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Introduction
Standing Orders means the rules related to Classification of workmen, working hours, Attendance, Conditions and Procedure for obtaining Leave and the authority who may grant leave, Requirement to enter premises by certain gates, Rights and liabilities of the employer and workmen arising from Closing and temporary stoppages of work, Termination and Suspension or dismissal of the workmen, Means of redress for workmen against unfair treatment or wrongful exactions by the employer and Any other matter relating to industrial establishments in coal mines as specified in the Schedule of the Act.
Objectives of the Standing Orders
- To bring uniformity in terms and conditions of the employments.
- To foster harmonious relations between employers and employees.
- To make the conditions of service known to the workmen
- To regulate the conditions of recruitment, discharge, disciplinary action, leave, holidays, etc. of the workers employed in industrial establishments.
Applicability
The Act is extends to the whole of India. Further, every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months will come under Industrial Employment (Standing Orders) Act.
What is the procedure for submission of draft Standing Orders?
- Within six months from the date on which this Act becomes applicable to an industrial establishment, employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in Form I. It has to be accompanied by a statement giving prescribed particulars of the workmen employed including the name of the trade union, if any.
- The Draft Standing Order shave to cover every matter set out in the Schedule to the Act and more or less confirm to the Model Standing orders as prescribed by the Government.
Certification of Standing Orders.
On receipt of the draft Standing Orders, the Certifying Officer shall:
- Forward a copy to the workers’ trade union and if there is no such trade union, to the representative of the workmen along with the notice in Form II requiring their comments and objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.
- The Certifying Officer shall certify the draft standing orders, after making any modifications, and shall within seven days thereafter send copies of the certified standing orders authenticated along with his to the employer and to the trade union or other representatives of the workmen.
- Standing orders shall come into operation on the expiry of thirty days (30 days) from the date on which authenticated copies are sent.