Compliance Requirements under the Rules in Accordance with the Code

1. Preparation of draft standing orders by employer (Section 30(1))

Employers employing 300 or more workers must draft standing orders within six months of the Code’s commencement, based on model standing orders and other necessary provisions for their industrial establishment or undertaking, ensuring they do not conflict with the Code and cover all matters in the First Schedule.

2. Payment of Subsistence Allowance in case of suspension of workers in U.P (Section 38)

Certified Standing Orders shall provide that where any worker is suspended pending investigation/inquiry into complaints or charges of misconduct against him, employer shall pay subsistence allowance to such worker for the period of suspension.

Amount of subsistence allowance payable shall be

a) @ 50% of wages of the wages to which the worker was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and

b) @ 75% of wages for remaining period of suspension, if the delay in the completion of disciplinary proceedings against such worker is not directly attributable to the conduct of such worker.

    3. Certification of Standing Orders (Section 30(2), (3), (4), (9), (10) | Rule-32)

Employers adopting Central Govt. model standing orders must inform Certifying Officer(CO) electronically about adoption date. CO gives observations within 30 days; changes, if directed, must be made within 30 days. Group of employers in similar establishments may submit joint draft of standing order.

 (1) The employer must consult the Trade Union or negotiating body on the draft standing order and submit it, electronically or otherwise, to the certifying officer for approval.

(2) If the employer adopts the Central Government’s model standing order, it is deemed certified, and the employer must inform the certifying officer as prescribed. If there are observations, the officer may direct amendments within a specified time.

(3) Draft modifications to standing orders must be submitted within six months from the date this Chapter applies to the establishment as per Code.

(4) Draft standing orders or proposed modifications must be accompanied by prescribed details of the workers, their Trade Union, and any negotiating body.

(5) Employers of similar establishments may submit a joint draft. For such cases, “employer,” “Trade Union,” and “negotiating body” include all relevant parties from the group.

     4. Procedure for Worker Representation in Absence of Recognized Trade Union (Section 30(5)(ii) | Rule-33)

If no Trade Union exists as per section 30(5)(iii), the certifying officer may direct workers to elect five representatives themselves or via the Inspector-cum-Facilitator. A copy of the draft standing order shall be shared, inviting objections within 15 days of receiving the notice.
In the absence of a Trade Union, representatives of workers—selected as prescribed—shall be consulted for comments on the draft standing order. After receiving their input, the certifying officer must also hear the negotiating union, council, or relevant representatives. Based on this, the officer shall decide and issue a written order on whether modifications are needed to certify the draft standing order. The certification process must be completed within 60 days from the date of receipt of the draft or its modifications. If not completed within this period, the draft standing order or its modifications shall be deemed certified upon expiry of the 60 days.

5. Joint Draft Standing Orders by Similar Establishments and Certification Process (Section 30 (1),(5),(6),(8),(9) | Rule-36)

The joint draft standing orders, in cases of group of employers engaged in similar industrial establishments, will be drafted and submitted to the Labour Commissioner, Uttar Pradesh, who shall, in consultation with the concerned certifying officers, certify or refuse to certify the said joint draft standing order, after recording reasons.

6. Text of standing orders in English and in Hindi by establishment in U.P. (Section 33(1),(2) | Rule-38)

Text of the standing order as finally certified or deemed to have been certified or adopted model standing order under this Chapter shall be maintained by the employer in Hindi and in English and shall be displayed on the notice board at a conspicuous place in the industrial establishment.

7. Modification of Standing Order in U.P. (Section 35 | Rule-40)

Application for modification of standing order shall be submitted electronically and contain particulars of orders to be modified along with tabular statement containing details of provisions of standing order in force, and proposed modifications, reasons and details of registered Trade union(s).

• Such tabular statement shall be signed by a person authorized by the industrial establishment or undertaking.
• Certified standing orders shall not, except on an agreement between employer and workers, or a negotiating union or a Trade Union or other representative body of the workers, be liable to modification until expiry of 6 months from date on which the standing orders or last modifications thereof came into operation. Such an agreement shall also be filed along with application for modification.