As per the provisions of law or according to case laws, if in case there is a conflict between 'Certified Standing orders' and 'Model Standing orders, what will prevail ?
From India
From India
We are in process of applying for certified standing orders, but doubtful in respect of some provisions as if we make a drastic change in the provisions of Model Standing orders and if at all the same has been certified, will it be prevail in future in case of conflict.
From India
From India
Dear colleague,
The certifying officer under the Act, will not permit any provisions in the draft of SOs for certification which are contrary to the MSO/ law and having no acceptable justification.Besides Union/ workmen representative also will oppose them .
Unless you have sound, logical and legal justification for the proposed changes, the same will not pass the muster.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
617The certifying officer under the Act, will not permit any provisions in the draft of SOs for certification which are contrary to the MSO/ law and having no acceptable justification.Besides Union/ workmen representative also will oppose them .
Unless you have sound, logical and legal justification for the proposed changes, the same will not pass the muster.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Dear Narendra,
I am not able to understand the hypothetical situation described by you.
Model Standing Orders is there only to be taken as a guideline when the employer drafts his Standing Orders and submit the same for certification. While framing the DSO, it is not necessary that it shall be a mere replica of the MSO.
There can be variations in certain conditions depending on the particular industrial requirements. If it is objected to by the workmen/ trade union participating in the certification process, the certifying officer will decide the issue based on the points of justification advanced on either side.
If any particular clause of the DSO is against the provisions of any law, principles of natural justice or empowering the employer with arbitrary powers, the C.O will not certify it.
Even in future, any clause of the certified S.O becomes inconsistent with subsequent amendments if any carried out to any law applicable to the industrial establishment, such a clause, though certified earlier, will not have operation to the extent of inconsistency.
If any subsequent amendments create any special rights, obligations, benefits etc., they can be added to the S.O by means of amendment process. Even a single workman can move an amendment.
From India, Salem
I am not able to understand the hypothetical situation described by you.
Model Standing Orders is there only to be taken as a guideline when the employer drafts his Standing Orders and submit the same for certification. While framing the DSO, it is not necessary that it shall be a mere replica of the MSO.
There can be variations in certain conditions depending on the particular industrial requirements. If it is objected to by the workmen/ trade union participating in the certification process, the certifying officer will decide the issue based on the points of justification advanced on either side.
If any particular clause of the DSO is against the provisions of any law, principles of natural justice or empowering the employer with arbitrary powers, the C.O will not certify it.
Even in future, any clause of the certified S.O becomes inconsistent with subsequent amendments if any carried out to any law applicable to the industrial establishment, such a clause, though certified earlier, will not have operation to the extent of inconsistency.
If any subsequent amendments create any special rights, obligations, benefits etc., they can be added to the S.O by means of amendment process. Even a single workman can move an amendment.
From India, Salem
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