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Avinash Kumar Sharma (Sr. Manager HR)     23 October 2011

Applicability of standing order

Dear All,

Model standing orders or standing orders after certification are applicable to those organisations where 100 or more persons are employed. But where less than 100 persons are employed what type of standing orders or rules should be applicable?

Regards,

Avinash Kumar Sharma




Learning

 4 Replies

H. S. Thukral (Lawyer)     23 October 2011

In case there are no certified standing orders, model standing orders shall be applicable. 

Avinash Kumar Sharma (Sr. Manager HR)     23 October 2011

Sir,

But I want to say that where less than 100 workmen are employed what would be applicable?

Regards,

Avinash

Vijayarajan (Executive Director)     24 October 2011

Where the Act dosen't apply there is no question of certified standing orders. There we will go for provisions and settlements under ID Act.

H. S. Thukral (Lawyer)     24 October 2011

If there are terms and conditions of service enumerated in the contract, the same shall be applicable. But if there are certain conditions of service which are not mentioned therein then Law could be reeferred to such as Shops and Establishment Act, Payment of Wages Act, National and othere Festival Holidays Act. etc. If there is still some avenues left Model Standing Orders  shall be guiding factors. Industrial Dispute Act is for settlement of disputes which arise between the employees and the employers. Individual disputes regarding one's service conditions can not be referred to Industrial Court. But if the dispute is raised by group of workmen demanding new service conditions or improvement in the existing ones and a settlement is arrived at  or an award is made by Industrial Tribunal the same shall become applicable superseding earlier terms.   


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