Is It Legal to Stock Beer in the Office Fridge in India? Seeking Clarity

I have a query.

In an IT MNC HQ in the US, the Director of Operations is from the US but is currently working at the India office. He has demanded that the company should keep Beer (Kingfisher) in the office fridge. The HR person had opposed the idea with various arguments.

I would request you to send me any written law or information that states whether this is illegal in India. If it is acceptable to keep beer in the fridge, please let me know.

Hi Madhavi,

Consumption of liquor during work hours is generally viewed as unacceptable conduct in most Indian companies. This is expressly mentioned in the policy manuals and employee handbooks. In the Industrial Employment (Standing Orders) Act, 1946 model standing orders, consumption of liquor in the workplace is defined as misconduct that could lead to disciplinary action. Of course, the applicability of this Act to your IT company needs to be verified.

In any case, I am sure that the company's policy manual and handbook will address this issue. Please verify and let me know about it.

Thanks,
RSrikanth.

Does your company have an alcohol/substance use policy? No smoking, as per the Factories Act 1948, would not be a good ground to reject or criticize the above.

Regards,
Surya

Normally, all corporates have conduct rules that invariably prohibit drinking alcohol or alcoholic products during duty hours. Anyone violating the code is subject to disciplinary action as provided in the conduct rules. However, you will agree that the Director of Operations, who is a foreign delegate, comes from a culture where it is customary to consume beer, etc., as part of meals, and it may be difficult for him to change his eating habits. It can be stored in the fridge in his chamber. It should be made clear to the employees that consuming beer during office hours is misconduct, and anyone indulging in that will be liable to action as per the rules.

DEEPAK THUKRAL
CHANDIGARH

Dear,

Consumption of liquor while on duty is misconduct as per the Standing Orders Act, as told to you by my other friend. Now all depends on the culture of the organization you are working for. I have faced the same problem in one of the organizations 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 inform that gentleman that though our Indian law and our culture do not permit the consumption of beer or any sort of alcohol while on duty, we understand your problem. You can create a separate 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. Sometimes we need to overlook certain aspects and look at the overall growth of the organization.

Partho

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

Good information on LAW.

I would like to know if there are any Indian/International laws that prohibit having sex in the office. Keep sharing.

Zafar Iqbal

A small question: What is your company policy in case of outdoor/indoor events? Do you serve drinks?

Suryavrat

Dear Zafar,

There are several laws that prohibit flashing, voyeurism, or sex in a public place. Let me cite another instance: if you flirt with a married colleague, you are open to suits for adultery too, for which Saudi laws prescribe death by stoning. If you browse pornographic content, you also commit a breach of the IT security policy. Refer to the National Commission on Women/ CRPC, and you will find several sections that deal with the same.

Surya

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. However, I just wanted to know in this particular case.

Thank you all again.