Employee's Alcohol Use and Family Complaint: Should HR Step In or Stay Out?

Complaint from the wife of an employee

Complaint from the wife of an employee regarding the consumption of alcohol and misbehavior towards her, wherein she has requested the transfer of 50% of the employee's salary to her account. An inquiry was conducted into the matter, and it could not be established that the employee misbehaves with his wife after consuming alcohol. However, the employee did admit to occasionally consuming alcohol.

Should the department take any action?

Should the department take any action on such complaints considering this is a family issue?

Dear Shirpa,

It is unfortunate that in our culture, husbands still come home in an inebriated condition, leading to domestic violence such as wife-beating. A wife bringing this to the attention of her husband's employer and requesting the transfer of 50% of his salary to her account indicates that the employee has become a drunkard and does not take care of his family's needs. Strictly speaking, the employer has no role to play in such complaints other than advising the concerned employee, which has already been done in this case. Therefore, write back to the employee's wife, stating that in such family quarrels, the employer cannot do anything more than advise her husband and encourage them to resolve differences amicably with the help of family elders.

Though there is a provision for redress under the Protection of Women From Domestic Violence Act, 2005, offering advice such as filing a complaint under the Act with the local police is not advisable, as the wife seems to be more emotional than rational.

Dear Shipra,

You have conducted an inquiry into alleged misconduct by the employee with his wife. However, what is the basis of this inquiry?

Understanding the nature of domestic inquiries

The relationship between the employer and the employee is formal and related to the workplace only. When an employee engages in misconduct at the workplace or related to their work, an inquiry is ordered to ascertain the facts. This inquiry is called a "domestic inquiry." However, "domestic inquiry" is a phrase, and we cannot separate these words and start conducting an inquiry into the domestic matters of the employee. Though the inquiry is "domestic," it has to be ordered only if the misconduct is related to "office activities."

Handling complaints from family members

Upon receiving a complaint from the wife of an employee, your company could have advised her to approach a family counselor. There are myriad issues between husband and wife, and for complaints on various issues by either party, we cannot start delving into their family matters. Yes, action can be taken against employees for engaging in activities involving moral turpitude or criminal activities, even if these are outside the employer-employee relationship. However, misbehavior with the spouse after consuming alcohol cannot be considered moral turpitude.

Cultural perspectives on family matters

In Western countries, the approach is more business-like, and severing relationships with kinfolks is not considered opprobrious. In contrast, India and the Indian subcontinent as a whole are highly family-centric. This cultural context makes people from these countries highly emotional. The emotionality forces people from the subcontinent to navigate complex kinship dynamics. Approaching office authorities to settle family matters by the spouse of an employee is an example of this.

Engaging professional counselors

Occasionally, companies need to engage professional counselors. Please note that "professional counselors" are different from soft skills trainers who certify themselves as counselors. These professional counselors visit company premises weekly or fortnightly. Employees can schedule an appointment to seek advice from the counselor on their personal issues. Companies pay the charges of the counselor as part of employee welfare. I wish your company had done something like this. This answers your question, "Can any action be taken by the department on such complaints as this is a family issue?"

Thanks,

Dinesh Divekar

Thank you, sir, for your valuable comments and opinion on the matter.

There is a provision that if an employee is habitually consuming alcohol or drugs and not taking proper care of his family, an inquiry is to be conducted. When the facts are established, 50% of the employee's salary is to be deposited in the dependents' account. In this case, the employee is taking proper care of his family, as established in the inquiry conducted by the department. The statements of his children and other family members were recorded. The wife also lodged a complaint with the police, but the police released the employee on bail after counseling. She is now approaching the management to request 50% of her husband's salary without filing a lawsuit.

Background of the Matter

In the background of the matter, the action taken by you is sound. It appears you are from a government organization. As the charges are not established in the formal inquiry, you have to close this at this stage. Further, if felt so, you can orally warn the employee that any such complaint in the future would lead to 50% of the salary going to the wife's account.

You have advised the originator of this post to warn the employee that if a complaint of misbehavior from the wife is received, 50% of his salary will be credited to the wife's account. However, may I know on what basis the organization can do this? No organization, whether government or private, can divert part of the employee's salary to some other account unless there is a proper court order.

Though dowry cases abound in India, it may be noted that there is harassment of husbands by wives as well. The misuse of Section 498A is rampant and is a major cause of suicide among husbands.

Therefore, members of the organization should exercise neutrality. We cannot take positions to treat one party as pure as the lily and tarnish the image of the other.

Thanks,

Dinesh Divekar

In a government organization, there is a provision that if an employee is found to be habitually consuming alcohol and, as a result, does not take care of his dependents, then 50% of his salary can be diverted to his dependents. This is provided that such actions of the employee should be established either in the inquiry conducted by the organization, police, or as ordered by the court, as the case may be.

Had you provided complete details about the type of your organization, such as whether it is a Central/State Government Department or a Public Sector Undertaking, and the relevant rules that empower the employer to take disciplinary action against its employees based on complaints from the spouse, including the apportionment and payment of 50% of the salary to the spouse, it would have helped outsiders like us gain more clarity before responding to your query.

I advised an oral warning with a caveat that 'if felt so.' As HR head, when the family of the erring employee comes complaining of such unhealthy behavior, a purely legalistic approach may not help to resolve the issues. In such situations, I have had to take extra measures and use a little arm-twisting, all for a good purpose and without any mischief. By the Grace of God, all worked well, and the tough advice has yielded intended results practically. In running large organizations, a purely legal approach may at times be counterproductive, and some liberties have to be taken, all for a good cause. If asked about legality, I have no difference of opinion with you.