The Factory Act : Late Comers

Can any one mention the exact policy for late comers:
Some of the existing procedures follows are :
3 days late : 1 / 2 (half day deduction from wages / leaves
more than 3 days : Warning letter
whether we can deduct wages / salary for late coming? The policy in the factories act etc.
Whether,we can deduct leave from pl for late coming. What are the provisions of the act.
Whether we can sent back an employee to one particular day if he late by 30 minutes.
The seniors response shall be highly appreciated.
Regards
ram

Hi, There must be some reasons why one is getting late.you must first ask them about the reason why they are getting late and still if you are not happy with the reason than you must fire the employee.

Dear Ram,

As per my knowledge, there is no any specific provision for late coming in The Factories Act 1948, however, in The Industrial Standing Orders Act 1946, there are some clauses which may be decided for the procedural action against late coming.

First of all, there is no any legal clause to deduct 1/2 day or full day against late coming of employees. These may be the policies defined by management under their disciplinary code for the organization. Yes, as per model standing orders (Ind stand orders act), the employee who comes late on four occasions in a month, his act may be considered as 'Misconduct' and the concerend employee will be eligible for further disciplinary action.

Usually, in most of the organization, there are different actions against late comings by employees.

I would like to suggest few things,

1. The employee, who comes late on four occasion, may immediately be warned through a warning letter

2. If he comes late more than the four occasion, he will be asked to show cause for the misconduct he did. If found satisfactory reasons, he may be warned with Severe Warning letter.

3. If he still continues, then he will be asked SC and also will be treated for further strict disciplinary action like suspension not more than 4 days.

4. In other way, you can have the policies for the deduction of present hrs / leaves , like this way,

Upto 4 occasion in a month : No any deduction from salary

More than 4 and below 8 in a month : 1/2 day Casual leave (not PL or SL)

More than 8 occasions in a month : 1 full day Casual leave (not PL or SL)

5. Make such rules as a policy and circulate it in the whole premises, so that employees will get awareness for the same and ultimately it will be helpful to reduce late coming.

I think this will work for you...

Regards,

Atul S Malve

Manager- HR & Admin

Dear Ram,
As such there is no policy in factories act, all the deduction are governed by payment of wages act, i m mentioning below the exact word of factories act. If you need a late coming policy then let me know.........
INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946
Notification No. L.R. 11 (37), date the 18th December, 1946
8. Attendance and late coming.--All workmen shall be at work at the time fixed and notified under Paragraph 4. Workmen attending late will be liable to the deductions provided for in the Payment of Wages Act, 1936.
NOTE.- All workmen shall have to do the work in establishment at the time fixed and notified under Para 4. There is a provision for deduction in the payment if some one becomes late according to the Payment of Wages Act. 1936.
Regards,
Pradeep

Dont fire ur employee,
try to understand them why the r coming late everyday,what is the reason.

Dear Ram
Refer to your query, Late coming shall not be accepted under the rules of Discipline. Based upon genuine conditions and circumstances, the Management shall allow to permit for late coming.Disciplinary action to be taken under the Provisions of Indl.Employment (Standing Orders) Act -1947. If your organisation having more than 50 employees you can frame the Standing Orders to be certified by Certifying Officer of the said act or otherwise you will follow the provisions under Model Standing Orders.
There is no specific provision/policy in Factories Act for late coming.
I agree with opinion of Mr.Pradeep has suggested.
Regards
V R RAO PULIPAKA.

Dear Manial: I endorse Atul's view. To supplement, the provision regarding deduction of wages for late coming is provided in the Payment of Wages Act which provides for proportionate deduction (Section 9) . Moreover such provisions exist in Standing Orders. If you have a Certified Standing Order please look for provision regarding payment of wages/attendance & late coming, shift duty etc. You would find the provision. In case there is no provision or in the absence of clear cut provision anywhere, administrative instructtions need to be issued informing all employees about this computation formula. There is no fixed formula like 1/2 day c.l. deduction for every three time late coming or 5 time. These are administrative instructions and have to be issued to all employees before implementing> Hope you finnd this informative. KK Nair

I've been working in Rolling Mill and Sponge Iron units for quite some time now... I've too found late coming habits as a bug and keeps spreading from one employee to other. Its not the same person all the time. But some one or the other is late everyday and this brings down the actual man hours that I can get on the shop floor. What I did in my company was not actually deduction. Name of the Late entrants were listed out on Notice board on daily basis. This was a moral shame, and reduced late coming by around 40%. Still there are exceptional cases with genuine reasons......
We've still got a long way to go.....
Warm Regards,
Liboy Bonny,
+918670777611

Dear Mr.Ram,
I am agreeing with Mr.Atul. But you have to find out reason behind that and try to solve problem if possible from your side.
Your company location and transportation facility should be considered before taking any action...

Hi, I just want to know about the follwoing
1- What are the legitimate deductions are admissiable under payment of wages act and in what percentage of deduction, which can be made one at a time from the salary of a workman.