Typically, an employee might disagree with his/her manager and may also voice this dissent. However, how they express this dissent is crucial, especially if the employer decides to take disciplinary action against the employee.
Bhide says: “An employer may dismiss a worker on grounds of insubordination after conducting a domestic inquiry in accordance with principles of natural justice.”
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Is disagreement with the manager considered as misconduct?
Sonam Chandwani, Managing Partner, KS Legal & Associates, told ET Wealth Online that disagreeing with a manager’s actions, per se, is not misconduct.
Chandwani says: “However, the manner, forum, and tone of disagreement are crucial. Professional dissent expressed through proper channels is generally protected, but public defiance, refusal to follow lawful instructions, or conduct undermining workplace discipline may expose the employee to adverse appraisal consequences.”
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Disagreement with manager if expressed in a professional and respectful manner is not insubordination
According to Chandwani, insubordination in labour law generally refers to wilful disobedience of a lawful and reasonable order of a superior.
Chandwani says: “Merely disagreeing with a manager’s decision, if expressed in a professional and respectful manner, does not automatically amount to insubordination. However, if the disagreement is expressed in a manner that is abusive, disruptive, or amounts to refusal to carry out lawful instructions, an employer may initiate disciplinary action.”
Chandwani mentions that whether termination would be legally sustainable depends on the employment contract, certified standing orders (if applicable), and whether principles of natural justice were followed, including issuance of a charge sheet and domestic enquiry in the case of a “workman” under the Industrial Disputes Act.
What if you complain about the manager’s lack of leadership skills to HR?
Chandwani says raising a complaint to HR about a manager’s lack of leadership or its impact on morale, if done in good faith and through internal grievance mechanisms, is generally protected as a legitimate workplace grievance. Chandwani says: “Retaliatory termination purely for lodging a bona fide complaint may be challenged as unfair labour practice, victimisation, or wrongful termination, particularly for workmen.”
According to Chandwani, if the complaint is found to be malicious, defamatory, or part of a pattern of indiscipline, the employer may justify action based on misconduct rather than the act of complaining itself.
Managers and employees: Disciplinary action
Chandwani says that the Indian labour law does not specifically codify “insubordination” in a standalone statute but recognises it as misconduct under model standing orders and service rules.
- Workmen: For workmen, termination for misconduct must follow due process, including a fair domestic enquiry.
- Managers: For managerial or supervisory employees not covered under the Industrial Disputes Act, the relationship is largely governed by contract, company policy, and constitutional principles in public employment.
Chandwani points out that in cases of disciplinary actions, courts typically examine proportionality of punishment, procedural fairness, and whether the order disobeyed was lawful and reasonable. Courts also look at whether the employer’s decision on increment or disciplinary action is bona fide, proportionate, and consistent with established policy rather than a punitive response to legitimate dissent.
