COVID-19 Safety in the Workplace: Can HR Act When Employees Ignore Precautions?

Dear All, We had circulated the precautionary steps for COVID-19 in the factory, but the employees are not following these steps. If an employee does not follow the prescribed precautions, can HR take necessary actions against them? Thank you.

You can certainly take action against any employee for not obeying instructions of any kind. This is a very serious issue that may even lead to the shutting down of the establishment itself. Therefore, you can definitely go ahead with it.

Disobeying Employer's/Management's Order

Disobeying an employer's or management's order, whether verbal or written, by any employed person constitutes serious misconduct as per the CSO or service rules applicable to him/her/them. Take disciplinary action steps without hesitation under the authority of the disciplining authority.

Harsh K Sharan, Kritarth Consulting

17.7.2020

It can be treated as misconduct and has to be dealt with accordingly, i.e., an opportunity for defense should be provided to the workman.

Dear M. Bharath,

Safety First

Please remember SAFETY FIRST! SAFETY FIRST IS SAFETY ALWAYS! Your employees are your assets. You have to take care of them.

Government Guidelines

The Government of India (GOI) has issued guidelines from time to time on preventive measures to contain the spread of COVID-19 in the workplace. Even the state government as well as local authorities have issued various guidelines and procedures in this regard.

Legal Consequences of Non-Compliance

Violation of any guidelines will attract punishment under Section 51 of the Disaster Management Act. Section 51(2) states that anyone who refuses to comply with any direction given by or on behalf of the Central Government, State Government, National Executive Committee, State Executive Committee, or District Authority under this Act shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with a fine, or with both. If such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, the individual shall, on conviction, be punishable with imprisonment for a term which may extend to two years.

Enforcing Compliance

Under the circumstances, you should be extra cautious. You are responsible for enforcing discipline in the workplace and complying with the guidelines. You should be very strict in complying with the guidelines. If anybody is found violating the norms of discipline, they should not be spared.

Disobeying instructions from a superior is misconduct, as stated by earlier learned members.