Standing Orders

Drafting Standing Orders in Karnataka is a structured legal process governed by the Industrial Employment (Standing Orders) Act, 1946 and the Karnataka Industrial Employment (Standing Orders) Rules, 1961.

Key Requirements for Karnataka

• Applicability: In Karnataka, the Act generally applies to industrial establishments employing 50 or more workmen.

• Timeframe: You must prepare and submit your draft Standing Orders within six months from the date the Act becomes applicable to your establishment.

• Process:

  1. Preparation: Draft the standing orders covering all matters set out in the Schedule to the Act (e.g., classification of workmen, working hours, holidays, termination, suspension).

  2. Consultation: The draft must be discussed with the existing trade unions or representatives of the workmen before adoption, and you must maintain proof of this consultation.

  3. Submission: Submit five copies of the draft to the Certifying Officer (typically the Deputy Labour Commissioner of your area) using Form I.

  4. Documentation: Along with the draft, include a statement detailing the particulars of your workmen (as prescribed in Rule 5 of the 1961 Rules).

  5. Certification: If there is no dispute, the draft is adopted. If there is a disagreement between the employer and the workers/unions, the Certifying Officer will intervene to adjudicate and certify the orders.

• Publication: Once certified, the Standing Orders must be prominently displayed in the workplace in English and the language understood by the majority of your workmen.

Important Considerations

• Model Standing Orders: Your draft should, as far as is practicable, be in conformity with the Model Standing Orders provided in the Karnataka Rules.

• Exemptions: Certain sectors, such as IT and ITeS, have historically been granted exemptions or have had specific considerations regarding the application of the Act. It is highly recommended to verify the current status of your specific industry sector with a local legal expert or the Labour Department.

• Penalties: Failure to comply with these provisions can attract fines.

Summary: To draft Standing Orders in Karnataka, prepare a draft that aligns with the Model Standing Orders, consult with your employee representatives, and submit five copies in Form I to the local Deputy Labour Commissioner (Certifying Officer) along with the required workforce particulars within six months of the Act's applicability.