Setting Up of Business, Industrial and Labour Laws · The Industrial Relations Code, 2020

Standing Orders and Fixed Term Employment under the Industrial Relations Code, 2020

Updated 11 October 2026 · Fact-checked

Standing orders are written rules of service, such as classification of workers, working hours, leave and termination, that an employer draws up for an establishment and gets certified by the certifying officer. Fixed term employment is work under a written contract for a set period. Solve questions by stating the provision, applying the facts, then concluding.

Understand Standing Orders and Fixed Term Employment

Workers in a large establishment need to know the terms they are working under. Standing orders do this. They are written rules of conduct and service conditions that the employer must have for matters listed in the First Schedule to the Code. This regime applies to industrial establishments to which the Chapter applies. Check the applicability conditions in your study material.

The Central Government makes model standing orders under section 29. The employer then has two routes. Route one: adopt the model standing orders for the matters relevant to the establishment. Under section 30(3) these are deemed certified, and the employer only informs the certifying officer. Route two: prepare own draft standing orders based on the model, covering every First Schedule matter, and send them for certification.

The draft goes through a procedure. The employer must first consult the trade unions, recognised negotiating union or members of the negotiating council. The draft is then sent, electronically or otherwise, to the certifying officer. The officer issues notice to the union or workers' representatives, takes their comments, hears them, and decides whether any modification or addition is needed. The standing orders are certifiable only if they cover every applicable First Schedule matter and conform to the Code. The officer or appellate authority can also look at the fairness or reasonableness of the provisions, keeping the model standing orders in view.

Once certified, standing orders are not easily changed. They cannot be modified for six months from the date they, or their last modification, came into operation, unless the employer and the workers or their union agree. Doubts about application or interpretation go to the Tribunal, whose decision is final and binding.

Fixed term employment is a separate idea. A fixed term employee is engaged on a written contract for a fixed period. The Code attaches specific conditions to this form of employment, including how it compares with permanent employment. Learn those conditions from the Code's definition and your study material before you write an answer, since the text supplied here covers standing orders only.

Key rules to remember

Employer's duty to prepare draft: Draft standing orders within 6 months from commencement of the Code (s. 30(1)); draft modifications within 6 months from the date the Chapter becomes applicable to the establishment (s. 30(4)); The draft must be based on the model standing orders and cover every First Schedule matter. The two six-month periods start from different events, so do not merge them.
Consultation before sending the draft: Employer consults Trade Unions / recognised negotiating union / members of negotiating council, then forwards the draft to the certifying officer (s. 30(2)); Consultation comes first; forwarding comes after.
Adoption of model standing orders: Model standing orders adopted = deemed certified; employer informs certifying officer (s. 30(3)); Officer may still direct amendment of adopted orders within the prescribed period if he has observations.
Certification time limit: Certifying officer completes the procedure within 60 days of receipt of the draft or the draft modifications; failing which they are deemed certified on expiry of that period (proviso to s. 30(5)); Applies to drafts and to draft modifications. On deemed certification they take effect as certified. Section 30(8) provides for copies to be sent within 7 days after the officer certifies.
Certifiability test: Standing orders certifiable if (a) every applicable First Schedule matter is provided for and (b) they conform to the Code (s. 30(6)); Fairness and reasonableness is judged against the model standing orders (s. 30(7)).
Copies after certification: Certified copies sent within 7 days to the employer and to the negotiating union/council, Trade Union or worker representatives (s. 30(8)); Seven days run from certification by the officer.
Interim model standing orders: From applicability of the Chapter until final certified standing orders come into operation, model standing orders are deemed adopted (s. 29(2)); Section 35 on modification also applies to them.
Lock-in on modification: No modification until 6 months from date standing orders or last modification came into operation, unless agreement (s. 35(1)); Modification applications follow the same procedure as first-time certification (s. 35(3)).
Disputes on interpretation: Employer, worker or Trade Union may apply to the Tribunal; decision final and binding (s. 37); Tribunal must give all parties a reasonable opportunity of being heard.
Fixed term employment: Fixed term employee: engaged on a written contract for a fixed period; The Code's definition attaches conditions to this form of employment. Learn them from the Code and your study material. The text supplied here covers standing orders only.

How to solve Standing Orders and Fixed Term Employment questions

Use the same order for any question on standing orders or fixed term employment. It matches the ICSI style: provision, analysis, conclusion.

1Identify what is asked: preparation, certification, modification, interpretation, or fixed term employment.
2Write the governing rule in plain words and cite the section, for example section 30 for preparation and certification, section 35 for modification, section 37 for interpretation.
3Check the applicability facts: whether the establishment is an industrial establishment to which the Chapter applies.
4Decide which route the employer used: adopted model standing orders, or own draft. This decides whether certification is deemed or procedural.
5Apply the time limits to the facts: 6 months from commencement of the Code for the draft (s. 30(1)), 6 months from the Chapter becoming applicable for draft modifications (s. 30(4)), 60 days for the officer, 7 days for copies after certification, 6 months lock-in for modification.
6For fixed term cases, test the facts against the written contract, the fixed period and the conditions in the Code's definition, as given in your study material.
7Write a clear conclusion that answers the question in one or two sentences.

Quickest way: Number-and-route check

When to use it: Use this for short-note or problem questions when you have under ten minutes.

Jot down the numbers: 6 months from commencement of the Code (draft, s. 30(1)), 6 months from the Chapter becoming applicable (draft modifications, s. 30(4)), 60 days, 7 days, 6 months lock-in.
Ask: model adopted or own draft? Model adopted means deemed certified.
Ask: has the officer finished within 60 days? If not, deemed certified.
Ask: has 6 months passed since operation? If not, modification needs agreement.
For fixed term, write: written contract, fixed period, and the conditions in the Code's definition.
Close with the section number and a one-line conclusion.

Common mistakes in Standing Orders and Fixed Term Employment

Saying the model standing orders always need full certification proceedings.
Students remember the procedure and forget the shortcut.
Fix: Under section 30(3), adopted model standing orders are deemed certified. The employer only forwards information, though the officer may direct amendments.
Forgetting the 60-day deemed certification rule.
Students assume silence by the officer means rejection.
Fix: If the certifying officer does not finish within 60 days, the draft or the modification is deemed certified.
Allowing modification at any time.
Students think an employer can change service rules whenever needed.
Fix: Certified standing orders are not liable to modification for six months from operation or last modification, except on agreement. Any application then follows the certification procedure.
Skipping consultation with the union before sending the draft.
Students focus on the certifying officer's hearing and miss the employer's duty.
Fix: Under section 30(2) the employer consults the union, negotiating union or council members first, then forwards the draft.
Treating fixed term employment as casual work without written terms.
The word 'temporary' suggests an informal arrangement.
Fix: Fixed term employment rests on a written contract for a fixed period. Learn the conditions in the Code's definition from your study material instead of guessing them.
Saying a party can go to a civil court to interpret standing orders.
Students overlook the special machinery.
Fix: Section 37 sends such questions to the Tribunal, which gives a final and binding decision.

Worked examples

Example 1

Sundaram Textiles Ltd., an industrial establishment, forwarded its draft standing orders, prepared after consulting the recognised negotiating union, to the certifying officer. The officer took no decision for 75 days. The employer asks whether the standing orders are certified. Advise.

Show the solution

Rule: under the proviso to section 30(5), the certifying officer must complete the certification procedure within sixty days of receipt of the draft. If not, the draft is deemed certified on expiry of that period.
Facts: the employer consulted the recognised negotiating union and forwarded the draft, so the preparation steps in section 30(1) and (2) are met, assuming it covers all First Schedule matters.
Application: 75 days is more than 60 days. The officer made no order in time.
Result: the draft is deemed certified on expiry of the sixty days, so the standing orders take effect as certified and the officer's later silence does not matter.

Answer: Yes. The draft standing orders of Sundaram Textiles Ltd. are deemed certified on expiry of sixty days from receipt under the proviso to section 30(5). Section 30(8) provides for copies to be sent within seven days after the officer certifies.

Example 2

Standing orders of Bharat Engineering Ltd. came into operation on 1 April. On 1 August, the management wants to change the leave rules. The union does not agree. Can the standing orders be modified?

Show the solution

Rule: section 35(1) says certified standing orders are not liable to modification until the expiry of six months from the date they, or their last modification, came into operation, except on an agreement between employer and workers or union.
Facts: operation began on 1 April. Six months end on 1 October. The request is made on 1 August, so only four months have passed.
Application: the union does not agree, so the exception for an agreement does not apply.
Procedure for later: after six months, an employer or worker or union can apply to the certifying officer, and the certification provisions apply as for first-time standing orders (section 35(2) and (3)).

Answer: No. The standing orders cannot be modified on 1 August, because six months have not passed and there is no agreement. After six months, the employer may apply to the certifying officer, and the usual certification procedure will apply.

Exam tips

Learn the numbers: 6 months from commencement of the Code (draft, s. 30(1)), 6 months from the Chapter becoming applicable (draft modifications, s. 30(4)), 60 days (officer), 7 days (copies after certification) and 6 months (lock-in). Problem questions test them.
Always cite section 30 for preparation and certification, section 35 for modification and section 37 for Tribunal disputes.
In a short note on fixed term employment, state the written contract and fixed period, then the conditions from the Code's definition as given in your study material.
Use the structure provision, application, conclusion, even for a 5-mark answer.
Mention both routes, adoption of model standing orders and own draft. Examiners like the contrast.

Practice questions from The Industrial Relations Code, 2020

Standing Orders and Fixed Term Employment in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalStanding Orders and Conditions of Employment

Standing Orders and Fixed Term Employment: frequently asked questions

Do standing orders apply to every establishment under the Industrial Relations Code, 2020?

No. The requirement applies to industrial establishments to which the Chapter on standing orders applies. Confirm the applicability conditions and any exceptions in your study material.

What happens if an employer adopts the model standing orders?

Under section 30(3), the model standing orders adopted for the relevant matters are deemed certified. The employer informs the certifying officer in the prescribed manner. The officer may direct an amendment within the prescribed period.

Can certified standing orders be changed?

Yes, but not within six months of coming into operation or of the last modification, unless the employer and workers or their union agree. After that, an employer, worker or union may apply to the certifying officer under section 35.

What is fixed term employment in simple words?

It is employment on a written contract for a fixed period. The Code attaches specific conditions to it. Learn them from the Code's definition and your study material, as the text supplied here covers standing orders only.

Who decides disputes about interpreting standing orders?

The Tribunal under section 37. Any employer, worker or trade union concerned can apply. The Tribunal decides after hearing all parties and its decision is final and binding.