Standing Order in Labour Law

If you are an employee who works on a Manufacturing Industry might have heard the term Standing Order. So, what is standing order means and why it exists in manufacturing site even if there are various laws to labor regulation.

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In my opinion the answer is simple. A factory caries its own dynamics as far as location, geopolitical scenario is concerned. When a factory is set up after a challenging environment and able to commission its manufacturing process with a set of people.

It is obvious that the said person and set of persons start creating nuisance, show indiscipline behavior. Body of person may create strikes inside the premises or Infront of Maingate of the factory. All these activities lead property damage and personal threat to other employees. Finally, it results into loss of production of the Company.

To prevent those unethical activities and inappropriate behavior of employees a company formulates its own standing order which is appropriate for the Factory and Factory workers.

What is Standing Order ?

A standing order is a set rule. These rules are binding to all the employees working in the Factory premises. These rules can be amended as time pass by and dynamics of the Organization changes. The Organization shall certify Standing Order from appropriate Government authority.

What important points considered in Standing order?

Generally, below mentioned points were included in Standing Order,

Type Of workmen
Types of Leaves like Earned Leave, Medical Leave, Casual Leave
Leave rules and Conditions
Retirement or Superannuation Age of Workmen
Holidays like National Holiday, Festival Holiday, Customary or Optional Holidays
Procedure of Grievance redressal & unfair treatments.
Process for termination of Employment, Dismissal, Suspension.
Clause for Misconduct

How to apply Standing Order?

Concerned employee of the Factory shall follow below 5 steps to apply Standing Order,

Step-I: Draft Standing Order.

Step-II: Send to Certifying Officer.

Step-III: Certifying Officer call & discuss with concerned Employee representatives & management Representatives.

Step-IV: Issue Certified Order.

Step-V: Appeal can be listened if any after issue of Order.

Who approves Standing Order?

Certifying Officer under State Government can approve the Standing Order as per Labour Law.

Who can be Certifying Officer?

Any ALC & DLC appointed under State Government can be eligible for Certifying Officer as per the rules of Standing Order Act.

How many days required to approve standing order?

Within the time limit of 6 Months Standing Order shall be approved by the Certifying Officer.

What is the importance of Union for approval of Standing Order?

Workmen representative of Union was call to the office of ALC, Certifying Officer to discuss the written points in the Standing Order. The duty of Union member is to understand the relevancy and importance of those points whether those points can be incorporated in the Standing order.

What happens if Standing Order fails ?

If any Organization fails to obtain Certified Standing order, it can follow draft Standing Order inside the Factory.

Procedure of Standing Order:

What is the procedure to approve Standing Order?

Step:1 Company draft a standing order referring to Model Standing Order.

Step: 2 Then the drafted standing order sent to Certifying Officer for verification. And a same copy is sent to Union linked to Company and District administration.

Step:3 Certifying Officer go through the standing Order and made necessary changes if required. Give ample time to Union members to anchor their concerns.

Step:4 Approve the standing Order. Give a date after that the standing order effective as Certified Standing Order. Then it is binding to both Company and the Workmen.

What is the Importance of Standing Order ?

Historically due to arrival and of various labour law in Industry, workers used those rules as the tools to create nuisances for work stoppage and ensure various unnecessary benefits. Gradually it was seen the productivity of workers decline.

Therefore Standing Order which is binding in nature to both employee and employer to ensure real work and ensure welfare standard.

What is Misconduct & what behavior is considered as Misconduct?

Any act or behavior which is inappropriate and unacceptable as per Standing Order. Those behavior are defined under Standing Order and it was vetted by Certifying Officer.

Example of Behavior are mentioned below,

Theft & Riotous activity
Sexual harassment
Antisocial and unethical activity
Damage to Company property and manpower, land etc.
Absconding, Absenting and late coming