Dear Freinds,
Whether Code of Discipline has any legal sanctity???????
Answer:
The code of discipline was formulated by the Ministry of labour and ratified by all Indian Organisations of employers and employees/ workers and came into force from 1st June, 1958. The Code of Discipline has no any statutory force.
It is only a gentleman's agreement between employers and employees to maintain a standard of discipline in dealings with each other with the main object of securing better discipline in industry and to facilitate peaceful settlement of didputes.
Comments are required by senoir members..............
Regards
Sidheshwar
From India, Bangalore
31Whether Code of Discipline has any legal sanctity???????
Answer:
The code of discipline was formulated by the Ministry of labour and ratified by all Indian Organisations of employers and employees/ workers and came into force from 1st June, 1958. The Code of Discipline has no any statutory force.
It is only a gentleman's agreement between employers and employees to maintain a standard of discipline in dealings with each other with the main object of securing better discipline in industry and to facilitate peaceful settlement of didputes.
Comments are required by senoir members..............
Regards
Sidheshwar
From India, Bangalore
I may not be qualified to talk of the industrial relations system in India as I hail from Malaysia. But a common sense approach tells me that Codes are not merely window dressing and the Courts and Tribunals will give it life when confronted with it. I have not seen your Code too, but taking a hypothetical case lets assume the Code says punishment for an employee must be progressive and dismissal is the last option. If an employer dismisses an employee for a first offence however serious it may be the Tribunals will certainly tell the employer that he should have taken note of the provisions of the Code and the dismissal was unfair.
That's how the Codes work in my country - I believe it cannot be any different elsewhere!
From Malaysia, Melaka
That's how the Codes work in my country - I believe it cannot be any different elsewhere!
From Malaysia, Melaka
hi, there is no legal binding on code of discipline but it’s responsibility will be on the employer and employees shoulder.
From India, Vijayawada
From India, Vijayawada
Code of Discipline is voluntary in nature and does not have any legal force. It was finalized in 1958 and mainly lays down that both workers and employers should recognise their rights and responsibilities towards each other and should willingly and properly discharge their obligations to each other.
The code has generally helped in ensuring a speedy settlement of industrial dispute The breach of the code however, does not entail any legal liability or penalty . The organizations of employers and workers are however, required to apply sanctions against their memebers for violating the code. These sanctions have been laid down by Standing Labour CommitteeIndian Labour Conference. They are reformative in character and not punitive.
Cyril
From India, Nagpur
The code has generally helped in ensuring a speedy settlement of industrial dispute The breach of the code however, does not entail any legal liability or penalty . The organizations of employers and workers are however, required to apply sanctions against their memebers for violating the code. These sanctions have been laid down by Standing Labour CommitteeIndian Labour Conference. They are reformative in character and not punitive.
Cyril
From India, Nagpur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Occupational Safety, Health & Working Conditions Code 2019.pdf
Wage Code Bill - Summary.docx