Dear Members,
Can the order of a certifying authority of Standing Orders be challenged?
When the organisation wants to run in a particular style for the benefit of the employees or business, can the certifying authority reject or amend the standing order stating it is not there in the Model Standing Order.
Is it compulsory to reproduce the Model Standing Order ?
When both the parties ( Management & Union ) have agreed for the terms and conditions mentioned in the draft standing order, can he alter/reject the points mentioned in the standing orders?
How it can be challenged ?
Regards,
From India, undefined
Can the order of a certifying authority of Standing Orders be challenged?
When the organisation wants to run in a particular style for the benefit of the employees or business, can the certifying authority reject or amend the standing order stating it is not there in the Model Standing Order.
Is it compulsory to reproduce the Model Standing Order ?
When both the parties ( Management & Union ) have agreed for the terms and conditions mentioned in the draft standing order, can he alter/reject the points mentioned in the standing orders?
How it can be challenged ?
Regards,
From India, undefined
Dear Nagesh Adiga,
You not mentioned anything about "Order" of certifying Authority.Definitely, you as Employer can challenge the same.But, do you have sufficient grounds to challenge?
Which Clauses not permitted by certifying Authority?
Just because Management & Union have agreed for certain clauses, should not be construed that the same has to be certified.Certification will be as per the provisions provided under the Act
From India, New Delhi
606You not mentioned anything about "Order" of certifying Authority.Definitely, you as Employer can challenge the same.But, do you have sufficient grounds to challenge?
Which Clauses not permitted by certifying Authority?
Just because Management & Union have agreed for certain clauses, should not be construed that the same has to be certified.Certification will be as per the provisions provided under the Act
From India, New Delhi
Dear NAGESH ADIGA ji,
There is a procedure for certification of Standing Orders. On receipt of draft Standing Orders by the certifying authority, the certifying authority has to call and hear the employer and the workmen concerned and decide whether or not any changes are necessary in the draft before certifying. The certifying authority also sees that the draft submitted to him is in conformity with the provisions of the Industrial Employment (SO) Act, 1946 and with the prescribed Model Standing Orders.
Any of the parties aggrieved by the order of the Certifying Officer has to prefer an appeal to the Appellate Authority for the necessary relief within specific time. The order of the Appellate Authority is final.
Hope you got answer to your query.
From India, Mumbai
There is a procedure for certification of Standing Orders. On receipt of draft Standing Orders by the certifying authority, the certifying authority has to call and hear the employer and the workmen concerned and decide whether or not any changes are necessary in the draft before certifying. The certifying authority also sees that the draft submitted to him is in conformity with the provisions of the Industrial Employment (SO) Act, 1946 and with the prescribed Model Standing Orders.
Any of the parties aggrieved by the order of the Certifying Officer has to prefer an appeal to the Appellate Authority for the necessary relief within specific time. The order of the Appellate Authority is final.
Hope you got answer to your query.
From India, Mumbai
Dear Nagesh,
This is not as such as you narrated and asked.
Any part / portion of Certified Standing Order and its Condition may be changed and ammended but employer has to subit his request to the concerned authority with his Welfare Measures & Relevant Provision s which they want to change in CSO, and If possible make an agrrement with workers representative, duly signed. In that case authority will call both Rep from Employers & Workers Group / Unions and start its meeting / procceding. If Union is not available then ask for min 5 person from workers as representative.
Approving Authority may think in the light of Model Standing Orders and Better Options in the interset of workers. If all efforts are in right direction, may order for ammendement in CSO and effecting date.
Thanks
From India
This is not as such as you narrated and asked.
Any part / portion of Certified Standing Order and its Condition may be changed and ammended but employer has to subit his request to the concerned authority with his Welfare Measures & Relevant Provision s which they want to change in CSO, and If possible make an agrrement with workers representative, duly signed. In that case authority will call both Rep from Employers & Workers Group / Unions and start its meeting / procceding. If Union is not available then ask for min 5 person from workers as representative.
Approving Authority may think in the light of Model Standing Orders and Better Options in the interset of workers. If all efforts are in right direction, may order for ammendement in CSO and effecting date.
Thanks
From India
The authority will act as per the model standing orders. If you intent to deviate too much they have the right to reject your such standing order. After all you cannot circumvent the law completely.
The act provides for probation of 3 months but many orgs have certified standing order of 6 month probation. Just to give example of the extent of deviation permitted. Of course if the certifying officer objects, this change too can't be implemented as it is against standing order of 3 months probation period.
From India, Mumbai
The act provides for probation of 3 months but many orgs have certified standing order of 6 month probation. Just to give example of the extent of deviation permitted. Of course if the certifying officer objects, this change too can't be implemented as it is against standing order of 3 months probation period.
From India, Mumbai
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STANDING ORDER.doc