Does the Code of Discipline Hold Any Legal Weight, or Is It Just a Gentleman's Agreement?

Dear Friends,

Whether the Code of Discipline has any legal sanctity?

The Code of Discipline was formulated by the Ministry of Labour and ratified by all Indian organizations of employers and employees/workers, coming into force from 1st June 1958. The Code of Discipline does not have any statutory force. It is simply a gentleman's agreement between employers and employees to maintain a standard of discipline in dealings with each other, aiming to promote better discipline in the industry and facilitate peaceful settlement of disputes.

Comments are required from senior members.

Regards,
Sidheshwar

I may not be qualified to talk about the industrial relations system in India as I am from Malaysia. However, a common-sense approach tells me that Codes are not merely window dressing, and the Courts and Tribunals will give them life when faced with them. I have not seen your Code, but let's consider a hypothetical case: let's assume the Code states that punishment for an employee must be progressive, and dismissal is the last option. If an employer dismisses an employee for a first offense, however serious it may be, the Tribunals will likely inform the employer that they should have adhered to the provisions of the Code, and the dismissal was unfair.

That's how the Codes operate in my country - I believe it cannot be any different elsewhere!

Hi,

There is no legal binding on the code of discipline, but the responsibility will be on the employer and employees' shoulders.

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 recognize 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 disputes. 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 members for violating the code. These sanctions have been laid down by the Standing Labour Committee of the Indian Labour Conference. They are reformative in character and not punitive.

Cyril