What are Model Standing Orders? Explain the procedure for certifying standing orders.

Question: What are Model Standing Orders? Explain the procedure for certifying standing orders.

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Answer

Model Standing Orders refer to a set of rules and regulations that are implemented by organizations or businesses to maintain order and efficiency in the workplace. These orders are created with the intention of standardizing procedures, improving productivity, and ensuring the safety and well-being of employees.

Section 2(zj) of the Industrial Relations Code, 2020 defines standing orders as “orders relating to matters set out in the First Schedule”. As regards the First Schedule, it states eleven matters which are as follows:

1. Classification of workers;

2. Mechanism of intimidating attendance, wage rates, etc;

3. Shift working;

4. Attendance and late coming;

5. Conditions and procedure for leave application;

6. Requirement to enter premises by certain gates, and liability to search;

7. Non-functioning of certain areas and related rights and liabilities;

8. Conditions relating to termination;

9. Misconduct-related provisions;

10. Mechanism for redressal; and

11. Any matter notified by the appropriate government.

As regards Certified Standing Orders, a draft standing order is prepared by the employer based on First Schedule which is then sent to the Certifying Officer for certification. If the draft standing order is successfully certified, such standing order is enforced in the industrial establishment.

The Process of certification takes some time and till that time the model standing orders are made applicable as per Section 29(2). Nevertheless, the Code provides that any industrial establishment can even adopt the model standing orders and can inform the same to the Certifying Officer following Section 30(3) of the Code. These model standing orders are prepared by the Central Government as provided in Section 29(1) of the Code.

The Procedure for Certifying Standing Orders typically involves the following steps:

Preparation of Standing Orders: The first step in the process is to prepare the standing orders. This involves identifying the areas where standing orders are needed and drafting the rules and regulations to be included in the orders.

Consultation with Employees: Once the standing orders have been drafted, they should be shared with the employees. This is done to get their feedback and input on the orders. Employees may be given a period of time to review the orders and provide feedback.

Approval by Management: After the employees have provided feedback, the standing orders are reviewed and approved by the management. This ensures that the orders are in line with the company's policies and objectives.

Certification by the Labour Department: The final step is to have the standing orders certified by the labour department. This is done to ensure that the orders are in compliance with the labour laws and regulations of the country or state in which the business operates. The labour department will review the orders and may make recommendations or suggestions for changes before certifying them.

In summary, certifying standing orders involves preparing the orders, consulting with employees, obtaining management approval, and having the orders certified by the labour department. By following this process, organizations can ensure that their standing orders are effective, efficient, and in compliance with labour laws and regulations.