Chronic Late Coming and Absenteeism: How Does the Factory's Act Address These Issues?

Hi all!!

Is there some provision in the Factory's Act for problems like chronic late coming or frequent absenteeism without informing? At present, we warn our employees or, at times, issue memos if the situation gets worse. Can someone advise?

Hi Vinita,

There are no provisions under the Factories Act for absenteeism and excessive leave. As you have issued warning memos and counseled employees who are frequently taking leave, if this behavior persists, your company likely has standing orders detailing disciplinary actions for such cases. Consider actions such as termination, suspension of employees, etc. If necessary, invoke the standing order provisions and take appropriate action. Please note that this is a sensitive issue, and you must handle it with a clinical approach. Base your actions solely on the reasons provided by the employees. If the reasons are justifiable, continuous counseling sessions may be the only way forward.

If you have any doubts, feel free to ask me.

Regards,
R. Devarajan

Hi Vinita!

The root cause of this problem is the tolerant attitude in the initial phases of an organisation. However, the Model Standing Orders list "habitual latecoming" as a misconduct and is punishable. However, as already mentioned, the approach has to be very clinical because the moment you start punishing them for late coming, there will be resistance for late sitting/working as a retaliatory gesture.

The way I had practiced in my previous organizations is to first declare the intentions as amply as possible. If there is a union, take them/opinion makers into confidence and then start taking action against habitues. Go mildly at first but maintain all the records of advisements, warnings, censures, notices, etc. If still not manageable, then there is no alternative but to use the axe for which top management commitment is essential.

Please revert in case of any further queries.

Dear Vanita,

This is a common occurrence in many organizations. For individuals covered under Model Standing Orders, the procedure is as follows:

1) You need to issue warning letters, which I believe you have already done.
2) If attendance does not improve, you should issue a show-cause notice detailing the absent days and referencing the warning letters.
3) Provide a Chargesheet with reference to the Model Standing Orders.
4) Conduct a Domestic Enquiry.
5) Upon receiving the enquiry report, once again issue a show-cause notice asking why the individual should not be terminated.
6) If the response to the show-cause notice is unsatisfactory, you may proceed with termination and ensure all dues are paid in accordance with the law.

It's crucial to remember that documentary evidence is essential, and the principles of natural justice must be upheld during the domestic enquiry.

If you still have any doubts, feel free to email me at pghosh@nevatiasteel.com.

Partho

Dear Vinita,

As others are saying, you can get a Certified Standing Order for your company and act on these indiscipline issues. If there are no Standing Orders, then Model Standing Orders apply. Even if there are no Standing Orders or your factory is outside the coverage of the Employment Standing Orders Act, you can still go for proper disciplinary proceedings and award penalties.

Deductions of wages can be made for working fewer hours than the required amount; for example, if the employee works less than 48 hours in a week. The deductions should follow the procedures laid down by the Payment of Wages Act.

For instance, if a worker arrives half an hour late every day and the work period is 8 hours every day for six days a week, the person is effectively working for 7.5 hours each day, totaling 45 hours per week. In this case, you can deduct 3 hours' wages per week, which equals 12 hours in a month.

Please revert back for further queries.

Regards,
SC

Dear Vinita,

We have also faced the same problem in our organization. We have started late-coming deductions, and after that, it has improved a lot.

Hi,

You may want to have your own policy:

1. State office hours, e.g., 9 am to 6 pm.
2. Buffer time to reach the office 9 to 9:30 am - latecomers three times in a month will have half day's salary deduction.
3. Those who are late will be observed (keep a register - mandatory in the shop act - I don't know about Gujarat state - check it out).
4. Ask people to fill in time.
5. Note down latecomers - inform project managers/managers.
6. Do not interact with employees directly; let it go through the project owner/manager/supervisor.
7. Route this activity through PMs, give them authority.
8. At the end of the month, write an email to PM, cc'ing the employee, stating the number of late coming incidents and that salary will be deducted.
9. Let managers make the decision.

Believe me, this works. You do not have to get into any legalities, and people are not demotivated; in fact, they become more responsible.

Thanks,
Swapna

Hi,

If you want to stop it immediately, adopt this Gandhigiri approach. We reward the best workers based on their performance on the last working day of the month. I hope you have a similar practice in your organization.

Appreciate the person who is the most frequent offender by presenting them with a bouquet in front of everyone on the last working day of the month, highlighting them as the best latecomer to the office. Display their picture prominently on the notice board (which may sound funny) and observe the reaction. No one will want to be made fun of or ridiculed. This will result in immediate change. Challenge me on this if it does not happen.

Dear All,

All the methods mentioned above have been applied by us, but the situation did not change. To address this, we have implemented a new rule:

Office Timing: 9:00 a.m. to 6:00 p.m.
Working Hours: At least 7 hours.

Employees arriving after 9:30 a.m. are required to fill out a Flexi Hour Slip, available from the HR Department. The slip must be signed by the Team Leader and submitted to the HR Department in the presence of an HR representative.

Conditions:
- If an employee fills the slip more than 3 times in a month, half-day deduction will apply on a per-day basis.
- If an employee arrives after 9:30 a.m. without filling the slip, half-day salary deduction will occur.
- If an employee arrives after 9:30 a.m., fills the slip, but does not complete 7 hours, half-day salary deduction will be implemented.

Thanks & Regards,
Sujata Chakrabarti.