Labour Laws and Practice · Law of Industrial Relations
Standing Orders and Conditions of Employment under the Industrial Relations Code
Updated 11 October 2026 · Fact-checked
Standing orders are written rules that fix the conditions of service in an industrial establishment. Under the Industrial Relations Code, 2020, the employer drafts them from the model standing orders, consults unions, and gets them certified. Or the employer adopts the model orders, which are deemed certified. Changes follow a set procedure.
Understand Standing Orders and Conditions of Employment
Standing orders are the written service rules of an establishment. They cover matters such as classification of workers, working hours, attendance, leave, termination and disciplinary action. The idea is simple: every worker should know the terms of service in advance, and the employer should not change them at will.
The Central Government makes model standing orders under section 29. They act as a template. Until an establishment's own standing orders are finally certified and come into operation, the model standing orders are deemed to be adopted there. So there is no gap period without rules.
An employer then has two routes under section 30. Route one: prepare draft standing orders based on the model, covering every matter in the First Schedule and any other matter needed for the establishment. Consult the trade unions, recognised negotiating union or negotiating council members, then send the draft to the certifying officer. Route two: adopt the Central Government's model standing orders. These are deemed certified, and the employer only informs the certifying officer in the prescribed manner.
Certification is a quasi-judicial check. The certifying officer issues notice to the union or worker representatives, takes comments, hears them, and decides what changes make the draft certifiable. Standing orders are certifiable if they provide for every applicable First Schedule matter and conform to the Code. The officer or appellate authority also judges fairness and reasonableness, keeping the model standing orders in view.
In short: model orders are the template and the default; certified standing orders are the establishment's own approved version. Once certified, they bind both sides, and disputes about their meaning go to the Tribunal under section 37.
Key rules to remember
- Time to draft (section 30(1))
- Draft standing orders within 6 months from commencement of the Code
- Draft must follow the model, cover every First Schedule matter, and not be inconsistent with the Code.
- Adopting model orders (section 30(3))
- Model standing orders adopted = deemed certified
- Employer forwards information to the certifying officer. The officer may direct amendment of the adopted orders within a prescribed period if he has observations.
- Modification draft (section 30(4))
- Draft of modifications within 6 months from the date the Chapter becomes applicable to the establishment
- Sent to the certifying officer for certification of those modifications only.
- Certification time limit (section 30(5) proviso)
- Decide within 60 days of receipt, failing which deemed certified
- Applies to both the draft standing orders and the draft modifications.
- Certifiable test (section 30(6))
- Every applicable First Schedule matter provided for + conformity with the Code
- Both conditions must be met.
- Copies after certification (section 30(8))
- Send authenticated copies within 7 days to employer and union, council or worker representatives
- Copies go to the employer and to the negotiating union, council, Trade Union or representatives.
- Lock-in on modification (section 35(1))
- No modification for 6 months from operation of the orders or last modification, except by agreement
- Agreement between employer and workers, negotiating union, Trade Union or other representative body.
- Existing standing orders (section 30(11))
- Existing orders continue and are deemed certified under section 30(8)
- Only to the extent not inconsistent with the Code or its rules.
- Interpretation disputes (section 37)
- Apply to the Tribunal; decision is final and binding
- Tribunal of the territorial jurisdiction, after a reasonable opportunity of being heard to all parties.
How to solve Standing Orders and Conditions of Employment questions
Use this order for any problem or theory question on standing orders. It keeps your answer in the provision, analysis, conclusion format.
- 1Identify what is asked: preparation, adoption of model orders, certification, modification, or interpretation dispute.
- 2State the relevant section in plain words: section 29 for model orders, 30 for preparation and certification, 35 for modification, 37 for interpretation.
- 3List the facts that matter: who the employer is, whether a draft was sent, whether unions were consulted, dates, and whether model orders were adopted.
- 4Apply the time limits: 6 months for drafting, 60 days for certification, 7 days for sending copies, 6 months lock-in for modification.
- 5Check the certifiable test: every applicable First Schedule matter covered, and conformity with the Code.
- 6Check the procedure: consultation with unions, notice by the certifying officer, comments, hearing, written order.
- 7Conclude clearly: deemed certified or not, modification allowed or not, which forum applies. Add a practical compliance point such as filing the statement of workers' particulars.
Quickest way: Route and clock check
When to use it: Use when time is short and the question gives dates or asks whether something is valid.
- Decide the route: own draft or adopted model orders. Adopted model orders are deemed certified.
- Match the clock: 6 months (draft), 60 days (certification, then deemed certified), 7 days (copies), 6 months (no modification).
- Ask whether an agreement exists. It lifts the 6-month bar on modification.
- If the dispute is about meaning, the answer is the Tribunal under section 37.
- Write the conclusion in one line, then support it with the section.
Common mistakes in Standing Orders and Conditions of Employment
Saying model standing orders and certified standing orders are the same thing.
Both are called standing orders and adopted model orders are deemed certified.
Fix: Model orders are the Central Government template and the default until the establishment's orders operate. Certified standing orders are the establishment's own, approved by the certifying officer or deemed certified. Say this in one line.
Forgetting that the employer must consult unions before sending the draft.
Students focus on the certifying officer and miss section 30(2).
Fix: Write the order: draft, consult unions or negotiating council, forward to the certifying officer, notice and hearing, certification.
Mixing up the 60-day and 6-month periods.
Both appear in section 30 and look similar.
Fix: 6 months is the employer's time to draft or send modifications. 60 days is the certifying officer's time to decide, after which the draft is deemed certified.
Saying standing orders can never be modified in the first six months.
Students overlook the exception in section 35(1).
Fix: They cannot be modified for 6 months from operation or last modification except on agreement between the employer and the workers or their representative body.
Sending interpretation disputes to the certifying officer.
Students link all standing order matters to that officer.
Fix: Questions on application or interpretation of certified standing orders go to the Tribunal under section 37, whose decision is final and binding.
Writing that certification only checks Code compliance.
Section 30(6) is remembered but section 30(7) is skipped.
Fix: Add that the certifying officer or appellate authority also adjudicates fairness and reasonableness, keeping the model standing orders in view.
Worked examples
Example 1
Sundaram Textiles Ltd. is an industrial establishment to which the standing orders Chapter has become applicable. It prepares draft standing orders and sends them to the certifying officer without consulting the recognised negotiating union. The certifying officer does not decide the draft within 60 days of receipt. Advise on the position.
Show the solution
- Provision: Under section 30(2), the employer must consult the trade unions or recognised negotiating union or members of the negotiating council on the draft, and only then forward it to the certifying officer.
- Analysis of consultation: Sundaram skipped this step, so the employer did not follow the procedure laid down for preparing the draft.
- Provision on time: Under the proviso to section 30(5), the certifying officer must complete the certification procedure within 60 days of receipt. If not, the draft is deemed certified on expiry of that period.
- Analysis of time: The officer did not decide within 60 days, so the deemed certification rule is attracted on the facts given.
- Practical point: The officer is still required to issue notice to the union and hear it. The company should remedy the lapse by consulting the union now and keeping a record, and should also file the statement of workers' particulars required under section 30(9).
Answer: The employer breached section 30(2) by not consulting the union. Because the officer did not decide within 60 days, the draft is deemed certified under the proviso to section 30(5). The company should consult the union and document compliance to avoid challenge.
Example 2
Himalaya Steels Pvt. Ltd. has certified standing orders which came into operation on 1 April. On 1 July the management wants to change the shift timing rule. The workers' union has not agreed. Can the management modify the standing orders? What if the union agrees?
Show the solution
- Provision: Under section 35(1), certified standing orders cannot be modified until six months from the date they or the last modification came into operation, except on an agreement between the employer and the workers or a negotiating union, Trade Union or other representative body.
- Analysis: 1 April to 1 July is three months, so the six-month period has not expired. The union has not agreed, so the exception is not available.
- Conclusion on first part: The management cannot modify the standing orders on 1 July.
- If the union agrees: Under section 35(2), the employer applies to the certifying officer for modification, with copies of the proposed modifications and a certified copy of the agreement.
- Procedure: Under section 35(3), the provisions apply as for certification of first-time standing orders, so notice, comments, hearing and order follow.
- Later option: After six months, the employer, a worker or a union may apply for modification even without agreement, subject to section 35(2) and certification.
Answer: Without the union's agreement, no modification can be made on 1 July as the six-month period has not expired. With a union agreement, the employer may apply under section 35(2) with a certified copy of the agreement, and the certifying officer processes it as for first-time certification.
Exam tips
- Write the section number with each time limit. Examiners reward the right period attached to the right step.
- In case questions, follow the order: provision, facts, conclusion, and end with a compliance point such as consultation or filing the statement of workers' particulars.
- For the model versus certified difference, give three points: who makes them, status, and effect on the establishment.
- The elective is open book, so mark sections 29, 30, 35 and 37 in your copy. Still learn the periods, since you will not have time to hunt for them.
- If a question mentions fixed term employment, state that it is a related topic within the Code and answer from the definitions in your study material. Do not assume provisions not in the sections above.
Practice questions from Law of Industrial Relations
- Meghdoot Textiles Pvt Ltd and its workers agree in writing to refer a pay-structure dispute to two arbitrators, Mr. Iyer and Ms. Rao. Under …
- Sundaram Textiles Ltd, an industrial establishment to which the lay-off prohibition applies, retrenches Mr. Karthik, a worker whose last dra…
- Rajesh, a worker at Vindhya Steels, enjoys under his existing certified standing orders a benefit on a particular matter that is more favour…
- Sundaram Textiles Pvt Ltd, an industrial establishment to which the standing orders chapter of the Industrial Relations Code, 2020 has becom…
- Himalaya Foods Ltd forwarded its draft standing orders to the certifying officer on 1 March. The officer passed no order by 30 April, which …
Standing Orders and Conditions of Employment in other exams
The same ground in other exams, if you are preparing for more than one or want another angle on it.
Standing Orders and Conditions of Employment: frequently asked questions
What is the difference between model standing orders and certified standing orders?
Model standing orders are made by the Central Government under section 29 as a template and apply by default until the establishment's own orders operate. Certified standing orders are the establishment's own orders, certified by the certifying officer or deemed certified. An employer who adopts the model orders gets them deemed certified.
Within what time must the certifying officer certify standing orders?
Within 60 days of receiving the draft or the draft modifications. If the officer does not complete the procedure in that time, the draft or modifications are deemed certified on expiry of the period.
Can certified standing orders be modified?
Yes, but not until six months from the date they or the last modification came into operation, unless the employer and the workers or their representative body agree. An application goes to the certifying officer, and the certification procedure applies again.
Who decides a dispute about the meaning of standing orders?
The Tribunal within whose territorial jurisdiction the establishment is situated. The employer, a worker or the Trade Union may apply under section 37. After hearing all parties, the Tribunal's decision is final and binding.