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Jacob Joseph (Legal Intern)     13 July 2012

Mandatory religion clause

Hi, I'm a law student doing a little research and I wanted to know whether there is any statute or directive which makes it mandatory that an employment application form (Private) has to have a question asking for the religion of the applicant, and the same being a mandatory field to be filled by the applicant?

Thankyou



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

yes there are directions from the indian govt to evrey govt agencies hiring and recruiting employees and giving employemnt to keep records of the religion and gender applicants and recruited persons so that sharp eyes be kept on the recruitment and take necessary steps if particular religion or gender is remaining behind in recruitment.

record is kept on percentage -

applicant gender

male-200

female-100s

seats-100

recruitment percentage gender-

male -75

female-25 it means their is no need for the reservation for females as total applicants applied from both male or female have satisfactory recruitment ratio

same is for the religion

for this directive clause you have to look into the guidlines for public service commsion and all other commsions

Jacob Joseph (Legal Intern)     16 July 2012

Thank you Sir, the information is very helpful.

But I would also like to know whether these directives are also applicable in Private Companies/Firms?

Also I would be highly grateful if you could also cite any reference from where more information on the same could be collected.

Thank you in advance.

Regards,

Jacob

Kumar Doab (FIN)     17 July 2012

This is an interesting thread. Valuable advice of learned experts/members is sought.

The following is with limited understanding on the matter.

Private Companies/Firms/Institutions also have to adhere and prescribe to various laws, enactments, rules enforced by Central Govt, State Govt e.g

PF act, Gratuity Act, ESIC Act, SE act, Payment of wages act............etc and have to get the forms prescribed by govt from employees and submit these. If there is a column for religion, it has to be filled. Employment application form may have a column for religion.

It is not drifting from being professional and getting personal and in all probabilities it is not forbidden or prohibited.

You may log on to labor websites.

As you are researching the subject kindly share your finding in the forum.

There are some other aspects e.g. if you have to offer prayers on a particular time/day/date as per faith and religion, employer has to take it in account. If one employee mentions that working on Sunday is against his/her religion, he can not be forced to work.

There may be some holidays for believers and followers of a religion which are not national but are valid and are observed by the employees of that religion. If majority of the employees are from particular religion employer may fine tune its policies to suit them,.e.g. dress code and all concerned have to be informed to allow it e.g. Sri Sahib ( Kirpan- a small sword) which a baptized Sikh is expected to always wear, head covering/veil which a muslim lady shall wear, all this is to be informed to security staff and others. An employee on deputation abroad is to be briefed that head coverings are not allowed as per law of the land and employee has to make a choice. Employer may frame some policies and rules so that if employees of one religion are in minority their interest is also taken care of and there is no indiscrimination. No one can be intentionally discriminated against or harassed because of their religious beliefs.

Such indiscrimination at workplace can lead to serious implications. Employers have to subscribe to civil rights and acts. Private Companies/Firms/Institutions might have availed some incentive/relaxation/exemption from govt while setting shop/acquiring land and might have agreed to extend relaxation to individuals from particular ethnicity.


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