Is There Any Law Against Consuming Liquor During Work Hours?

madhavikraj
I have a query.
In an IT MNC HQ at US. The director of operations is from US and sitting in India office. He has demanded that company should keep Beer(kingfisher) in office fridge. Hr person had opposed the idea with various arguments.
I would request you to send me any written law or something which states that this is illegal in India.
If it is okay to keep beer in fridge, then also, please let me know.
rsrikanth
Hi Madhavi,
Consumption of liquor during workhours is generally viewed as unacceptable conduct. In most Indian companies this is expressly mentioned in the policy manuals and also in the employee handbooks.
In the Industrial Employment(Standing Orders) Act,1946 model standing orders, consumption of liquor in the workplace is mentioned as a misconduct that would invite disciplinary action. Ofcourse, applicability of this Act to the IT company/your company needs to be checked up.
In any case, as a policy of the company iam sure, there will be a reference on this in the manual and handbook too. please check up and also let me know about it.
Thanks,
RSrikanth.
svsrana
Does your company have an Alcohol/ substance use policy ?
no smoking as per factories act 1948 would not be a good ground to reject/ criticise the above.
regards
surya
deepak thukral
NORMALLY ALL CORPORATES ARE HAVING CONDUCT RULES WHICH INVARIABLY PROHIBITS DRINKING ALCHOL OR ALCHOLIC PRODUCT DURING DUTY HOURS AND ANY BODY VIOLATING THE CODE IS SUBJECT TO DISCIPLINARY ACTION AS PROVIDED IN THE CONDUCT RULES. BUT YOU WILL AGREE THAT DIRECTOR OPERATIONS WHO IS A FOREIGN DELEGATE WHERE IT IS CUSTOMARY TO TAKE BEAR ETC AS PART OF MEALS AND IT MAY BE DIFFICULT FOR HIM TO CHANGE HIS EATING HABITS. IT CAN BE STORES IN THE FRIDGE IN HIS CHAMBER. IT SHOULD BE AMPLY MADE CLEAR TO THE EMPLOYEES THAT CONSUMING BEAR DURING OFFICE HOURS IS A MISCONDUCT AND ANYBODY INDULGING IN THAT WILL BE LIABLE TO ACTION AS PER RULES.
DEEPAK THUKRAL
CHANDIGARH
pghosh
Dear,
Consumption of liquor while on duty is a misconduct as per Standing orders Act as told to you by my other friend.
Now all depends on the culture of the organisation you are working for. I have faced the same problem in one of the organisation I worked for. Foreign officials who come to work in India are amongst the best, so they are in India and we need to deal with them diplomatically with a soft touch.
In your case, you can politely tell that gentle man, though our Indian law & our culture doesn't permit having beer or any sort of alchohol while on duty but we understand your problem.
You can create a seperate space for him in the office where he can have his beer when he wants to.
I am sure the american guy will never compromise in any way on his productivity.
So sometimes we need to overlook certain aspects and look at the overall growth of the organisation.
Partho
Paladin
If the manager is from the US, he should be well aware that the consumption of alcohol (including beer) is not an accepted practice during working hours.

I am aware of some organizations that allow for the consumption of alcohol after hours, but they are ending such practices, especially where the Company faces major liability if an employee is involved in an accident resulting in property damage, injury and/or death occurs.

I think that a responsible HR Director would insist that the Operations Manager reconsider in view of the unnecessary exposure he is subjecting the company to. In addition there is the precedent the OM is establishing - if it's acceptable for the Manager to drink on the premises, then it will be acceptable for other employees to do the same. Eventually, the workplace discipline will decline creating a hazardous and chaotic situation which would jeopardize the organization as a whole.

In the alternative, the HR manager should ask the Operations Manager to put his demand for beer in the fridge in writing with copies to HR and the Chief Executive of the Company.

Finally, show him the responses that have been generated.

Steadfast resistance to such a request now, will prevent major problems in the future.

PALADIN
zafariqbal
Good information on LAW..
I would like to know that are there anyt Indian/International Laws that stops us havin sex in the office.
Keep sharing.
Zafar Iqbal
svsrana
A small question:
what is your company policy in case of outdoor/ indoor events. do you serve drinks ?
suryavrat
svsrana
Dear Zafar,
There are several laws which prohibit flashing/ voyeurism/ sex in public place.
let me cite another instance, if you flirt with a married collegue, you are open to suits on adultery too for which Saudi laws prescribe death by stoning.
if you browse pornographic content, you also commit breah of IT security policy.
refer to National commision on women/ CRPC and you will find several sections whcih deal with the same.
surya
madhavikraj
Thank you all so much for your inputs.
Yes it is mentioned in the handbook under misconduct that liquor is not allowed during office hours.
But I just wanted to know in this particular case.
Thank u all again
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