Dear Seniors,
Good evening,
In my present organization, I am facing the problem of a dress code. Here, some employees are wearing formal attire, while most of them are in casual wear. Even though I have circulated the rules and regulations on the notice board, some employees seem to disregard these guidelines.
Can anyone help me with how to overcome this issue?
Thank you.
From India, Chennai
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20Good evening,
In my present organization, I am facing the problem of a dress code. Here, some employees are wearing formal attire, while most of them are in casual wear. Even though I have circulated the rules and regulations on the notice board, some employees seem to disregard these guidelines.
Can anyone help me with how to overcome this issue?
Thank you.
From India, Chennai
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Check the dresscode policy given in the below link
Dress Code Policy « hrmexpress
From India, Mumbai
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Dress Code Policy « hrmexpress
From India, Mumbai
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1. Send an email to all, stating that even when there is a policy introduced for the dress code to be followed, many employees are not adhering to it.
2. Also, inform them in that email that the organization would take strict disciplinary action if the aforementioned policy is not followed.
3. Set up a meeting with the department heads and make them understand the importance of adhering to this policy.
4. Ask these heads to keep reminding their respective teams to follow the policy guidelines.
5. Send reminders on the same email twice more.
6. I believe this procedure will help you reduce the number of individuals not complying with the policy.
7. Lastly, issue warning letters to individuals who violate the policy.
From India, Mumbai
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2. Also, inform them in that email that the organization would take strict disciplinary action if the aforementioned policy is not followed.
3. Set up a meeting with the department heads and make them understand the importance of adhering to this policy.
4. Ask these heads to keep reminding their respective teams to follow the policy guidelines.
5. Send reminders on the same email twice more.
6. I believe this procedure will help you reduce the number of individuals not complying with the policy.
7. Lastly, issue warning letters to individuals who violate the policy.
From India, Mumbai
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Hi,
Bhakti has shared both the policy and has also quickly reverted with excellent suggestions on how to tackle the problem.
My sense of the problem on dress code that NN is facing is primarily due to the lackadaisical attitude of the senior management. It is, therefore, essential that you first get the buy-in of the senior management and seek their support to implement the dress code seriously. This can be done by implementing step 3 of Bhakti's suggestion at the earliest.
This can then be followed by NN implementing steps 1 and 2 to reinforce the existing policy. Those not adhering to the policy can be issued an email with a CC to their immediate boss by NN as suggested in step 5.
For persistent non-compliance, a note must be sent by NN to the superior of the deviant employee outlining the dates in which warnings were issued to the employee and recommending that the superior personally issue a warning with a CC to the HR head.
Finally, of course, only top management can take any drastic step if they deem fit. You could also explore the possibility of factoring in the warnings into the annual appraisal system and clearly outlining the effect of the warnings on the increments and promotion to the employee so that the lesson is firmly learned.
What is essential, as I have stated in the beginning, is the commitment and support of the top management for the dress code policy. To this end, it is very essential that the top management strictly follows the dress code themselves; else, it would be difficult to get the other employees' commitment to it.
Regards
From India, Mumbai
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Bhakti has shared both the policy and has also quickly reverted with excellent suggestions on how to tackle the problem.
My sense of the problem on dress code that NN is facing is primarily due to the lackadaisical attitude of the senior management. It is, therefore, essential that you first get the buy-in of the senior management and seek their support to implement the dress code seriously. This can be done by implementing step 3 of Bhakti's suggestion at the earliest.
This can then be followed by NN implementing steps 1 and 2 to reinforce the existing policy. Those not adhering to the policy can be issued an email with a CC to their immediate boss by NN as suggested in step 5.
For persistent non-compliance, a note must be sent by NN to the superior of the deviant employee outlining the dates in which warnings were issued to the employee and recommending that the superior personally issue a warning with a CC to the HR head.
Finally, of course, only top management can take any drastic step if they deem fit. You could also explore the possibility of factoring in the warnings into the annual appraisal system and clearly outlining the effect of the warnings on the increments and promotion to the employee so that the lesson is firmly learned.
What is essential, as I have stated in the beginning, is the commitment and support of the top management for the dress code policy. To this end, it is very essential that the top management strictly follows the dress code themselves; else, it would be difficult to get the other employees' commitment to it.
Regards
From India, Mumbai
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After all the steps Bhakti and Jacob suggested have been exhausted and some still persist in defying the dress code, you can take disciplinary action by issuing a show cause notice either for not wearing the uniform (if it is mentioned as misconduct under your conduct rules/standing orders) or for willful insubordination of lawful instructions of superiors, which is normally enumerated as misconduct under service rules, and pass appropriate penalty if the explanation is not satisfactory after an inquiry. This will send a message to all concerned that indiscipline is not tolerated.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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I just do not understand disciplinary action, meetings, education, etc., on dress code. If an employee has to wear a uniform, do not allow him inside, and the security will stop him at the gate, marking him absent. If you are not talking about a uniform and formal dress code, like a full shirt, pants, no T-shirt, must wear shoes, etc., then stop them at the gate if they are not following the code.
I have been stopped in clubs on days when I was not adhering to the dress code. I have implemented this in organizations and have even sent workers out, despite strong unions, when they were without shoes inside. If one considers "not adhering to dress code or uniform" as misconduct, you can never make people follow it.
If one considers the dress code a necessity to carry out the job, then do not allow him to work. If the policy has been discussed and finalized by the top management and given to you for implementation, just do it. Do not hesitate.
From India, Chennai
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I have been stopped in clubs on days when I was not adhering to the dress code. I have implemented this in organizations and have even sent workers out, despite strong unions, when they were without shoes inside. If one considers "not adhering to dress code or uniform" as misconduct, you can never make people follow it.
If one considers the dress code a necessity to carry out the job, then do not allow him to work. If the policy has been discussed and finalized by the top management and given to you for implementation, just do it. Do not hesitate.
From India, Chennai
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The act of turning away an employee who presents himself for work, though without wearing a uniform, may pose other legal problems. When an employer refuses to give work to a workman when he presents himself for work, it amounts to a layoff. Since such a layoff is not in consonance with Sec. 2(kkk) of the Industrial Disputes Act, it may be termed as an illegal layoff and may lead to an industrial dispute, compelling the employer to pay wages on the day on which he is laid off. In all likelihood, the deduction of wages for the day on which the workman is marked absent may be termed as unauthorized within the meaning of Sec. 7 of the Payment of Wages Act since the workman did not abstain from duty. These are the risks that can stick to the action of marking a workman absent and turning him away on the day he did not wear a uniform. That's why a risk-free route of counseling, warning, and initiating disciplinary action has been suggested by members.
B. Saikumar
Mumbai
From India, Mumbai
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B. Saikumar
Mumbai
From India, Mumbai
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Dear Mr. Saikumar,
Stopping anyone at the gate for not wearing a uniform is not a layoff. We can legally stop them. Similarly, we can enforce rules regarding shoes and any safety measures.
Stopping a worker due to lack of order, electricity, materials, etc., will be declared as a layoff. Legally, management can take such actions. I am not discussing practical issues here.
From India, Chennai
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Stopping anyone at the gate for not wearing a uniform is not a layoff. We can legally stop them. Similarly, we can enforce rules regarding shoes and any safety measures.
Stopping a worker due to lack of order, electricity, materials, etc., will be declared as a layoff. Legally, management can take such actions. I am not discussing practical issues here.
From India, Chennai
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Dear Sivasankaran,
I respect your view on the subject, but my view was prompted by the urge to examine whether the act of stopping a workman at the gate for not wearing uniform has any risk of industrial dispute, more so in a factory setting, since the act has the effect of causing unemployment to the workman, whether it is for one hour, one day, or more than a day. If an employee is stopped at the gate merely to make him wear a uniform and then enter the factory, then there is no issue. However, if the employee is stopped at the gate, not allowed to work, and marked absent for not wearing a uniform, then the workmen may have a chance to agitate the issue for the following reasons.
1) Stopping a workman at the gate and not allowing him to report for work for not wearing a uniform evidently amounts to the employer's refusal to provide work to the workman when he presents himself for work.
2) Such power to refuse to provide work to a workman cannot be inherent since the rights and obligations of the employee and the employer are defined by a contract of service, and thus it needs to be a part of the contract of service.
3) If there is no such clause in the contract of service, such power must flow from the standing orders/service rules which a workman undertakes to abide by at the time of appointment. However, the model standing orders on the basis of which certified standing orders are made do not have any provision permitting an employer to refuse employment for not wearing a uniform. Moreover, the model standing orders of some states like Maharashtra even contain a provision that no workman who presents himself for work within 15 minutes shall not be shut out.
4) If there is no such provision in the standing orders, such power to the employer must flow from a statute. The only provision in a statute that permits an employer to refuse work to a workman is contained under sec.2(kkk) of the Industrial Disputes Act 1947, which terms such refusal as a lay-off. However, sec.2(kkk) specifies certain reasons like a shortage of coal, accumulation of stocks, or breakdown of machinery, etc., for which the employer can refuse work to a workman. There is no other way an employer can refuse work to a workman under the Industrial Disputes Act.
Thus, it is obvious from the above that the employer cannot exercise any inherent power to refuse work or cause temporary unemployment to a workman unless he is empowered to do so by an enabling provision.
Therefore, in all probability, a workman can contend that he has been illegally refused work or laid off and can raise a dispute.
5) This apart, stopping an employee at the gate and not allowing to perform work may also be contended by the workman to amount to suspension that is not in accordance with the standing orders/service rules/contract of service since suspension can either be effected as a punishment or pending investigation or inquiry by way of a written order.
I respect your view since the object of it is to compel a workman to comply with the dress code. There may not be an industrial dispute in this case, but the potential for it is lurking around for reasons stated above. This is my view.
B. Saikumar
Mumbai
From India, Mumbai
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I respect your view on the subject, but my view was prompted by the urge to examine whether the act of stopping a workman at the gate for not wearing uniform has any risk of industrial dispute, more so in a factory setting, since the act has the effect of causing unemployment to the workman, whether it is for one hour, one day, or more than a day. If an employee is stopped at the gate merely to make him wear a uniform and then enter the factory, then there is no issue. However, if the employee is stopped at the gate, not allowed to work, and marked absent for not wearing a uniform, then the workmen may have a chance to agitate the issue for the following reasons.
1) Stopping a workman at the gate and not allowing him to report for work for not wearing a uniform evidently amounts to the employer's refusal to provide work to the workman when he presents himself for work.
2) Such power to refuse to provide work to a workman cannot be inherent since the rights and obligations of the employee and the employer are defined by a contract of service, and thus it needs to be a part of the contract of service.
3) If there is no such clause in the contract of service, such power must flow from the standing orders/service rules which a workman undertakes to abide by at the time of appointment. However, the model standing orders on the basis of which certified standing orders are made do not have any provision permitting an employer to refuse employment for not wearing a uniform. Moreover, the model standing orders of some states like Maharashtra even contain a provision that no workman who presents himself for work within 15 minutes shall not be shut out.
4) If there is no such provision in the standing orders, such power to the employer must flow from a statute. The only provision in a statute that permits an employer to refuse work to a workman is contained under sec.2(kkk) of the Industrial Disputes Act 1947, which terms such refusal as a lay-off. However, sec.2(kkk) specifies certain reasons like a shortage of coal, accumulation of stocks, or breakdown of machinery, etc., for which the employer can refuse work to a workman. There is no other way an employer can refuse work to a workman under the Industrial Disputes Act.
Thus, it is obvious from the above that the employer cannot exercise any inherent power to refuse work or cause temporary unemployment to a workman unless he is empowered to do so by an enabling provision.
Therefore, in all probability, a workman can contend that he has been illegally refused work or laid off and can raise a dispute.
5) This apart, stopping an employee at the gate and not allowing to perform work may also be contended by the workman to amount to suspension that is not in accordance with the standing orders/service rules/contract of service since suspension can either be effected as a punishment or pending investigation or inquiry by way of a written order.
I respect your view since the object of it is to compel a workman to comply with the dress code. There may not be an industrial dispute in this case, but the potential for it is lurking around for reasons stated above. This is my view.
B. Saikumar
Mumbai
From India, Mumbai
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From a practical angle, except for factories where unions are pretty much active, it won't be a problem in the office. Moreover, making them understand the importance of wearing uniforms and shoes will go a long way in fostering relationships. I think sufficient notice should be given regarding adhering to stopping employees from entering the office without proper dress. This will give advance warning to defaulters. Moreover, follow up the advance warning notice with a penalty of say Rs 500/day deducted from the salary for breaking the rules. This will work. One can sugarcoat this by using the penalty money for celebrations among employees. This will create peer pressure.
From India, Bangalore
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From India, Bangalore
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