Standing Orders

Standing Orders

The Act does not require the employer to pay off his workmen, it only requires the employer, if has power and authority (under the Standing Orders or the service Rules/Regulation or the Contract of Employment) to pay lay-off compensation. Needless to state that if the contract of Employment is silent on the issue of lay-off, the standing order or service Rules, Regulations will apply. However, if better terms of payment of lay-off are in the contract of employment then the workmen is entitled to payment in terms of the contract of employment but if the standing order provides for better terms of payments then the payments will be in terms of a standing order. But in no case, workmen can be paid a lesser amount of lay-off compensation than prescribed under the Act, He can receive the benefits but cannot be made to suffer by taking a lesser amount of lay-off compensation.Image result for standing orders in labour law
It is mandatory to have standing orders framed under the provisions of the Industrial Employment (Standing Order) Act, 1946. This Act Provides that the employer should frame the standing orders according to his requirements and get it certified as prescribed under that Act. Such standing orders are known as Certified Standing Orders. But in the absence of the certified standing orders, (as is laid down under the said Act) the Model Standing Order will apply. The Bombay Shops and Establishment Act (as applicable to Bombay) provides that provision of standing order in the said Act will be mutates mutanda applicable to shops and establishments to which the said Act is made applicable.