Section 30 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 30 is the working section of the standing orders chapter. It tells the employer to prepare draft standing orders within six months, consult the union, send the draft to the certifying officer, and sets out how the certifying officer decides, including a sixty-day deemed-certification rule. It has eleven sub-sections.
The employer prepares draft standing orders within six months from commencement of the Code, based on the model standing orders and covering every matter in the First Schedule (s.30(1)). He consults the unions or the negotiating union or council, and forwards the draft electronically or otherwise (s.30(2)). The certifying officer must finish within sixty days, failing which the draft is deemed certified (s.30(5) proviso). Certified copies go out within seven days (s.30(8)).
Section 30 at a glance
| Sub-section | What it does |
|---|---|
| 30(1) | Employer prepares draft standing orders within six months from commencement of the Code, based on the model orders, covering every First Schedule matter and any other necessary matter not inconsistent with the Code |
| 30(2) | Employer consults the Trade Unions, the recognised negotiating union or the negotiating council, then forwards the draft to the certifying officer |
| 30(3) | Adopting the model orders counts as deemed certification; employer informs the certifying officer as prescribed; the officer may direct amendment within the prescribed period |
| 30(4) | Draft of modifications sent for certification within six months from the date the Chapter becomes applicable |
| 30(5) | Certifying officer gives notice, takes comments, hears the union or representatives, decides in writing; 60 days or deemed certified |
| 30(6) | Standing orders are certifiable if they cover every applicable First Schedule matter and conform to the Code |
| 30(7) | Certifying officer or appellate authority adjudicates on fairness or reasonableness, keeping the model orders in view |
| 30(8) | Certifying officer certifies and within seven days sends authenticated copies |
| 30(9) | Draft comes with a statement of workers, their unions and the negotiating body |
| 30(10) | Group of employers in similar establishments may submit a joint draft |
| 30(11) | Existing standing orders continue, deemed certified under (8), so far as consistent with the Code |
Preparing and filing the draft: s.30(1), (2) and (4)
The draft must be "based on the model standing orders referred to in section 29 in respect of the matters specified in the First Schedule" and may add "any other matter considered necessary" for the establishment's nature of activity. Two conditions bind any addition: it must not be inconsistent with the Code, and the draft must cover every First Schedule matter. The matters are listed in the First Schedule article.
The six months run "from the date of commencement of this Code". The Code is in force from 21 November 2025 when the four Labour Codes were brought into force; some provisions may be notified later, and whether the six months have run for a particular establishment depends on when Chapter IV applied to it. Section 30(4) gives a separate six months for modifications, running from the date the Chapter becomes applicable to the establishment. Check your own dates, and ask our labour law compliance team if the position is unclear.
Before filing, the employer "shall consult the Trade Unions or recognised negotiating union or members of the negotiating council" on the draft. Filing may be "electronically or otherwise".
The accompanying statement (s.30(9)). The draft must come with a statement of the workers employed, the Trade Unions to which they belong and the negotiating union or council, if any. Rule 13 of the Central Rules, 2026 (G.S.R. 342(E), 8 May 2026) says the statement for a draft carries the establishment's name, address, e-mail address, contact number and the strength and details of workers, including particulars of unions. For a modification, the statement gives particulars of the standing order to be modified and a tabular statement of each provision in force, the proposed change and the reasons. An authorised person signs, and if the model orders are modified they apply to all units of the establishment (rule 13(1) to (4)).
Adopting the model: s.30(3)
If the employer adopts the Central model standing orders for matters relevant to his establishment, they are "deemed to have been certified" and the employer forwards the information to the certifying officer as prescribed. If the certifying officer has an observation, he may direct amendment within the prescribed period. Rule 10 sets the thirty-day windows; see sections 28 and 29 and rule 10.
How the certifying officer decides: s.30(5) to (8)
Notice and hearing (s.30(5))
On receipt of a draft, the officer issues notice to the Trade Union or negotiating union or members of the negotiating council; or, where there is no Trade Union operating, to representatives of the workers chosen as prescribed. After receiving comments, he gives the negotiating union or council, or the Trade Unions or representatives, an opportunity of being heard, decides whether any modification or addition is needed to make the draft certifiable, and makes a written order.
Rule 11 (Central Rules) supplies the detail. Where there is no union, the certifying officer calls a meeting of the workers to choose representatives, and issues notice with a copy of the draft in the language the majority of workers speak and understand, asking for comments within fifteen days of receipt. A Trade Union, negotiating union or council constituent also gets a copy, with the same fifteen days.
The sixty-day clock
The proviso to s.30(5): the certifying officer must complete the procedure, for a draft and separately for draft modifications, "within a period of sixty days from the date of the receipt of it", "failing which such draft standing orders or, as the case may be, the modifications in the standing order shall be deemed to have been certified on the expiry of the said period."
The consequence is significant. An employer whose draft is complete and filed can rely on deemed certification after sixty days, without an order. The date of receipt starts the clock, so employers should file electronically or by a method that gives proof of receipt.
Certifiable standing orders (s.30(6) and (7))
Standing orders are certifiable if (a) they provide for every matter in the First Schedule applicable to the establishment, and (b) are otherwise in conformity with the Code. Under s.30(7), it is the function of the certifying officer or the appellate authority to adjudicate on "the fairness or reasonableness of the provisions of any standing orders keeping in view the provisions of the model standing orders." The second part is a test of substance: provisions far below the model are vulnerable.
Certification and copies (s.30(8))
The officer certifies the draft or modifications and, "within seven days thereafter", sends copies, authenticated as prescribed, to the employer and to the negotiating union or council, or the Trade Union or other representatives. Rule 12 says authentication is done by the certifying officer, and the copies go electronically with a hard copy by speed post within seven days of authentication to the employer and all registered Trade Unions or chosen representatives. No authentication is required for deemed certification under s.30(3) or certified adoption of the model.
Example (invented). An employer files a draft on 1 June with the statement and proof of consultation. No order is passed. On the expiry of sixty days from receipt, on 31 July, the draft is deemed certified under the proviso. If instead the certifying officer orders changes, the affected party has sixty days to appeal; see sections 31 and 32.
Joint drafts and old standing orders: s.30(10) and (11)
Joint draft. A group of employers in similar establishments may submit a joint draft, subject to prescribed conditions. For the proceedings in s.30(1), (5), (6), (8) and (9), "employer", "Trade Union" and "negotiating union or negotiating council" include all those of the similar establishments. Rule 14 says the employers consult the concerned Trade Union, and the joint draft is submitted to the Additional Chief Labour Commissioner (Central), who certifies in consultation with the concerned certifying officers after recording reasons, with notice and a reasonable opportunity of hearing.
Existing orders. Standing orders existing at commencement of the relevant provisions "shall, in so far as is not inconsistent with the provisions of this Code or rules made thereunder, continue and be deemed to be the standing orders certified under sub-section (8)". An employer with old certified orders therefore keeps them, but any inconsistent clause yields to the Code.
The Central Rules apply where the Central Government is the appropriate Government; in State-sphere establishments the State's own rules apply.
Need help with certification?
The steps are simple but the dates are unforgiving: six months to draft, sixty days for the officer, and a consultation record that has to be real. Our labour law compliance team can prepare your draft against the First Schedule, compile the statement and track the sixty-day window.
Key takeaways
- Draft within six months, covering every First Schedule matter, after consulting unions or the negotiating body (s.30(1), (2)).
- Adopting the model orders counts as deemed certification, with the certifying officer able to direct amendment (s.30(3)).
- The certifying officer has sixty days; silence means deemed certification (s.30(5) proviso).
- Orders are certifiable if complete on the First Schedule and in conformity with the Code (s.30(6)); fairness is judged against the model (s.30(7)).
- Certified copies go out within seven days (s.30(8)); joint drafts and old orders are provided for (s.30(10), (11)).
Read next
- Section 28-29: application and model standing orders
- Section 31-32: certifying officer powers and appeals
- Section 33-35: operation, register, duration and modification
- Industrial disputes under the new labour codes
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.