An employee representing a political party out side, does that attract dual employment? if that attracts dual employment, can an employer take actions as per appointment letter ?
From India, New Delhi
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1From India, New Delhi
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This cannot be considered dual employment. His involvement would be non-remunerative and voluntary.
Participation in Political Activities
Any employee can represent a political party, as long as their political duties do not interfere with their capacity as an employee and their commitment to duties and responsibilities to the organization. They cannot have any concessions for such political activities.
For example, if an employee applies for sick leave and is found to be staging a hunger strike outside for a common cause as a political leader, they are subject to disciplinary action by the management.
If they are holding any unlawful assembly or meeting inside the factory premises or at the factory gate, then they are again subject to disciplinary action by the management.
From India, Madras
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Participation in Political Activities
Any employee can represent a political party, as long as their political duties do not interfere with their capacity as an employee and their commitment to duties and responsibilities to the organization. They cannot have any concessions for such political activities.
For example, if an employee applies for sick leave and is found to be staging a hunger strike outside for a common cause as a political leader, they are subject to disciplinary action by the management.
If they are holding any unlawful assembly or meeting inside the factory premises or at the factory gate, then they are again subject to disciplinary action by the management.
From India, Madras
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Dear Raghu, in a democracy, a political party is an indispensable denomination of people's representation. Therefore, floating a political party or being a member of any political party by anyone, either as an individual or as a paid employee, is not an unlawful activity unless that particular political party is banned by the Government. Nor can it be equated with that of any employment, whether self-employment or paid employment. However, there is a specific rule prohibiting Government employees from being members of any political party or taking part, either directly or indirectly, in political activities sponsored by any political party during their tenure of employment.
Private Sector Employees and Political Party Membership
As for employees of the private sector, it depends on the service regulations of the industrial establishment concerned. If the rules of the establishment prohibit simultaneous membership of its employees in any political party, it will not be illegal, as the employee has the discretion to choose either their employment in the organization or their political party membership.
While I agree with the view of our learned friend Babu Alexander that the formal association of an employee with a political party cannot alter their susceptibility to the rules of discipline of the establishment in case of misconduct, I believe that such a sanction, either explicit or implicit, would certainly lead to unnecessary problems in the organization.
Potential Issues with Political Party Membership
What if the employer belongs to a diagonally opposite political party? What if the entire employees belong to different political parties in varying numbers? What if a manager initiates disciplinary action against an employee belonging to a different political party due to political animosity or otherwise? What if the majority of workmen of a particular section start complaining against alleged ill-treatment by their supervisors because of their allegiance to a particular political party? This situation would undoubtedly lead to chaos and anarchy.
The workplace, as well as the employment process, is a cooperative endeavor of a closed social group comprising people with individual differences, and allowing political inclinations among them to reflect on their teamwork will certainly disrupt the well-knit social fabric. Therefore, though membership of an industrial employee in a political party is not illegal per se, nor can it be construed as dual employment, it is advisable to prohibit it appropriately.
Thank you.
From India, Salem
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Private Sector Employees and Political Party Membership
As for employees of the private sector, it depends on the service regulations of the industrial establishment concerned. If the rules of the establishment prohibit simultaneous membership of its employees in any political party, it will not be illegal, as the employee has the discretion to choose either their employment in the organization or their political party membership.
While I agree with the view of our learned friend Babu Alexander that the formal association of an employee with a political party cannot alter their susceptibility to the rules of discipline of the establishment in case of misconduct, I believe that such a sanction, either explicit or implicit, would certainly lead to unnecessary problems in the organization.
Potential Issues with Political Party Membership
What if the employer belongs to a diagonally opposite political party? What if the entire employees belong to different political parties in varying numbers? What if a manager initiates disciplinary action against an employee belonging to a different political party due to political animosity or otherwise? What if the majority of workmen of a particular section start complaining against alleged ill-treatment by their supervisors because of their allegiance to a particular political party? This situation would undoubtedly lead to chaos and anarchy.
The workplace, as well as the employment process, is a cooperative endeavor of a closed social group comprising people with individual differences, and allowing political inclinations among them to reflect on their teamwork will certainly disrupt the well-knit social fabric. Therefore, though membership of an industrial employee in a political party is not illegal per se, nor can it be construed as dual employment, it is advisable to prohibit it appropriately.
Thank you.
From India, Salem
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Dear Friend,
Action can be taken if it violates the terms and conditions of your Standing Order or rules of the organization. In general terms, any person can follow a political party as a citizen under his fundamental rights. His above action should not be violating any terms and conditions for which he is bound or not contravening or detrimental to any laws and rules.
From India, Mumbai
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Action can be taken if it violates the terms and conditions of your Standing Order or rules of the organization. In general terms, any person can follow a political party as a citizen under his fundamental rights. His above action should not be violating any terms and conditions for which he is bound or not contravening or detrimental to any laws and rules.
From India, Mumbai
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Industrial Employment Standing Orders Act 1946.pdf