Standing Orders - My way of learning

I studied in a corporation school and I am not good in English, once my teacher advised me to read the sign boards kept in the shops while walking from home to school, if I not able to understand the meaning should refer the dictionary to learn. Yes the same habit continues still, in terms of HR referring labour law books whenever me and my HR friends get doubts.

One fine evening I received call from my good friend seeking my support to understand the standing orders for his client. He conveyed that his client has work force of 1000 employees and asked is standing orders applicable. I said standing orders is applicable if we have employee’s strength of 100 or more. He added that his client is not a manufacturing company instead provide service support in residential places (Plumbing, Carpenter, AC Service etc.).

The above note made me to stop a while and ignited to check the books before confirming. The following are the points which make us to understand whether standing orders applicable to service Industry. I am trying to define standing orders in simple terms as per my understanding not the definitions provided in the Act.

·        Standing orders is an agreed rule book between employee and employer, certified by appropriate authorities

·        HR handbook or Employee handbook is an advanced version of standing orders.

·        It contains all the employment terms which includes working hours, holidays, procedure for leave, misconducts etc.

·        In disciplinary cases it serves as guide to initiate action, employee can be punished only if the act committed by him is a misconduct as defined under the standing orders.

·        Model standing orders is applicable in the absence of certified standing orders.

·        It continue to be applicable if employee number falls below 100.

·        Applicability of standing order varies from state to State, need to refer state rules

Now it’s time to make our interpretation, does standing orders applicable for the above described company in Tamil Nadu.

In any act, first thing need to be assessed is the definitions, in standing orders act 1946 Section 2 e is the definition of “Industrial Establishment”. If your company is an industry which falls under this definition should adhere the provisions of standing orders.

Three key definitions referred in the Standing orders Industrial Establishment definition

1. Industry or other establishments as per payment of wages act

2. Factories as per factories act

3. Railways as per Indian Railways act

Refer your business nature with these 3 definitions, if your answer is yes start the process of getting your standing orders certified. If it is no, make your HR handbook or employee manual to establish the terms and conditions related to the employment.

It’s very clear that standing orders is not applicable to my friend clients company. I explained him with my above interpretations and it’s like referring dictionary for me during school days.

#Happylearning #HRfriends

S.Velpandiyan