The Industrial Employment (Standing Orders) ACT 1946 – Model Standing Order Only – Brief Notes

The Model Standing Order is one which is adopted for the period commencing on the date on which this Act becomes applicable to an establishment and ends on the date on which the standing orders is certified. Sections 13(2), Section 13A and section 9 shall apply to the model standing order like it does to the certified standing orders.

These provisions shall not apply to an industrial establishment in respect of which the appropriate government is the –

a) Government of Gujarat

b) Government of Maharashtra

In case, where there are two categories of workers, namely, daily rate workers and monthly rated workers, but the certified standing order are in respect of daily rated workmen only, then model standing order may be made applicable to the monthly rated workmen.

  • The aim of the Act is to consistently provide a Standing Order for workers in factories and other establishments so that the employee is aware of the terms and conditions of the employment and can avoid exploitation.
  • The Act includes under its purview specific industrial establishments with 100 or more workers such as factories, railways and industrial establishments defined under the Payment of Wages Act.
  • The employer must get the Standing Order certified by the relevant authority of the Labour Commissioner, regional Labour Commissioner or an authorised certifying officer by submitting five copies of the draft standing order. Failure to do so attracts a penalty of up to Rs. 5000.
  • The order must contain a classification of the workforce, ways of informing the employee of holidays and working hours, provisions regarding termination and notice period, act or omissions regarded as misconduct, grievance redressal mechanism in case of mistreatment, the procedure for applying for leaves etc.
  • If an employee is suspended or under investigation regarding misconduct or any complaint, he is entitled to receive subsistence allowance.