STANDING ORDER CERTIFICATE SERVICES

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Welcome to Sankhla Consultant’s Standing Order Certificate Services

Ensure compliance effortlessly with Sankhla Consultant’s expert standing order certificate services. Our dedicated team simplifies the process, ensuring regulatory adherence and peace of mind.

Certification of Standing Orders is a legal process under the Industrial Employment (Standing Orders) Act, 1946, aimed at standardizing employment terms and conditions for workers in industrial establishments. The objective is to promote transparency, reduce disputes, and provide clarity on employee rights and responsibilities.

Submission of Draft Standing Orders

Benefits of Standing Order Certificate compliance:

Optimize Your Business with Standing Order Certificate Services: Essential Benefits

  • Streamlined Process: Our streamlined approach guarantees efficient handling of standing order certificates.
  • Expert Guidance: Benefit from expert guidance tailored to your specific requirements.
  • Comprehensive Compliance: Ensure full regulatory compliance without the hassle.
  • Improves industrial harmony and regulatory compliance.

Why Choose Us: Choose Sankhla Consultant’s for

Experience

Years of experience in handling standing order certificates.

Reliability

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Customer Focus

Dedicated support and personalized service.

Services Offered:

Certificates

Secure issuance and management of standing order certificates.

Consultation

Expert consultations to navigate regulatory requirements seamlessly.

Custom Solutions

Tailored solutions to meet unique business needs.

Procedure for Certification of Standing Orders as per Labour Law

The Industrial Employment (Standing Orders) Act, 1946 mandates standing order certification procedure in industrial establishments with 100 or more workers. This process ensures transparency in employment terms, fostering better relationships between employers and employees. Here’s a step-by-step breakdown of the Standing order certification process:

  • The employer must prepare and submit draft standing orders covering employment terms such as working hours, wages, leave policies, and termination procedures.
  • The draft is submitted to the Certifying Officer, who is typically the Labour Commissioner or an appointed officer.
  • Upon receiving the draft, the Certifying Officer will provide a copy to the employees or their representative (like a trade union).
  • Workers have a chance to examine the draft and raise objections if necessary.
  • The Certifying Officer will conduct a hearing to consider any objections raised by the workers.
  • Both employer and employees (or their representatives) are allowed to present their views.
  • Based on the objections and feedback, the Certifying Officer may suggest modifications to the draft standing orders.
  • The employer can accept or contest these modifications.
  • Once the objections are addressed, the Certifying Officer certifies the standing orders.
  • A copy of the certified standing orders is sent to both the employer and the employees.
  • The certified standing orders come into effect from the date specified by the Certifying Officer.
  • They remain binding on both parties (employer and employees) and must be prominently displayed at the workplace.

If either party (employer or employees) is dissatisfied with the certified standing orders, they can file an appeal to the Appellate Authority within 30 days. The Appellate Authority’s decision on the matter is final.

  • Section 3: Submission of draft standing orders.
  • Section 5: Certification procedure.
  • Section 6: Appeal process.

Standing order certification FAQs:-

The certification process of Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, ensures that employers and employees have a clear understanding of terms and conditions of employment. The process is crucial for industries with more than 100 employees. Here’s a breakdown of the certification process:

  1. Draft Submission: The employer submits a draft of Standing Orders to the Certifying Officer within six months of the commencement of operations. The draft includes rules related to work hours, wages, conduct, leave policies, and other employment conditions.
  2. Consultation with Trade Unions: The Certifying Officer sends the draft to employee representatives or trade unions for review. They may suggest modifications or objections.
  3. Hearing and Amendments: A hearing is conducted where both the employer and employees/trade unions present their cases. If required, amendments are suggested by the Certifying Officer.
  4. Certification: Once any objections are addressed and the draft complies with the legal requirements, the Certifying Officer certifies the Standing Orders. They are then considered legally binding on both the employer and employees.
  5. Implementation: After certification, the employer must prominently display the Standing Orders at the workplace for employees’ reference.
  6. Appeal Process: If either party disagrees with the certification, they can appeal to the Appellate Authority within 30 days of the certification.

This process ensures clarity in employment terms, minimizing disputes, and fostering industrial harmony.

The conditions for certification of Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, ensure that employment terms are fair and transparent. To achieve certification, certain conditions must be met, including:

  1. Submission of Draft: The employer must submit a draft of the Standing Orders to the Certifying Officer, detailing employment conditions such as working hours, wage rates, leave policies, termination, and disciplinary actions.
  2. Compliance with Model Standing Orders: The draft Standing Orders must be aligned with the Model Standing Orders provided by the government. Any deviation must be justified and should not disadvantage employees.
  3. Consultation with Employee Representatives: The draft must be shared with employee representatives or trade unions to address their concerns and objections, ensuring a fair process.
  4. Fairness and Reasonableness: The conditions outlined in the Standing Orders must be fair, reasonable, and applicable to the specific industry.
  5. Legal Compliance: The draft must comply with all existing labour laws and regulations to avoid conflicts with statutory provisions.
  6. Certifying Officer’s Approval: The Certifying Officer will review the draft, consider objections from employees or trade unions, and ensure that the conditions promote industrial peace and comply with legal standards before certifying the Standing Orders.

These conditions ensure that both employers and employees have clear, legally compliant guidelines, fostering better workplace relationships.

The Certifying Officer is responsible for approving Standing Orders under the Industrial Employment (Standing Orders) Act, 1946. After the employer submits the draft Standing Orders, the Certifying Officer reviews them to ensure compliance with legal provisions and fairness towards employees. The officer also considers objections raised by employees or trade unions. Once satisfied that the Standing Orders meet the legal requirements, the Certifying Officer grants approval. The Labour Commissioner or an officer appointed by the government typically serves as the Certifying Officer, ensuring transparency and fair employment practices.

There are various types of Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, which serve to regulate employer-employee relations. The key types include:

  1. Classification of Workmen: Defines categories such as permanent, temporary, casual, probationers, or apprentices.
  2. Manner of Termination: Rules regarding notice periods and conditions for termination of employment.
  3. Work Hours and Shifts: Policies on working hours, shifts, and breaks.
  4. Leave and Holidays: Regulations on paid leave, holidays, and absenteeism.
  5. Disciplinary Actions: Guidelines for handling misconduct and penalties.
  6. Wage Payment: Standards for payment of wages and wage periods.

These Standing Orders help maintain clarity and compliance with labour laws.

If a Standing Order fails to get certified under the Industrial Employment (Standing Orders) Act, 1946, the employer must follow the model standing orders prescribed by the government. These model standing orders are a default set of rules governing conditions of employment until specific standing orders are certified.

In case of non-compliance or failure, the consequences may include:

  1. Legal Penalties: Employers may face fines or legal penalties for non-compliance.
  2. Employee Disputes: A lack of certified standing orders can lead to increased disputes regarding employment terms.
  3. Government Intervention: Authorities may enforce the model standing orders, potentially overriding any company-specific policies.

Ensuring compliance with standing orders helps in reducing conflicts and maintaining proper industrial relations.

Yes, Certified Standing Orders are applicable to contract workmen if the contract workmen are employed directly by an establishment that has certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The certified standing orders define the terms and conditions of employment, which may include rules on working hours, leave, conduct, and termination.

However, if the contract workmen are employed through a contractor, then the specific terms of employment are governed by the Contract Labour (Regulation and Abolition) Act, 1970, and not directly by the certified standing orders of the principal employer.

Employers must ensure compliance with both the Standing Orders and contract labour regulations to avoid legal complications and ensure a harmonious workplace.

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