Queries
Dear All,

I have a query for which I am requesting all seniors and other HR friends to give their opinion on it.

Actually in one of my friend company (Factory) he said about code of conduct which deals with executives and standing orders deals with workman.

In standing orders workman defined as : Permanent, probationer, Temporary, Substitute, Apprentice & Casual.

Code of conduct defines employee as executive only.

For defining an employee & governing rules and regulations of employment in a factory, can we make two policies i.e. one is Standing orders (Workman, which is statutory) & other one is Code of Conduct (Executives only), is it valid as per law ?

As per standing orders, for executives or other categories (other than workman) can we make policy like code of conduct by excluding them in standing orders.

Please share your opinion.


Regards
Rajesh
29th November 2017 From India, undefined

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Sumitk.saxena
Service/manager-hr
Ed Llarena, Jr.
Owner/ Managing Partner
KK!HR
Management Consultancy
Verma_gk@yahoo.com
Sme-hr & Employment Laws
+1 Other

Generally in Big Corporate the Funda of Code of conduct is booming. Statutorily it has no legal sanction. But in case of Standing Orders it is minimum requirement of Appropriate government. Code of conduct majorly deal about behavior with third person with reference to organization. But as some employee do not fall within the category of workman in that category the code of conduct can be brought into picture.
29th November 2017 From India, Pune

Standing orders is statute to regulate conditions of employment between lower wrung of employees. BTW you are not required to get standing orders certified, model standing orders will be applicable to your company if your company engages manpower specified in the act. If you really feel that you must change them, then only change them & get approval from labour office. Since definition of workman is as per the ID Act, the act does not apply to employees above supervisor who perform mainly managerial work. Thereby it means mere designation as manager will not give the person status as manager unless s/he has authority vested in by the org. Here taking legal action for reported 'misconduct' is a little tedious process.

For real managers breach of conduct can be taken seriously to the extent of termination of employment, but this has to be term of employment. It is valid if it is made to be agreed upon as appointment clause. Now such employee will not have remedy ubder the ID Act, as such separation, if any, can be smoother.
29th November 2017 From India, Mumbai

KK!HR 158
While Standing Orders describe the statutory terms and conditions of employment, the Code of Conduct or Conduct, Discipline & Appeal Rules (CDA Rules as it is called in most of the major enterprises) does not have any statutory force. Standing Orders are certified by the Labour authorities to be legal and proper, the Code of Conduct or CDA Rules bear approval as per Delegation of Powers. Standing orders flow from the Industrial Employment (Standing Orders) Act, 1946. Section 1(3) applies it to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months. It applies only to the 'Workmen' covered by it. So anyone not answering the description of being workmen under the act are not covered by it. An establishment can have its own certified Standing Orders or else the Model Standing Order provided in the Act would apply. It is for such exempted employees under the Standing Orders that the Code of Conduct or CDA Rules apply. You cannot exclude any one from Standing Orders as it is statutorily defined, in deed it is only those who are excluded from the Standing Orders are covered under the Code of Conduct / CDA Rules.
30th November 2017 From India, Mumbai

Dear Rajesh,

You have asked for the difference between the code of conduct and standing orders. You have come up with shortcomings of both. Later three members have given their views on the importance of having standing orders and their legitimacy.

Nevertheless, comparison between the two has forced to take narrow view of code of conduct. Code of conduct is defined as a set of conventional principles and expectations that are considered binding on any person who is a member of a particular group.

There are many conventions, principles or expectation that need not fall within the purview of law. This is where code of conduct comes in picture. In many companies they have both, standing orders and code of conduct which is included in the employee handbook. One need not be substitute of another

Parameters of workplace behaviour need to be well defined. Major component of behaviour is communication. Therefore, code of conduct can have rules of communication, protocol of communication and so on. Rules of communication can include how to control temper, how to foster interpersonal environment in the company, how to conduct meetings, how to give feedback and how to receive feedback, how to criticise and how to accept the criticism etc.

Secondly, how to deal with outsiders is also important. Therefore, rules of behaviour on how staff members should behave with consultants, advisers, suppliers, service providers is also important. How to conduct job interview is also important.

Standing orders lay the foundation. However, a company just cannot remain content by laying a foundation. Further structure has to be built by devising a code of conduct. Most of the laws are bland or tasteless and their implementation demands crudeness. In contrast, code of conduct attempts to bring pleasantness at the workplace. Each staff members must get a pleasant experience while working and mere adherence to the standing orders is certainly not sufficient to make a workplace refined one.

Thanks,

Dinesh Divekar
30th November 2017 From India, Bangalore

Hi!

The Code of Conduct (or Code of Ethics & Discipline) is a set of infractions and penalties promulgated by business organizations as a reference for the dispensation of penalties for employees found to have violated its policies and internal rules.

The Code is generally attached to the Employee Handbook and is used to ensure the consistency of penalties given to employees for every infraction committed. The penalties enunciated in the code are presumed to be consistent with the labor law and other laws of the country where the company operates.

The Code is important because when an illegal dismissal complaint is filed against the company, the labor department would ask the company for the basis of its action. In the Philippines, when an employee commits an act that is defined by the Code as a terminable offense, the employee can be legally dismissed after he/ she is found guilty of the offense. Finding an employee guilty mandates employers to use the "due process of law" procedures stated by the Ph Labor Code --- i.e. twin notice and hearing.

Best regards.
30th November 2017 From Philippines, Parañaque

Hello,

Every Organization has to define conditions of employment...a legal provision for the workman category which we called model/certified standing order. However, COC or relevant policy is for non-workman category.

If COC has been consented and acknowledged by an employee then provisions are applicable on him and well support if challenge in courts of inquiry or otherwise.

Regards,

Gajendra Verma
3rd December 2017 From India

A code of conduct is a set of rules outlining the social norms and religious rules and responsibilities of, or proper practices for, an individual, party or organization. Related concepts include ethical, honor, moral codes and religious laws. It is solely depend upon the consent of our own or of organization not necessary that it should be enforced by law.
On Other Hand
Standing Order is the rule of order which governs the establishments under the laid down procedures of the government, it should be enforced by the law of the land
3rd December 2017 From India, Ghaziabad

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