Applicability of model standing orders
jagadish paranjape
(Querist) 21 September 2013
This query is : Resolved
The ownership and management of the establishment taken over by new company.The earlier establishment had certified standing orders.Shall model standing orders apply to new establishment till it gets standing orders amended or the old certified standing orders would continue to apply.
Regards.
Guest
(Expert) 21 September 2013
Depends upon the provisions of the MOU/ agreement between the two companies with specific reference to the clause of absorption of the establishment in the new organisation as well as the agreement with the unions/association of the old establishment. Please check these documents.
If no specific provisions exits in the MOU/agreement, unless any specific CSO is ordered to be made applicable from some specific date, the previous one will hold good for the employees taken on transfer/merger.
Rajendra K Goyal
(Expert) 21 September 2013
Well advised by the expert, nothing more to add.
V R SHROFF
(Expert) 21 September 2013
jAGDISHJI,
YOU ARE "advocate practicing in labour laws since 1982,before Labour and Industrial courts at pune.My clints include employers as well as trade unions and also individuals.In past,I had been president of Labour Law Practitioners Association Pune as well as Vice presidnt of Federation of labour law practitioners associations maharashtra"
SO WHO KNOWS BETTER THAN YOU???
HOWEVER, TO MY LITTLE KNOWLEDGE, "certified standing orders"ARTE APPLICABLE TO workmen IN INDUSTRIAL FACTORY/ OFFICE, and are standard one, without any specific changes, and binding all over Mah State. It's are Common, and usually no change is allowed , even if the Owner of Factory changes.
So old certified standing orders would continue to apply, unless changed and approved by Govt. Authority.
V R SHROFF
(Expert) 21 September 2013
jAGDISHJI,
YOU ARE "advocate practicing in labour laws since 1982,before Labour and Industrial courts at pune.My clints include employers as well as trade unions and also individuals.In past,I had been president of Labour Law Practitioners Association Pune as well as Vice presidnt of Federation of labour law practitioners associations maharashtra"
SO WHO KNOWS BETTER THAN YOU???
HOWEVER, TO MY LITTLE KNOWLEDGE, "certified standing orders"ARTE APPLICABLE TO workmen IN INDUSTRIAL FACTORY/ OFFICE, and are standard one, without any specific changes, and binding all over Mah State. It's are Common, and usually no change is allowed , even if the Owner of Factory changes.
So old certified standing orders would continue to apply, unless changed and approved by Govt. Authority.
R.K Nanda
(Expert) 21 September 2013
agree with dhingra Sir.
Sudhir Kumar, Advocate
(Expert) 21 September 2013
