions of employment, and submit them in the prescribed form to the Certifying Officer for certification. The draft standing orders must be circulated to the workers and the trade union for objections, and a hearing is conducted before certification.
The certified standing orders cover classification of workers, attendance, leave, termination, misconduct, and disciplinary proceedings. The Delhi High Court may be approached if the certification is arbitrary or if the standing orders violate statutory rights.
The Delhi Rent Control Act 1958 on standing orders, being the state-specific rules, will prescribe the model standing orders. Any modification requires re-certification, and non-compliance attracts fine under Section 15.
The standing orders are binding on the employer and workers, and any contravention can be raised as an industrial dispute.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.