What to do if some workmen are not reporting from three to six month? What should be action will be taken against him?
From India
+2 Others


You must have a leave and attendance policy in place and it must have provided for dealing with incidence of absence.However the following procedure will normally be part of any leave and attendance policy.
Leave is not a matter of right. Therefore an employee is not expected to remain absent from duty without obtaining prior sanction of leave.
In case of unexpected emergencies, leaving him no time to obtain prior sanction, he has to inform the competent authority at least over phone initially and in writing subsequently the reasons for his absence and request for sanction of leave.
If a workman remains absent either without prior intimation or prior sanction of leave, such absence shall be treated as unauthorized and appropriate remarks be made in relevant records and no wages be paid to him for such period.
Thereafter you should send a letter calling up on him to report for duty immediately and submit explanation for his unauthorized absence.
If he does not respond, send two more such communications to his last known address.
If he reports for duty, ask for his explanation and if the explanation is satisfactory, close the matter by issuing a memorandum of caution not to repeat such conduct in future. if the same is not satisfactory, initiate disciplinary action as per your rules.
B. Saikumar
HR & Labour Relations Adviser

From India, Mumbai

You are required to follow the dictation of the certifying standing order and act accordingly. As per your posting workmen are absent over 3 to 6 month and their whereabout is not known to the management. Were they on leave or simply not coming? You need to check the leave status of these long absenting workmen. It seems workmen have been absconding or left the company without information to you. The absenting without intimation is treated as misconduct. Therefore you send them communication in registered post to report on duty as per the clause of the SO within 14 days from the date of issue. if failed to do so shall be treaed self abandoned of job.
From India, Mumbai

The queriest says; some employees absents 3-6 months. As rightly pointed by Seniors, the employees are not following Apptt.terms or S.O. t&c which will be specifying that absence for more than 8 consecutive days will result in taking disciplinary action. Some Cos. donot have HR Mgr, HR Dept. or even donít issue Appt.Order and play hide & seek. When employee absents & work in Tech.Prodn suffers; HRD is blamed.
Absenteeism is becoming a serious problem in some Cos. HRMgr. is often blamed for laxity. It can be controlled by proper monitoring of absenteeism using ABSENT NOTIFICATION Form. HRMgr has to initiate disci.action against erring employee or when a HOD sends A.N.F. to him. Proper Disc.Procedure tobe followed for AOS lest; Court may nullify Termination as void.
I am Ex AGM-HR&Adm.with 40 7 Mfg.Cos.(Steel Plant, Power, Chemical , Electronics Plants) & Mines HR, IR, LEGAL, & Admn., Management Works. I am providing Training to P&A Officers on all matters of H.R. Management - Recruitment to Separation (Soft & Hard Copy- for all HR Jobs for easy understanding & Adoption).
Imp. Labour Acts tobe displayed on NOTICE BOARD
As per Labour Acts, Laws, Principal Employers have to Exhibit ABSTRACTS of some of the ACTS on the NOTICE BOARD of the Company; failing which; Owners will be liable for Punishment including imprisonment. The Inspectors always check; if the prescribed Abstracts of the Acts (some are listed below) are exhibited on Notice Board & if not exhibited; issue NOTICES for violations:
1. Factories, Mines, Shops & Estt.Act- as the case may be.
2. The Payment of Wages Act, 1936
3. The Minimum Wages Act, 1948
4. The Employeesí State Insurance Act, 1948
5. The Employeesí Provident Funds & Miscellaneous Provisions Act, 1952
6. The Contract Labour (Regulation & Abolition) Act, 1970.
7. The Weekly Holidays Act, 1942
8. The Maternity Benefit Act, 1961
9. The Payment of Bonus Act, 1965
10.The Payment of Gratuity Act, 1972
11.The Workmen / Employeesí Compensation Act, 1923
12.The Industrial Employment (Standing Orders) Act, 1946.
13.The Industrial Disputes Act, 1947etc.,
I can provide some of the Abstracts+ Amendments + Imp. Rules of each Act.
I am also providing below
SOLUTIONS to some of the PERSONNEL & ADMIN. PROBLEMS for your infn. please. I hope; it will be informative and useful for ur P&A works.
I have Attached 53 Imp.HR Forms. (Abbreviations used to save space).
Some Co.ís face Manpower(MP)Shortage during Festivals like Duserha, Divali etc., when 3-4 days Holidays come at a time.
This problem can be reduced by providing Optional Holidays; As per Karnataka Holidays (N&F) Act, Companies are obliged to declare compulsorily the following 5 National Holidays:
1.Republic Day, 2.May Day, 3.Independence Day,
4.Gandhi Jayanthi, and 5.Karnataka Rajyotsav Day

Employees can be given Option to take Festival Holidays as per ur Co.Rules in a staggered way; depending upon the urgency of work tobe regulated by HODs.
This will help Continuous Working of the Cos.(like Mfg., Prodn., Maintenance, Service etc.,for un-interrupted Works) and ensures Min.MP to man Essential Services as most emplís donít observe all Festivals at 1 time & so, when 1 set of emplís take Holiday, other set can work & vise-versa. Thus, HODs can plan min.MP for Shift duty/ maintain Essential Services by adjusting MP to suit his needs & avoid work-stoppage etc. due to Holidays (without increasing Declared Holidays or violating Kar.N&F Holidays Act).
To Control, keep track of Optional Holidays, U have to adopt Leave Card System. Otherwise, where will u enter Holidays availed by the empls; how to keep track to ensure that empl. take only the declared No.of Festival Holidays.
Karnataka Govt.declared 25 Holidays for 2018 including 5 above.
Some Cos. still use Leave Appn.-(LA)Loose Forms to take Leave every time: As LA is loose, difficulty to Check, Account, Store, keep track; to make Monthly Salary besides PAPER & Printing Cost / WASTE where hundreds of emplís work.
You can PRINT & Use LEAVE CARD (LC)-RECORD & Stop LA:. LC is handy, Seniors can always Check, Find No.of times, days Leave taken; to Calculate Monthly CL, SL,PL/EL,OH, LWOP to make Salary. LC is a Record & Statutory and cannot be manipulated like Loose LA.
1 Card for 1 Employee for 1 year.
You can introduce LC from 1.1.2018. After one year, keep old LC- in Per.File as Record to verify in future. Easy for P&A. to work out Entitlement, Balance- Leave Management & Salary preparation. It is cheap & easy to maintain. Empl. will know how often he is taking Leave & HOD can caution, Mis-use/approve on need basis. Custody-P&A.Dept.. Each HOD to keep LC to facilitate his take Leave. HR to call LC when Reqd., to update Leave Regr, make Salary- Month-end, & in work out Leave earned, availed & balance & post in LC of all employees and update Leave Regr.
As the L.C. is frequently checked by HRM, HODs, Auditors & empl., GM / MD can rely on L.C. as an accepted document to crosscheck Leave encashment, DOJ, etc., & approve F.S. & avoid employee disputing Leave bal. while making F.S.
MAN DAYS - Absenteeism. As the L.C., will give total Leave taken by every empl., Monthly, Qrtrly etc., HRM can easily calculate Mandays (worked days) for Statu. Returns, HRIS & to control Absenteeism and to followup for Disciplinary action.
Recruitment work starts when User Dept. sends MPI/R.F. to HRDept. This Single Sheet Form has many Columns for HOD to Indent several posts- like Name/No.of Post tobe filled, J.D., Qlfcn, Exp.,Grade etc. (of the Person to be recruited), Reason/Justification for Recruitment- Resignation, Excess work due to Prodn. New Machine; etc., After Competent Authority, send to HR Dept. HRD to compare MP Appl. with MP Planning & Succession Planning Statements to Check Internal Candidates+CL etc. If no suitable match, take MDís appl. & start Recruitment process..

Below given is the ďH.R. SURVEY REPORTĒ of Cos.,(Factories, Estts., Mines) affecting P&A works; vis-a-vis Statutory Compliance etc;
Absence of Proper H.R. Systems, Rules, Policies leading to Problems for Statutory Compliance, Attrition, besides affecting Administration of P&A works.
(As per New PF & ESI Notifications (PF Form-11 to replace earlier Form 2 & Form 13), Cos. have to collect & provide all employees personal details + their Family, dependents, Nominee + Aadhar, Pan Card, Bank dtls.etc. & to keep in Per. Files; & to show to Officials to get benefits to employees in critical times).
1. Apptt. Order which binds Employer-Employee Relation do not contain essential Terms & Conditions of Service (Min. t & c -30 points). Pl. check No. of points in ur A.O. If not issued; pl. issue now to regulate/ Regularize Employment Relation as required under Labour Acts.
2. Existing Co. Application / Bio-data Form not providing imp. dtls.of all emplís, Family, Dependants, Nominee, Person to Contact in Emergency to update / furnish details in Statutory Returns to F.I., L.I.,P.F.I., ESI, Gratuity, HRIS etc.,(My NEW BIO-DATA FORM will help to collect all such infn.50 Points. Some Cos. adopted them as their Co.Appn. had less than 20points. Pl.check no. of points in ur Co.Appn. Form). If these dtls. are not yet taken; pl.take now from all employees, Update Statutory Returns, HRIS, Per.file etc.,
Where Co.Appln./Biodata was already collected while Joining; subsequent changes in Per.Infn. to be collected from all emplís; using P.I.C.N. Form.
However, many P&A Mgrs. donít have this Form & face problems to collect/give Per.dtls. to GM/MD, Govt.Officers etc. as following current infn. is missing-
1. No Present Address to send Notice to X,
2. Mobile No. changed & unable to contact X
3. No Nomineeís detls.or dtls. of Person to contact
in Emergency; to Notify accident etc.
4. No Nomineeí detls. to send payment of deceased X
5. No detls. of Marriage/Family, Children, dependents
6. No detls. of Aadhar,Pan Card for PF, ESI, I.Tax etc.
7. No detls. of latest Addnl. Qlfcn. etc., to
review Career Growth, Spl.Increment etc.,
As the above infn. have changed after giving Ist Bio-Data,and if Per.infn. not collected for 3-4 yrs., pl.make all emplís to fill & submit P.I.C.N. now so that U will have all employees dtls. in one Form (instead of piecemeal) to update Statutory Returns, PF, ESI, HRIS, Per.files etc.
My NEW P.I.C.N. FORM will help you to collect all such one Form.
4. No Recruitment Procedure- Absence of Man Power Indent, Interview Conducting, Appl. for Apptt.Forms etc., causes problems between HR Manager, HODs & GM,MD reg. Selection, fixing Designation, Salary etc.,
5. INDUCTION Process; the 1st Impression, Confidence building, sharing tool; between New Recruitee, Co., HODs & Reporting Officers do not exist. Joining, Welcoming, Introducing formalities; providing basic infn., supplying required tools etc., to the new Recruitee are essential for a career growth.
6. No Leave Card (LC)/ Record System to check/know PL & other Leave details as required by Labour Acts. LC is made for each empl.for one year; easy for HOD, P&A. to check no.of leave taken; & Easy to calculate total CL, SL, PL taken every month to make Salary Statement & easy to preserve in Personal Files for future checking . Existing Leave Appn. is loose; misplaces; & problem to check / keep track; delay Salary process. Hence, U can Adopt L.C. which is self-proof, Statutory for Leave Management, for Salary, F&F.S. etc.,
7. No proper Forms, Rules to Regulate Advance, Loan, Expenses, OD, TA, Co-Off, PL Encash, MB etc., affects Administration of P&A works. A uniform Policy, Form will reduce writing works & save precious time of Officers, employees and facilitate fast working of P&A and Accounts Dept.
8. No Proper Form for PA, JD, Discipline to Assess emplís Performance to give Designation, Promotion, Increment ; leading to Grievances, attrition, dis-satisfaction, problems to Co. to administer P&A works.
9. Master List of all Emplís-Statistical Infn. M.I.S. -Dept.-wise Designation-Wise, Grade wise & Category wise,- essential for M.I.S.-not there. These Monthly, Qrtrly, Annual Reports required to compile Statu.Returns+HRIS.
10. No Damage/Breakage/Injury Reporting System, Forms: Assets Registering / Movement Systems, Employment Injury; leads to laxity of control, coordination among HODs, Loss to Co., delay to claim/settle etc.
11. Resignation Acceptance, No Due/Clearance Certificate, Relieving & Final Settlement- No proper Form / System after HOD sends Resignation Letr. to HR. No Feedback to the person, HOD etc. from HRD reg. Resignation Acceptance, No Due/Clearance Certificate , Exit Interview, F.S. etc., to regularise Separation.
12. WHY STANDING ORDERS (S.O.) - I.D.Act - Issues.
A Certified STANDING ORDERS under Indus.Employment(S.O) Act; empowers the Co. to take Disc.Action against its Erring Emplís. for violating T&C in S.O. BUT; the Co. cannot punish Emplís. for acts not included in S.O. - SUPREME COURT.
Company Suspends, Terminates employees leading to Litigation, grievance; damaging Co.reputation; besides wasting Co.ís time & Money. TERMINATION WITHOUT ENQUIRY/NATURAL JUSTICE etc. IS ILLEGAL & Court can re-instate such Emplís.
S.O. Act obliges Cos.with 50+ adopt S.O. to regulate Employment Conditions, Master-Servant Relation -tobe Certified by DLC & displayed for infn. & compliance by all empls.

Imp.Doís, Donítís, Duties of Emplís., Mis-conducts forwhich emplís. LIABLE FOR DISCI.ACTION-80 points. Imp.t& Appt.Order.-for Sk.empl.-30,Suprvsrs & above-40.
Pl.include Imp.acts/Conducts in S.O. & A.O.,and Follow PROCEDURES of NATURAL JUSTICE to make Coís. action LEGAL.
This situation is due to lack of HR Training Professionals locally and they have to be hired from Outside. Also; lack of awareness (to use new Systems, Rules) among existing P&A Mgrs to report to GM/ MD to administer P&A works.
I have developed New Systems, Rules as per Labour Acts including F.A., S&Estt., Mines, PF, ESI,SO, IDA etc., to regulate Employment Rules, etc. Adoption of my HR Systems, Rules supported with Hard, Soft copy, will improve ur P&A works.
Every P&A Mgr. must have all Imp. Notifications, HR Systems, Rules to administer Co. works efficiently and P&A Mgr. is liable / answerable to
F.I., L.I., PFI, Pension, ESI, Medical Insurance, Gratuity, GST, PT, other Govt. Officers, Auditors, Superiors, HODs, GM/MD, Employees etc., and he has to solve all employees problems;keep Records in Per. Files for future ref.& to show to all when reqd. + PFI, ESI to get benefit to emplís in critical times.
I HAVE SENT dtls. of 53 Imp. HR SYSTEMS, RULES developed with my Exp. in 7 different Mfg.& Mines Cos., in Bellary, Chitradurga, Bílur, Chennai, Hyd., & as Secretary for ISO Certification. Like my NEW Co.Appn.Form, some of the NEW Systems are made to last for long years. Itís not there in many Cos. You may adopt them to simplify & improve your P&A& Accts. Works, preserve them as Statutory Records to comply with Labour Acts & reduce Legal Cost.
I can provide Soft & Hard copy of
BASIC RULES, FORMS to Professionally Manage all P&A. Works- + Procedures for Adopting:-
PA, OD, OP, GP, VP, TA, LTA, Resignation, Exit Interview, Clearance Certificate, F & F.S.
SHORT & LONG LEAVE Rules, Regr., P.L. Rules- Encash, Appn.Form, MB Rules, Appn.Form, Co.Off Rules +Regr. Appn. Form, Clubbing, W-Off., L.W.O.P.,
S.O. Certification Procedures, Letrs.Forms to Labr.Commr., List of DUTIES, MIS-CONDUCTs, Essential Services, All Service Rules, Forms, Bonds, Deeds, Contracts, Agreements etc.
Ė Provided to Group Cos. to SET UP H.R.Dept.- from the scratch - where No P&A. Dept., Per.File existed;, No Co.Appn., Appt. Order, S.O., Leave & Service Rules, ISO, Forms existed to Regularise Services of Emplís. working for many years;
Most Cos. Hire Experts to train existing Officers to improve the working of the Cos. MOST VALUABLE ASSET; the HUMAN RESOURCES & to solve HR problems.
Thanks. Pl.discuss with your Seniors / Recommend to your friends in other Co.s by forwarding this mail.
With Kind Regards,
C.Neyimkhan, HR&Mgmnt Consultant&Advocate,(Ex-AGM-HR&A)40yrs.exp. Phone:9535470460- E-Mailid:
Ex-Member, NIPM, Calcutta, Ex- Tr.-Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu, Malayalam + Hindi & English

From India, Mumbai

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