Madhu.T.K
Industrial Relations And Labour Laws
Kritarth Consulting
Posh Programs; Hr Management Consultants
Bhartiya Akhil
Freelancer

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Dear All,
We had circulated the precautionery steps of COVID-19 in the factory but the employee is not following precatuionery steps , if the employee not follows the steps , HR can take necessary actions on him or not ?

From India, Thane
You can certainly take action against any employee for not obeying the instructions of any kind. This being a very serious instruction which may even lead to shutting down of the establishment itself, you can definitely go ahead with it.
From India, Kannur
Disobeying Employer's/ Managements Order-Verbalor Wriiten- by any Employed Person constitute serious Misconduct as per CSO or Sevices Rules applicable to her/him/them. Take Disciplinary Action-Steps w/out Hesitation under authority of Disciplining Authority
Harsh K Sharan, Kritarth Consulting
17.7.2020

From India, Delhi
Dear Bharat, It can be treated as a misconduct and have to be dealt with accordingly i.e. opportunity of defence should be provided to the workman.
From India, Faridabad
Dear M Bharath,

Please remember SAFETY FIRST!

SAFETY FIRST IS SAFETY ALWAYS!

Your employees are your assets. You have to take care of them.

GOI has issued guidelines from time to time on preventive measures to contain spread of COVID-19 in workplace. Even the State Government as well the Local Authorities have issues various guidelines and procedure in this regards.

Violation of any guidelines will attract punishment under section 51 of Disaster Management Act. Section 51(2) says, refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act, shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.

Under the circumstances you should be extra cautious. You are responsible to enforce the discipline at workplace and complying the guidelines. You should be very strict in complying the guidelines. If any anybody found violating the norms of discipline should not be spared.

Disobeying instruction by superior is a misconduct as stated by earlier learned members.

From India, Mumbai
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