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Standing orders

(Querist) 19 December 2013 This query is : Resolved 
Dear All,

Ours is a BPO/Call Center company having offices in Maharashtra, MP, Punjab, Bihar, WB,Orissa, AP, Kerala & TN.

We are registered under S&E Act and part of ITES Industry. We want to know whether, The Standing Orders Act is applicable for us in above states and is it mandatory to have SO certified by Lab.Dept.

However, we do have appropriate policies which covers from Recruitment to Retirement and are available in our internal website to all employees.

In Maharashtra the employee strenght is around 3000 and in other locations ranges from 1000 to 2000.

Kindly let us know if SO Act is applicable or not especially in Maharashtra.
R.K Nanda (Expert) 19 December 2013
CONSULT UR LA.
Kumar Doab (Expert) 19 December 2013
You have rightly noted that you are covered by Shops and Commercial Establishments Act and also in other thread initiated by you at:


http://www.lawyersclubindia.com/experts/Standing-Orders-426366.asp#.UrKmL9IW1MA


Standing Orders are applicable.

>> Maharashtra:

Model standing orders are framed under Industrial Employment (standing orders) Act1946.

The Standing Order Act is applicable to all establishments to which the Payment of Wages Act, 1936 applies. Section 2 (e) (iv).....................


They are applicable to all Industrial Establishments employing100 or more workmen (In maharashtra 50).
Industrial establishment is defined in the said Act.

In general in Maharashtra it is applicable to all factories, commercial establishments...................employing 50 or more workmen. Thus banks, factories, commercial establishments are covered. it is immaterial whether the Industry is Pvt.Ltd, Public Ltd. or proprietary.....................concern. It is further immaterial whether the industrial establishment engages in manufacturing, IT, or has shops selling grocery etc.


It is mandatory to adhere to provisions of Industrial Employment(standing orders)Act and non compliance may invite punishment.


Bombay Shops and Commercial Establishments Act:
38:

^[ЗВ-В. Application of Industrial Employment (Standing Orders) Act to .
establishments.-The provisions of the Industrial Employment (Standing Orders)
Act, 1946, in its application to the State of Maharashtra [(hereinafter in this
section referred to as "the said Act"), and the rules and standing orders (including
model standing orders) made thereunder from time to time, shall, mutatis
rnuimdis, apply to all establishments wherein fifty or more employees are
employed and to which this Act applies, as if they were industrial establishment
within the meaning of the said Act.
NOTES
By reason of S.38(b) the provisions of the Industrial Employment (Standing
Order) Aci, 1946 shall apply to all establishments to which the Bombay Shops
and Establishments Act applies as if they were industrial establishments within
the meaning of Industrial Employment (Standing Order) Act, 1946.

>> Standing Orders aim to provide good working conditions.

You may align your policies in line with with standing orders.

>> The state of Kerala has brought all commercial Establishments under the purview of standing orders and has notified all commercial establishments as Industrial Establishments under the Payment of Wages Act.

http://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UkxL_NKAqWM

>> The number of employees in each state mentioned by you is above 50.

It is not just due to number but it is for your own convenience to frame standing orders because a certified standing order is the basic document which can be referred to whenever a matter is to be clarified.

It is better to get the standing orders certified.


>> The terms and conditions of employment inconsistence with the Standing Orders would not survive.
ajay sethi (Expert) 19 December 2013
well advised by Kumar
Devajyoti Barman (Expert) 19 December 2013
do as advised....
Rajendra K Goyal (Expert) 19 December 2013
Well advised by the experts.
SHASHIDHAR A (Querist) 19 December 2013
Dear Kumar Sir,

Thank you for the advise. Other respected members, thanks for supporting the response.
V R SHROFF (Expert) 19 December 2013
BUT .. NOT FOLLOWED BY MAJORITY
BPO/Call Center /
AND Objecting their practice of longer work hrs/ ot payment, AT COST OF JOB.
Raj Kumar Makkad (Expert) 20 December 2013
I do endorse the advice of doab.


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