Business Mentor, Consultant And Trainer
Ed Llarena, Jr.
Owner/ Managing Partner
Prashant B Ingawale
Agm - Hr
Sme-hr & Employment Laws
From India, Pune
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.
From India, Mumbai
From India, Mumbai
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.
From India, Bangalore
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.
From Philippines, Parañaque
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.
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
From India, Ghaziabad
Code of Conducts are developed by the Organization on their own. Whereas Standing Orders are having statutory force it is not purely meant for Workers and Office level staffs are exempted.
The Standing Orders and the clauses made there under covers all category of employees employed in the organization. When there is conflict between Code of Conduct and Standing Order the later will prevails and holds good.
From India, Madras