Standing Orders Certification Consultant Chandigarh Punjab & Haryana

Last Updated on March 14, 2020 by Legalseva.net

Industrial Employment (Standing Orders) Act 1946 makes it obligatory for industrial establishment to disclose conditions of employment to workmen by way of standing orders /service rules and to make them known to employees.

This post generalizes the process for obtaining Standing Orders certified by Authority and in particular the process being adopted in State of Haryana.

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To whom applicable– Industrial establishment where 50 or more are employed in Haryana and 100 for others.
Process-
1. Draft standing order (SO)
2. Submit to certifying officers (CO) in sync with Section 3 of Industrial Employment (Standing Order) Act, 1946. IE/SO/Act, 1946
3. Purpose – So in managing day-to-day affairs of workmen
4. For less than 50 models standard orders applicable schedule I or rules.
Who can Grant
1. Joint Labour commissioner as CO for respective areas under their controls.
Appellate Authority-
1. Industrial Tribunal – I

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Procedure:
1. Draft 5 copies of SO U/s 3 of IE (SO) Act, 1946 with Statement of Description of workmen employed under establishment under rule 5
2. CO shall forward it to Trade Union (TU)
3. Where there is no union to elected representative by workmen under Rule 6.
4. Notice of 15 days for both parties opportunity to explain implications of provision.
5. After consideration, CO will provide the certified draft and provide the copies of the draft to parties.
Penalty:-
1. 5000 fine, defiance of SO (Standing Officer) than 100 and in case of continuance, Rs 25 for each day default.
Process:-
1. What does it cover-Entry & exit to premises, hours of work, rates of wages, shift schedules, leave & attendance, misconduct provisions, process of termination or separation etc.
Provisions of SO:-
1. Regulates conditions of employment grievances misconduct etc. Of workers employed in industrial undertakings.

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Categorize Employees:-
1. Temporary, casual, permanent, badli, probationary etc.
Applicable Industrial Establishment:-
1. As defined in clause (ii) of section 2 of payment of wages Act, 1936.
To how many employees it is applicable:-
1. Haryana-50
2. Punjab-100
3. Chandigarh-100
Process:- CO (Regional LC or JLC) no. of copies
1. 10 of draft SO proposed for 15.
2. Provisions as per Model SO.
3. With appropriate list of workmen employed in IE.
4. Details of trade union members or list of representative employed along with Draft SP for certification.
5. CO decides whether or not the SP requires any modifications or not.
6. CO well sign & seal the submitted Draft as part of certification and share it to the employer.

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Any amendment to SO will be made only after 6 months on which the SO were certified and the last modifications there of came into operations.
The final SO will be pasted in English on language understood by Majority workmen at entrance.
On July 24, 2019, Haryana amended Punjab Shop & Establishment Act, which mandates all IE to apply for certification including ITS ITES. As there is no clarity in Definition of IE.
IE (SO) Act, 1946 (IESO) applicable to Punjab Shops & Commercial Establishment Act, 1958. Applicable to 50 or more workmen in preceding 12 months. – Formally defining workmen conditions.
IESO Act applicable to shops & establishments from (PWA), 1936, coverage wef 25, 2018 IESP, 1946.
Timeline: – Apply within 6 months from which 1946 Act becomes Applicable i.e. June 25, 2019. So far no exception from Haryana Court. Standard/Model for IT/ITES.
1. Workmen classification
2. Attendance
3. Termination
4. Misconduct
  1. Assign with Draft Standing orders for certification