Can Employees Legally Join a Political Party While Working in the Private Sector?

Hello All, I am Ashwini, Asst. HR Manager of an IT company. Is it legally allowed for an employee to join a political party while in the service of a private sector organization? Let me know your valuable suggestions. Thank you all in advance.

Is this query for yourself or some other employee of your company? Employees in their off-duty hours are free to pursue their hobbies or engage in any legal activity. Joining a political party is not illegal. Therefore, I do not find anything wrong per se in this.

However, keep a check on such employees' activities. He/she should not use the company's premises for promoting the thoughts of some political party. An employee cannot distribute pamphlets of any political party. Secondly, employees should not use the company's computers for sending emails for canvassing. The workplace has to be kept strictly apolitical. I would rather go further and prohibit employees from the explicit expression of their political views. What if there are employees who have contrary political thoughts? The workplace should not turn into a forum for political debate!

Above all, what matters is the performance of the employees. This obsession with politics should not degrade an employee's performance!

Government employees are strictly prohibited from becoming members of any political party. There is no restriction as such on employees from the private sector. However, government employees can attend political rallies during their off-duty hours.

Do you have approved and certified standing orders? Generally, all these clauses are included in the standing orders.

Ok...

DVD

Political Activities and Employment Restrictions

Generally, only public servants (both officers and other employees in government service) are not allowed to join political parties and engage in political activities. In PSUs, officers are public servants, so the restriction applies. Workmen are not prevented from joining any political party; however, any political activity is prohibited on the factory/office premises. These restrictions arise from rules with statutory force.

In the private sector, there is no such restriction as per any statutes. However, at the same time, I think there is also nothing to prevent the management from prohibiting joining political parties/activities as part of the terms and conditions of service for officers or through standing orders for workers.

Government Service Restrictions on Political Activities

The restriction imposed in government service is due to the reason that in administering government policies in a welfare state, there shall be no fear or favor on the part of government servants. By becoming active political activists, they may become biased, or the suspicion would persist, so there is an express ban on political activities.

Political Activities in the Private Sector

In the private sector, there is no such possibility. Being commercial enterprises, they look for ways and means to enrich themselves, and active political involvement is not ruled out. However, it is a moot point whether in the private sector, employees have any time left for pursuing political activities.

Thank you.

If your terms & conditions of appointment or Statement of Work (SOW) do not prohibit it, yes, you can actively involve yourself in politics. Why do you have this doubt? You have many examples in India. In recent times, Nitin Gadkari of BJP, the Scindias of Congress, Madam JJ of AIADMK (remember the TANSI case), and Dayanidhi Maran of Sun TV (remember the 2G case) have been involved. I think at least 50% of our politicians, in one way or another, are actively involved either in business or are part of a business in the private sector. And no doubt they would have some links with scams.

Normally, we do not allow employees to participate in politics. Additionally, most private limited companies do not consider individuals with a political background for employment.

One-on-One Session with the Employee

Currently, there is a need for a one-on-one session with the employee to clarify whether they intend to pursue politics as a full-time commitment or as a part-time hobby. If the employee has requested permission for political involvement, it indicates a desire for full-time political engagement. Therefore, I recommend discussing the company's goals and objectives with the employee, as there may be clauses in the appointment letter pertaining to this issue.

Part-Time Political Activities

If the employee intends to engage in part-time political activities such as rallies, it is important to ensure that such involvement does not impact the company's targets and workloads. Monitoring the employee's attendance record in this regard is advisable, and it is essential to communicate clearly with the employee regarding your perspective.

Ultimately, the decision lies with the management, so it is advisable to consult with senior management on this matter.

Thank you.

Political Parties and Organizational Impact

We want political parties to stay outside of organizations. If any political party joins an organization, they will start different types of groups within the organization. This can demotivate the labor's work commitment, ultimately affecting the organization's productivity. Therefore, my personal suggestion is that individuals with a political background should not be permitted to enter the organization.

Regards

I do not think there is anything wrong with joining a political party for any employee working in the private sector. We are living in a democratic country. However, at the same time, private company management should ensure that their employees work in the workplace and do not use it as a platform for their political career.

Suggestion for Management

My suggestion is that management should create a model standing order for the company, clearly indicating this aspect and implementing it in the workplace.

Regards,
R K Nair

Freedom of Association in India

Why can't anybody join any front when this is a right guaranteed by the Constitution of India under the fundamental right "Freedom of Association"? Denying this right is harmful to all.

Thanks & Regards,
Sumit