Certified standing order - notice period and applicability
Chintan Trivedi
(Querist) 07 October 2013
This query is : Resolved
Dear Expert,
Please advise me on the following:
1. A KPO, and also a private limited company located in Gurgaon and registred office in New Delhi, having more than 100 employee. Whether standing order applicable to it?
2. Can they deny to goving a copy of the same?
3. Can they make compulsion to serve three month notice period even if I am ready to pay for the short fall of the notice period (as per offer letter)
4. Can they have the period of notice more than what mentioned in the certified standing orders of the company.
Guest
(Expert) 07 October 2013
Replies to your queries are as follows:
1) Yes
2) No
3) Depends upon the terms & conditions included in your offer or appointment letter or the Standing Order
4) Same as mentioned against item (3) above.
Chintan Trivedi
(Querist) 07 October 2013
Dear PS Dhingraji,
Thanks you for your prompt reply.
In the SO itself mentioned that the notice period of one month, then how can a company put longer notice period in the arremennt or offer letter?
The word "at the dictition of the management" is a breach of the fundamental rights givn by the contitution. Itn't it? - It is my opinion only...
Legality if I will not serve notice period and ready to pay for the short fall.
Can they charge "penaly" over and above short notice receovey. The penaly cluase is added by the amendment of the HR policies (though the mail only and I have not given any acceptance to the amenedment)
Chintan Trivedi
(Querist) 07 October 2013
Dear PS Dhingraji,
Thanks you for your prompt reply.
In the SO itself mentioned that the notice period of one month, then how can a company put longer notice period in the arremennt or offer letter?
The word "at the dictition of the management" is a breach of the fundamental rights givn by the contitution. Itn't it? - It is my opinion only...
Legality if I will not serve notice period and ready to pay for the short fall.
Can they charge "penaly" over and above short notice receovey. The penaly cluase is added by the amendment of the HR policies (though the mail only and I have not given any acceptance to the amenedment)
Guest
(Expert) 07 October 2013
Dear Chintan,
You have not mentioned about what terms of employment were included in the offer or order of appointment and accepted by the employee on joining the srvice. If he has accepted, three months condition for resignation notice, that matter would need be taken up separately with the competent authority to settle industrial dispute/ labour office. He can win the case as per the SO. However, you can remind the management about the conditions prescribed in the SO. They can't force conditions other than the SO without introducing modification in the SO after due approval from the prescribed competent Authority.
About your concept of fundamental rights, you should not remain in misunderstanding, as notthing such falls within the scope of fundamental rights.
Chintan Trivedi
(Querist) 07 October 2013
Respected Sir,
Thanks for the prompt reply.
I am not ICWA and MBA (F) and do have legal understanding what you have. I am ever greatful to you advice.
I can not dicribe your help in words...so saying...Jay Hind...har..har..mahadev
Guest
(Expert) 07 October 2013
U r welcome.
Chintan Trivedi
(Querist) 07 October 2013
I will contact you in case I have to file a case against the co. via your e-mail ID.
Guest
(Expert) 07 October 2013
But please mind it, CSO are applicable only on non-executive workers, not the executive/ managers.
Rajendra K Goyal
(Expert) 07 October 2013
Well advised by the expert PS Dhingra ji, nothing more to add.
Chintan Trivedi
(Querist) 08 October 2013
Thanks for the inputs.
How do I confirm whether I am executive/manager of not for the purpose of application of CSO/SO?
If company deny to give a copy of the CSO/SO, then what are the source from which I can get the same?
Kumar Doab
(Expert) 10 October 2013
Shri P.S. Dhingra has already elaborated on the standing orders and has suggested the remedy to you.
Your labor consultant/service lawyer would have the perfect remedy and solution for your matter. You may approach your lawyer as ap. Shri Dhingra is from Delhi.
It is good that an employee wants to know and understand the applicability of Standing Orders which can be “The Solution” for employees.
This is precisely the reason why the employees in IT/ITeS/BPO/KPO have fought and have succeeded to end the exemption granted in Karnataka.
This is also the reason that why the employer’s association in Karnataka; KEO is till trying to press the govt to replace the word ‘Workman’ with ‘Employee’ in standing orders and is claiming it shall be suppressed by ‘License Raj’::::::: While the fact is that almost all states (including Haryana) have granted ‘Self Certification’ by electronic means to such companies and various other incentives.
Employees in these sectors in all states should unite.
Standing Orders are beneficial for employer too and encourage good working conditions.
>> “If company deny to give a copy of the CSO/SO, then what are the other source from which I can get the same?”
As already posted at;
http://www.lawyersclubindia.com/forum/Enforcebility-of-notice-period-by-the-employer-89560.asp#.Ula6s9KAqWM
You may write to concerned personnel in HR/Head-HR or good offices of appointing authority, MD,……………………………..
The company should display the standing orders as applicable to it (Certified/Model) at a conspicuous place/notice board and a certified copy should be supplied to employee at a reasonable cost say Rs.10/-.
If the HR or good offices do not revert employee or any one can approach:
Certifying Officer which is DLC in O/o Labor Commissioner……………………….
You have posted the redg. office of the company is at Delhi, so you may go thru:
“
8. “The register required to be maintained by section 8 of the Act shall be in Form III and shall be properly bound and the Certifying Officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying therefor on payment of a fee 3 calculated at the following rates per copy”
This is as posted by Govt. of Delhi at:
http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+%28Standing+Orders%29+Central+Rules,+1946
>> “How do I confirm whether I am executive/manager of not for the purpose of application of CSO/SO?’
If the company has its certified standing orders (CSO) then check if it has it extended the CSO to your designation?
Or check what is stated in it about the applicability………………………
Some companies may state that it covers ‘Employees’…………… (Clear description of designation) and some might state ‘Employee’ as per definition in ID Act………………..
If standing orders apply but are not certified Model Standing Orders should apply. In Model Standing Orders the terminology used is ‘Workman’………………………………..which is as defined in ID Act………………….
Your lawyer may ask you a set of structured questions and can opine that you would be covered as ‘Workman’ ……………………….
The IT/ITeS/BPO/KPO etc are imported ideas and the management of these companies depends a lot upon Global HR practices. The fancy and strange designations are given.
You shall be surprised to note that in many provinces/states of any countries e.g. California in U.S it is clearly defined which job is covered and which is exempted evn in case of computer professionals……………………
In India your labor consultant/service lawyer can opine employee would be covered or not.
Interestingly in one of the cases involving a pharma company a very senior official claimed coverage as ‘Workman’……………………………… He simply pleaded that he was not empowered to sign appointment letter, termination order, leave application and had to follow a check list to forward the various matters…………………….
This thread should address your other threads and comments posted at the profile of members/Experts too:
http://www.lawyersclubindia.com/forum/Standing-order-and-its-applicability-90023.asp#.UlJTHNKAqWM
http://www.lawyersclubindia.com/forum/Ececutive-manager-definition-90201.asp#.UlZFiNKAqWM
