By S&S Co. Advocates & Solicitors · Published 30 September 2026 · Informational content, not legal advice: see our disclaimer
Who the Act Applies To
The Industrial Employment (Standing Orders) Act, 1946 requires employers of a certain size to formally define, and get certified, the conditions of employment applicable to their workmen: matters such as classification of workers, hours of work, shift timings, leave, and the procedure for disciplinary action and termination. The original threshold set by the Central Act is 100 or more workmen, but several states, and in some cases the Central Government for establishments within its jurisdiction, have amended this threshold down to 50 workmen, so an employer needs to check both the Central Act and the applicable state amendment to determine whether it is covered.
The Default: Model Standing Orders
An establishment to which the Act applies is not left without rules simply because it has not yet certified its own standing orders. Until certification happens, the statutory Model Standing Orders, prescribed under the Act's rules, apply by default and govern the same categories of matters: classification of permanent, temporary, probationary and casual workers, shift and attendance rules, leave entitlements, and the procedure an employer must follow before terminating or disciplining a worker for misconduct. Many smaller and mid-sized establishments covered by the Act in practice continue operating entirely under the Model Standing Orders without ever certifying their own variant.
How the Industrial Relations Code, 2020 Changes the Threshold
The Industrial Relations Code, 2020 consolidates the Standing Orders Act, along with the Trade Unions Act and the Industrial Disputes Act, into a single code, and once the Code is brought into force in a given state, it raises the threshold for the standing-orders requirement to 300 workers. Because the Code's implementation has proceeded unevenly across states, with some states having notified their own rules under it and others still operating under the predecessor Acts, an employer should confirm the currently applicable threshold under the law in force in its specific state before assuming either the old or the new figure applies to it.
Getting Establishment-Specific Standing Orders Certified
An employer that wants its own, tailored standing orders rather than the generic Model Standing Orders must submit a draft to the Certifying Officer appointed under the Act. The Certifying Officer gives the workmen, or their recognised representatives, an opportunity to raise objections and representations on the draft before deciding whether to certify it, with or without modification. Either the employer or the workmen can appeal the Certifying Officer's decision to the appellate authority designated under the Act, so the certification process can take meaningfully longer where the draft proves contentious.
Consequences of Operating Without Certified Standing Orders
Where the Act applies and an establishment has neither certified its own standing orders nor correctly identified which Model Standing Orders provisions govern it, the employer risks disciplinary and termination actions being challenged for non-compliance with the applicable (default) standing orders' procedural requirements: a particular risk in dismissal cases, where a defective process can undo an otherwise justified termination regardless of the underlying misconduct.
Frequently Asked Questions
What is the threshold for the Standing Orders Act to apply to an establishment?
The original threshold under the 1946 Act is 100 or more workmen, though several states and the Central Government have lowered it to 50 for establishments within their jurisdiction by amendment.
Does the Industrial Relations Code, 2020 change this threshold?
Yes, once in force in a given state, the Industrial Relations Code, 2020 raises the standing-orders threshold to 300 workers and consolidates the certification process, though the exact applicable threshold still depends on the state's own notified rules.
What governs an establishment before its own standing orders are certified?
Until an employer's own standing orders are certified, the statutory Model Standing Orders apply by default and govern matters such as classification of workers, shift timings, leave, termination and disciplinary action.
What is the process to get establishment-specific standing orders certified?
The employer submits a draft to the Certifying Officer, who invites objections and representations from the workmen or their representatives, before certifying the standing orders; either side can appeal the Certifying Officer's decision to the appellate authority.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- The Industrial Employment (Standing Orders) Act, 1946, including the Model Standing Orders prescribed under its rules.
- The Industrial Relations Code, 2020, consolidating standing-orders certification and raising the applicable worker threshold, as notified and brought into force by individual states.