The Industrial Relations Code, 2020 (“Code”) brings together and streamlines important aspects of labour relations with the objective of promoting industrial harmony, transparency, and predictability in employer worker relationships. Among its most significant features are the provisions dealing with Standing Orders, Notice of Change and Voluntary Reference of Disputes to Arbitration. These mechanisms collectively regulate service conditions, ensure orderly consultation before altering employment terms and provide a consensual framework for resolving industrial disputes without prolonged adjudication. By codifying rights, obligations, and procedures, the Code seeks to balance managerial flexibility with worker protection while reducing uncertainty and conflict in industrial establishments.

To which industrial establishments do the provisions relating to standing orders apply?

These provisions apply to every industrial establishment in which three hundred or more workers are employed, or were employed, on any day during the preceding twelve months.

Are there any industrial establishments to which these provisions do not apply despite meeting the worker threshold?

Yes. These provisions do not apply to industrial establishments insofar as the workers employed therein are governed by service rules such as Fundamental and Supplementary Rules, Civil Services rules relating to classification, control, appeal, temporary service, leave, regulations applicable to civil services, defence civilians, railway establishment rules or any other rules or regulations notified by the appropriate Government.

Who is responsible for making model standing orders?

The Central Government is responsible for making model standing orders relating to conditions of service and other incidental or connected matters.

What is the status of model standing orders before final certification of standing orders for an establishment?

From the date these provisions become applicable to an industrial establishment until the date the standing orders are finally certified and come into operation, the model standing orders are deemed to be adopted in that establishment.

During this interim period, how are model standing orders treated?

During this period, the provisions applicable to certified standing orders relating to operation and modification apply to the model standing orders in the same manner.

What is the obligation of the employer regarding preparation of draft standing orders?

The employer must prepare draft standing orders within six months from the commencement of the Code, based on the model standing orders.

What matters must be covered in the draft standing orders prepared by the employer?

The draft standing orders must cover all matters specified in the First Schedule and any other necessary matters relevant to the nature of the industrial establishment, provided such provisions are not inconsistent with the Code.

Is consultation required before submitting draft standing orders?

Yes. The employer must consult the Trade Unions, recognised negotiating union, or members of the negotiating council, as applicable, before submitting the draft standing orders.

To whom are the draft standing orders submitted for certification?

The draft standing orders must be forwarded, electronically or otherwise, to the certifying officer for certification.

What happens if an employer........

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