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Dear seniors, Please help to draft Penalties for "Not Following Office Dress Code" policy as per law
From India, Lucknow
lucy-peabody
3

I would require more information on whether you are referring to a corporate office or a manufacturing facility such as a factory. Certain things would change in terms of legal consequences of imposing penalties as offices would be covered by Shops and Establishments Act and factories would be covered by the Factories Act.

Assuming you are referring to a Corporate Office, please draft a mail that will be circulated to all employees clarifying the dress code with example pictures, if necessary. Formals or Business Casuals are usually preferred (With women having the option to choose between western or indian formals) in Indian corporate offices. Please ask respective department heads to also have a talk or send a mail to their subordinates specifying the importance of the dress code adherence.

Now, in case of violations, the following steps can be taken:

1.) If the violation is for example, from an employee in Finance dept, have a session on dress code calling all finance employees (for 15-20 minutes). This is a general way of calling out, and the point is sure to be driven home.
2.) In case of second violation, please ask the immediate manager of the employee or department head to have a word .
3.) Third violation, HR and dept head can give a joint warning, please document the same in mail
4.) Fourth violation, please have the department head and HR explain the impact of non compliance with central office policies on appraisal and thereby, on hikes and appraisal's.

I do not believe in the spirit of holding employee's salaries, sending them back home or dress code affecting their performance feedback. However, within reason, if it is affecting the morale of other employees, then take stringent action as necessary.

From India, Bengaluru
surajkhr
1

Hi, Few inputs as additional,
>Dress codes are typically a cultural aspects and policy matters within the company.
>Code of conduct of the company plays bigger role and you can drive the dress code policy knowledge via briefings, holding supervisor responsibility and some points in employment terms as discipline aspect.
>Imposing penalty on violations is not a good approach and believe there are no specific mentions particularly on dress codes in legislations to penalize for violations.
>Some good POVs already highlighted by Expert Lucy for reference

From India, Bangalore
pvenu1953@gmail.com
125

There could be situations where the dress could be violating employees' rights. As such, it is important to know why employees are reluctant to follow the dress code.
From India, Kochi
saswatabanerjee
2394

I think you will find it difficult to implement this.
If you have an uniform, you can insist that everyone wear it.
In all other cases, you have some chance of taking action if it is specified in the appointment letter and / or in your Standing Orders.

Please refer to sec 6 and 7 of payment of wages act, which gives the list of deductions allowed.
For penalty, there is a requirement that the offence must be put in a notice, which also needs to be approved by the labour commissioner. Further, there is a limit that the deduction can not exceed 3% of gross wages.

So putting a penalty for this is almost impossible.
At best you can send the person back home for not following the dress code.
In current situation, the employee will probably go home and resign, preferring to join a different company

From India, Mumbai
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