Madhu.T.K
Industrial Relations And Labour Laws
Mravimtnl
Dy.manager Hr
+1 Other

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There is a clause in the whisle blower policy that if the whisle blower has made a complaint and that complaint proves on malafide grounds, or bias in nature, in that case, it will be taken as misconduct and action against whisle blower will be taken. To cover that, a modification is needed in the certified standing orders. When this items of whisle blower is not included in the schedule, the same cannot be included in the modifications. More so, standing orders are brief for service conditions, if such modifications are allowed, it will become mess. Under the circumstances, what is the remedy as in absence of modification, how action can be taken against the whisle blower in case he happens to be a worker.
From the statutory view point, the certified Standing Orders stand as prime document and not the Whistle Blower Policy. Any misconduct by any person should include a whistle blower also. Therefore, you need not take him as a separate entity. But you can define a whistle blower in the standing orders. Also you can define a whistle blower policy. By that the existence of a whistle blower policy and appointment or nomination of a whistle blower will be made clear. Just like if an auditor makes any mistake he is likely to face an enquiry, the whistle blower should also face enquiry. That is enough.
Madhu.T.K

Why can't you incorporate a clause in Misconducts of Standing Order such as " Intentionally maligning/tarnishing the image of corporation /its officers before the external authorities/third parties/ clients thru verbal/ written/thru any other channel of communication personally/anonymously/pseudonymous." Then employee can be charged under above misconduct if found biased.
Sir, in my opinion, whistle blower policy cannot be indicated/incorporated in the standing orders. Please review my question.
No satisfied comments received on this site. My main aim was to ask whether whisle blower policy can be incorporated in the certified standing orders where there is no mention of this kind in the schedule. I want comments before asking the Labour Commissioner for amending standing orders for incorporation of while blower policy.
Applied for modifications in certified standing orders whisle blower policy. Union have objected that this item is not covered under schedule of industrial employment standing orders. Further, Union added that the standing orders are precise document containing terms & conditions of service of the employee and in case whisle blower policy is incorporated, it will become a mess.
Can anybody guide how to deal with this issue.

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