How Should We Legally Draft Penalties for Ignoring the Office Dress Code?

Dear seniors, please help draft penalties for "Not Following Office Dress Code" policy as per law.

I would require more information on whether you are referring to a corporate office or a manufacturing facility such as a factory. Certain things would change in terms of the legal consequences of imposing penalties, as offices would be covered by the Shops and Establishments Act, and factories would be covered by the Factories Act.

Assuming you are referring to a corporate office, please draft an email that will be circulated to all employees clarifying the dress code with example pictures, if necessary. Formals or business casuals are usually preferred (with women having the option to choose between Western or Indian formals) in Indian corporate offices. Please ask respective department heads to also have a talk or send an email to their subordinates specifying the importance of dress code adherence.

Steps to Address Dress Code Violations

Now, in case of violations, the following steps can be taken:

1. If the violation is, for example, from an employee in the Finance department, have a session on the dress code calling all finance employees (for 15-20 minutes). This is a general way of addressing the issue, and the point is sure to be driven home.

2. In case of a second violation, please ask the immediate manager of the employee or department head to have a word.

3. For a third violation, HR and the department head can give a joint warning; please document the same in an email.

4. In the case of a fourth violation, please have the department head and HR explain the impact of non-compliance with central office policies on appraisals and thereby on hikes and appraisals.

I do not believe in the spirit of holding employees' salaries, sending them back home, or the dress code affecting their performance feedback. However, within reason, if it is affecting the morale of other employees, then take stringent action as necessary.

Hi,

A few additional inputs:

- Dress codes are typically cultural aspects and policy matters within the company.
- The code of conduct of the company plays a bigger role, and you can drive the dress code policy knowledge through briefings, assign supervisor responsibility, and include certain points in employment terms as a disciplinary aspect.
- Imposing penalties for violations is not a good approach, and there are no specific mentions, particularly on dress codes, in legislation to penalize violations.
- Some good points of view have already been highlighted by Expert Lucy for reference.

Understanding Dress Code Compliance

There could be situations where the dress code might violate employees' rights. Therefore, it is essential to understand why employees are reluctant to comply with the dress code.

I think you will find it difficult to implement this. If you have a uniform, you can insist that everyone wear it. In all other cases, you have some chance of taking action if it is specified in the appointment letter and/or in your Standing Orders.

Refer to the Payment of Wages Act

Please refer to sections 6 and 7 of the Payment of Wages Act, which provide the list of deductions allowed. For a penalty, there is a requirement that the offense must be outlined in a notice, which also needs approval from the labor commissioner. Additionally, there is a limit that the deduction cannot exceed 3% of gross wages.

Challenges in Imposing Penalties

Therefore, imposing a penalty for this is almost impossible. At best, you can send the person back home for not following the dress code. In the current situation, the employee will likely choose to go home and resign, opting to join a different company.