Dress Code Dilemma: How Do You Handle Employees Ignoring Guidelines?

Dear Seniors, In my present organization, I am facing the problem of a dress code. Here, some employees are wearing formal attire, while most of them are in casual wear. Even though I have circulated the rules and regulations on the notice board, some employees seem to disregard these guidelines.

Seeking Advice on Dress Code Enforcement

Can anyone help me with how to overcome this issue?

Thank you.

Regards,

Steps to Ensure Compliance with Dress Code Policy

1. Send an email to all employees, stating that even though there is a policy introduced for the dress code to be followed, many employees are not adhering to it.

2. Also, inform them in that email that the organization will take strict disciplinary action if the aforementioned policy is not followed.

3. Set up a meeting with the department heads and make them understand the importance of adhering to this policy.

4. Ask these heads to keep reminding their respective teams to follow the policy guidelines.

5. Send reminders in the same email twice more.

6. I believe this procedure will help you reduce the number of individuals not complying with the policy.

7. Lastly, issue warning letters to individuals who violate the policy.

Bhakti has shared both the policy and has also quickly reverted with excellent suggestions on how to tackle the problem. My sense of the problem on dress code that NN is facing is primarily due to the lackadaisical attitude of the senior management. It is, therefore, essential that you first get the buy-in of the senior management and seek their support to implement the dress code seriously. This can be done by implementing step 3 of Bhakti's suggestion at the earliest.

This can then be followed by NN implementing steps 1 and 2 to reinforce the existing policy. Those not adhering to the policy can be issued an email with a CC to their immediate boss by NN as suggested in step 5.

For persistent non-compliance, a note must be sent by NN to the superior of the deviant employee outlining the dates in which warnings were issued to the employee and recommending that the superior personally issue a warning with a CC to the HR head.

Finally, of course, only top management can take any drastic step if they deem fit. You could also explore the possibility of factoring in the warnings into the annual appraisal system and clearly outlining the effect of the warnings on the increments and promotion to the employee so that the lesson is firmly learned.

What is essential, as I have stated in the beginning, is the commitment and support of the top management for the dress code policy. To this end, it is very essential that the top management strictly follows the dress code themselves; else, it would be difficult to get the other employees' commitment to it.

Regards

After all the steps Bhakti and Jacob suggested have been exhausted and some still persist in defying the dress code, you can take disciplinary action by issuing a show cause notice either for not wearing the uniform (if it is mentioned as misconduct under your conduct rules/standing orders) or for willful insubordination of lawful instructions of superiors, which is normally enumerated as misconduct under service rules, and pass appropriate penalty if the explanation is not satisfactory after an inquiry. This will send a message to all concerned that indiscipline is not tolerated.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

I just do not understand disciplinary action, meetings, education, etc., on dress code. If an employee has to wear a uniform, do not allow him inside, and the security will stop him at the gate, marking him absent. If you are not talking about a uniform and formal dress code, like a full shirt, pants, no T-shirt, must wear shoes, etc., then stop them at the gate if they are not following the code.

I have been stopped in clubs on days when I was not adhering to the dress code. I have implemented this in organizations and have even sent workers out, despite strong unions, when they were without shoes inside. If one considers "not adhering to dress code or uniform" as misconduct, you can never make people follow it.

If one considers the dress code a necessity to carry out the job, then do not allow him to work. If the policy has been discussed and finalized by the top management and given to you for implementation, just do it. Do not hesitate.

Legal Implications of Turning Away Employees Without Uniforms

The act of turning away an employee who presents himself for work without wearing a uniform may pose legal problems. When an employer refuses to give work to a workman when he presents himself for work, it amounts to a layoff. Since such a layoff is not in consonance with Sec. 2(kkk) of the Industrial Disputes Act, it may be termed an illegal layoff and may lead to an industrial dispute, compelling the employer to pay wages for the day on which he is laid off.

In all likelihood, the deduction of wages for the day on which the workman is marked absent may be termed unauthorized within the meaning of Sec. 7 of the Payment of Wages Act since the workman did not abstain from duty. These are the risks associated with marking a workman absent and turning him away on the day he did not wear a uniform. That's why a risk-free route of counseling, warning, and initiating disciplinary action has been suggested by members.

Regards,
B. Saikumar

Mumbai

Stopping anyone at the gate for not wearing a uniform is not considered a layoff. We can legally enforce this. Similarly, we can enforce rules regarding shoes and any safety measures.

Stopping a worker due to a lack of orders, electricity, materials, etc., will be declared as a layoff. Legally, management can take such actions. I am not discussing practical issues here.

I respect your view on the subject, but my perspective was prompted by the urge to examine whether the act of stopping a workman at the gate for not wearing a uniform has any risk of industrial dispute, especially in a factory setting. This act could result in unemployment for the workman, whether it is for one hour, one day, or more. If an employee is stopped at the gate merely to make him wear a uniform and then enter the factory, there is no issue. However, if the employee is stopped at the gate, not allowed to work, and marked absent for not wearing a uniform, then the workmen may have a chance to agitate the issue for the following reasons.

1) Stopping a workman at the gate and not allowing him to report for work for not wearing a uniform evidently amounts to the employer's refusal to provide work to the workman when he presents himself for work.

2) Such power to refuse to provide work to a workman cannot be inherent since the rights and obligations of the employee and the employer are defined by a contract of service, and thus it needs to be a part of the contract of service.

3) If there is no such clause in the contract of service, such power must flow from the standing orders/service rules which a workman undertakes to abide by at the time of appointment. However, the model standing orders on the basis of which certified standing orders are made do not have any provision permitting an employer to refuse employment for not wearing a uniform. Moreover, the model standing orders of some states like Maharashtra even contain a provision that no workman who presents himself for work within 15 minutes shall be shut out.

4) If there is no such provision in the standing orders, such power to the employer must flow from a statute. The only provision in a statute that permits an employer to refuse work to a workman is contained under sec.2(kkk) of the Industrial Disputes Act 1947, which terms such refusal as a lay-off. However, sec.2(kkk) specifies certain reasons like a shortage of coal, accumulation of stocks, or breakdown of machinery, etc., for which the employer can refuse work to a workman. There is no other way an employer can refuse work to a workman under the Industrial Disputes Act.

Thus, it is obvious from the above that the employer cannot exercise any inherent power to refuse work or cause temporary unemployment to a workman unless he is empowered to do so by an enabling provision.

Therefore, in all probability, a workman can contend that he has been illegally refused work or laid off and can raise a dispute.

5) This apart, stopping an employee at the gate and not allowing them to perform work may also be contended by the workman to amount to suspension that is not in accordance with the standing orders/service rules/contract of service since suspension can either be effected as a punishment or pending investigation or inquiry by way of a written order.

I respect your view since the object of it is to compel a workman to comply with the dress code. There may not be an industrial dispute in this case, but the potential for it is lurking around for reasons stated above. This is my view.

Regards,
B. Saikumar
Mumbai

From a practical angle, except for factories where unions are quite active, it won't be a problem in the office. Moreover, making them understand the importance of wearing uniforms and shoes will go a long way in fostering relationships. I think sufficient notice should be given regarding adhering to stopping employees from entering the office without proper dress. This will give advance warning to defaulters. Moreover, follow up the advance warning notice with a penalty of, say, Rs 500/day deducted from the salary for breaking the rules. This will work. One can sugarcoat this by using the penalty money for celebrations among employees. This will create peer pressure.

Practical problems force us to interpret the law differently. Layoff, in its definition, does not contemplate stopping at the gate for not wearing a uniform if he is a workman under the ID Act. At most, Standing Orders can specify the same.

I am just presenting an argument to the extreme. If an employee comes in shorts, will you allow him, or will you stop him at the gate?

If an employee is issued a uniform as per any agreement, then it implies that wearing the uniform is a precondition to enter the work premises. If he or she does not fulfill the condition, he or she need not be permitted to work.

If the management is very strict right from day one, everyone will come in uniform or in the dress code. If one is lenient and starts sending advisory notes, etc., employees will take advantage.

Can a waiter in a restaurant be without a uniform or dress code? Is a bus conductor always seen in uniform?

I would like to conclude my post on this subject with an observation that stopping at the gate due to not wearing a uniform will not amount to a layoff.

Be firm and have conviction.

I can't help but agree with you that the management should be strict regarding wearing uniforms. Yes, as you said, it can be made a part of an agreement or a standing order to implement it with more force. A debate like this reveals other angles to an issue.

Thanks,
B. Saikumar
Mumbai

If something is being done to maintain discipline among the workforce, where is the harm? If we are lenient in one area, this will foster issues in another area. Some sales managers have replied to their BM, questioning how wearing a tie to the office will affect their sales. This type of mentality, if not addressed at the grassroots level, will manifest in other areas. Next, they may ask why they need to attend monthly meetings, claiming they are performers and can be informed of their targets over the phone. As performance can breed arrogance in some people, it's better to nip this in the bud. I don't think a tribunal will uphold the case of a workman who complains against management rules regarding wearing a uniform, tie, or helmet (if required). Management can even require employees to wear formals on Saturdays if they argue that clients visit on Saturdays as well, so they need to look their best. No employee can legally contest this. As for factory workers, they need to be reminded to develop a relationship with management because bearing a grudge will do no good for either party. Therefore, a give-and-take policy must be in place.

After having worked at three places, including one that is a large industry and a dream company for many, I have learned this: let your people wear what they are comfortable in.

Dress Code Policy

In my organization, we have this policy: On normal days, people can be in formal or business casual attire (which should not be inappropriate, such as low waist jeans, deep-necked clothing, or overly revealing clothing). However, when employees are going out on business meetings or when visitors are expected, we all dress formally.

We also allow ladies to choose between Indian or Western formal attire based on their comfort zone.

Observations on Dress Code Impact

I have observed many companies with strict Western formal dress codes, even for women, where I noticed many women not performing to their fullest potential due to self-consciousness about their appearance and discomfort in their attire.

Recommendations for Dress Code Communication

I would like to add that if your organization follows a strict Western formal dress code, clearly state this in your HR policy and employee handbook. Explicitly communicate this to female candidates during interviews so that they can make informed decisions. While we may not change the company's policies for a few individuals, we can ensure their satisfaction and comfort.

Hope this information was helpful. 

Regards

What we are discussing is not whether they are comfortable in formals or not. Nobody in their right mind will say they feel comfortable in formals, but whether it should be made mandatory or not. Your so-called dream company may be catering to US clients who may be comfortable seeing their projects done by cool guys, but in the Indian client's mindset, this looks like a frivolous attitude. Moreover, I don't think this dream company's sales team would be meeting their clients in chappals and polo t-shirts. So, what they must be doing is allowing back-office staff to wear casuals. What I suggest is one's fashion sense should be left for display at family functions and not at work. Moreover, employees start taking it as a liberal attitude, and I have seen people coming to the office in chappals on Saturdays and torn jeans. Even there is a dress code for Saturdays, even if it is casual.

It doesn't mean a strict Western style for ladies. Salwars count as formal too if not too flashy. Moreover, girls who are conscious of their appearance will be the same in any dress; it is a mentality; you can't change that. I don't think because some companies have a stricter dress code, someone will not consider it as a career option. If somebody is doing that, then he/she is always free to leave because the company won't appreciate someone looking for the benefits of a freelancer while being in a job. I don't think I will call it a stricter HR policy. This is the norm that is followed in India. If some companies are liberal, it's their choice.

Addressing Employee Dissatisfaction with Company Policies

Following a company's policy makes some people dissatisfied. So what? Let them be. You are not paid to cater to their whims and fancies. Allow them a work-from-home policy if possible, but don't let that cause dissatisfaction among employees who are sincerely following company rules.

The Role of Formal Attire in Workplace Focus

Who said wearing formals doesn't help us to focus better? It is your figment of imagination, I suppose. FYI, we are talking in general, not about IT/Media/Fashion where it is normal to dress in business casuals.

Dress Code Practices in Indian Companies

Except for MNCs, I don't think any Indian company doesn't allow Salwar/Sari except for the sales team in some cases. If you know any Indian company, name it?

Western Formals and Employee Comfort

As to your wearing western formals, as I have already said earlier, we are not discussing what 1-2 companies are doing; we are discussing what the rest of the 999 companies are doing. Many salespersons are made to wear ties in hot, humid climates. They do feel adjusted. So if you are in a good job, then you won't be changing just because you have to wear western formals. Moreover, not all body types fit into western clothes and look plump, hence feel conscious, but we are talking in general.

The Impact of Dress on Workplace Behavior

Yes, you are talking about being liberal because we are talking about the average Indian company where people must be made to feel they are in the office by making them wear formals because how you dress affects how we behave unconsciously. So if you have heard about even freelancers, they are suggested to dress up even if they are working from home because it changes their attitude too.

Evaluating HR Policies in Manufacturing Settings

Who is thinking of even taking up your suggestions, which are practiced by 1% of companies? HR policies made in idealistic armchair settings don't stand the test of time and are a laughing stock in manufacturing company settings. So please keep your suggestions for your dream company and come to present ground realities, which I guess you are far from.

Following a company's policy makes some people dissatisfied. So what? Let them be. You are not paid to cater to their whims and fancies. Allow them to work from home policy if possible, but don't let that cause dissatisfaction among employees who are sincerely following company rules. I hope HR is there to know what problems the staff is facing. Dissatisfied employees are not productive employees.

With no offense to your individual thoughts, I really do not stand by it. If people have a problem and are dissatisfied, allow them to raise their points and be humane to their problem and see to it what can be done to reduce it - for me, this too is a KRA for HR. At least I believe so, and I don't care who else believes in it. I would continue to see to it my people are not dissatisfied or disengaged.

Who said wearing formals doesn't help us to focus better? It is your figment of imagination, I suppose. I didn't want to put it this way, but your comment compels me to do so. I said it from a lady's viewpoint, which you actually fail to understand. I really do not appreciate it and sorry if it hurts you, but I have a right to put across my viewpoints as strongly as you do.

FYI, we are talking in general, not about IT/Media/fashion where it is normal to dress in business casuals. I am very well aware. Hence I said - take it or leave it. Did I ask everyone to follow it? I don't think so. Please re-read my posts.

And I believe if we talk in general - IT, Digital Media, Fashion, etc., are also included in general. They aren't any aliens... They're very much human as you and me.

Except MNC co, I don't think any Indian co doesn't allow Salwar/Sari except for the sales team in some cases. If you know any Indian co, name it? I wouldn't want to name it. Not only because it's against Cite's policy (if you're very keen on following the policies, you should know one of the sites you're following as well) but also because I know there would be various reasons for framing such a policy.

More so, did I say framing such rules are wrong? NO. I just gave an alternative idea and expressed as to why one should think about it. Again, I would emphasize - take it or leave.

As to your wearing western formals, as I have already said earlier, we are not discussing what 1-2 co are doing, we are discussing what the rest 999 co are doing. Many salespersons are made to wear ties in hot humid climates. They do feel adjust. So if you are in a good job, then you won't be changing just because you have to wear western formals even. Moreover, not all body types fit into western clothes and look plump; hence feel conscious, but we are talking in general.

Exactly my point. There are different issues faced by different people. Let us not discuss as that is not the topic of discussion on this thread. I just mean to say if we have people coming to us with their grievances, let us make an attempt to solve it rather than just cocking that Everything's fine.

Yes, you are talking being liberal because we are talking about an average Indian co where people must be made to feel they are in the office by making them wear formals because how you dress affects how we behave - unconsciously thought. So if you have heard about even freelancers, they are suggested to dress up even if they are working from home because it changes their attitude too.

I don't know about this. Honestly, as I said, I wear business casuals to my workplace. In all the 3 places I worked. All belonged to different industries, and all were in different turnover segments. Anyway, I was never distracted from my work because of me dressing business casual and neither have my work-team faced a problem. They all are happy to have a business casual policy, and we all know the difference between Complete Casuals and Business Casuals.

Again, I would say you're generalizing on what you commented. Who is thinking of even taking up your suggestions which are practiced by 1% of co? HR policies made in idealistic armchair settings don't stand the test of time and are a laughing stock in a manufacturing co setting. So please keep your suggestions for your dream co and come to present ground realities, which I guess you are far from.

I said I have a right to express my view. I didn't ask you to follow. You don't follow, but don't make a fuss of it. Sure, you might be experienced, but honestly you cannot approve of ideas from your subordinates.

Honestly, I don't even care who would validate my idea. Just as you'd progress your way, so would I. I have implemented my suggestions and have seen them implemented at various places. You can have your policy in your workplace, and please don't deter people who wish to try something new. I didn't force you to implement it, nor am I forcing others.

Thank you for all your comments, anyway.

If you had been reading properly, I said if following a company policy makes someone dissatisfied, then so be it. Don't come aboard then. But don't make a fuss after coming. People will always have expectations beyond what the organization can provide. Hearing is one thing, and bending policies is another. Following company policies doesn't make anyone inhuman. I am here not to croon lullabies to a few, nor am I interested in being a mother to them.

Industry Differences

IT/media/fashion are not trendsetters. They are different industries. You can be creative in your resume while applying to them because creative people are handled differently. The industry is usually lenient with them because they don't have fixed working hours, hence liberty in dressing, and they appreciate it. You ought to know that before taking my criticism personally.

Dress Code Concerns

Why should your work team have a problem with you wearing business casuals? Is it a norm in your company to comment on what dress you wear every time?

We are not interested in what your statistics are regarding your dressing pattern but rather in general dressing rules. It is pretty apparent that people, in the name of trying new HR policies (reinventing the wheel, I suppose), are being made in an armchair setting, that too by people who have never seen the inside of a factory setting where thousands of ordinary people work, not some BPO setting dealing with teenage tantrums. I suggest you go meet people in the factory to know the real India!!!

Thank you.

Dear Sid, I am on the same page with you by suggesting that management shall not tolerate indiscipline. If you see my previous post, I recommend even disciplinary action against those who do not wear the uniform. What I wanted to communicate is that an action is possible if it is made part of the company's policy or an agreement or part of standing orders to enable the management to enforce discipline on this count. I hope I stood clarified.

B. Saikumar Mumbai

Dear Member, This seems to be a pressing problem when your subordinates are not following or even interested in the company's directions or policies, such as not adhering to the dress code. A few points I would like to make are that if employees have not been required to follow dress codes for a long time, it may take some time for them to adjust to this new requirement. Identify employees not complying with the dress code, give them written warnings on notice boards, post the same notice in their department, and ensure they come in uniform only at the security check gate. Avoid disrupting company operations, as some employees may even choose not to come to the office. Utilize psychological strategies, engage with team leaders or unit heads, and emphasize that adherence to the dress code is a decision of top management for organizational growth and to uphold company rules and regulations. Allow employees time to understand the value of policies and uniforms. Instead of immediately taking strong actions, consider measures like salary deductions or exclusion from recognition awards. Implement new plans and strategies; success will follow after some time. Regards, Manish Srivastava Correct Certification

Dear Seniors,

In my present organization, I'm facing the problem of dress code. Here, some employees are wearing formal attire, and most of them are in casual wear. Even though I circulated the rules and regulations on the notice board, some employees seem to disregard these guidelines. Can anyone help me with how to overcome this issue?

Addressing Dress Code Compliance Issues

This seems to be a concerning problem when your subordinates are not following or showing interest in the company's directions or policies, such as not adhering to the uniform policy.

A few points to consider:

- If these employees have been working without a strict dress code for a long time, it may take some time for them to adjust to this new requirement.
- Identify employees not complying with the dress code.
- Issue written warnings on the notice board.
- Post the same notice in their respective departments.
- Enforce the uniform policy at the security gate.
- Avoid disrupting company operations, as some may even skip coming to the office.
- Use psychological techniques; communicate with them, involving team leaders or unit heads to emphasize that this is a top management decision for organizational growth and to maintain respect for the company's rules, regulations, and code of conduct.
- Allow them time to understand the value of policies and uniforms. Instead of immediate strong actions, consider salary deductions or exclusion from employee recognition awards.
- Implement new plans and strategies; success may follow after some time.

Regards,
Manish Srivastava
Correct Certification

I am working as an HR in a Real Estate company in Noida. We have a Dress Code policy and Office Timing Policy in place, yet employees are arriving late, taking unauthorized leaves, and not adhering to the business formals as per the policy. They are violating the company policy. As an HR, I am being reprimanded by the top management for not wearing formals and for irregularities & absenteeism.

Request for Assistance in Addressing Policy Violations

Please draft emails to address or eliminate these issues. I would be grateful for your assistance.

Thank you.