How Should I Handle Irregular Worker Attendance in a Unionized Environment?

Respected Seniors,

Greetings to all. I am Raja Sekhar, working with the Manufacturing Unit as an HR Executive. Our company has a Trade Union. A few of our workers attend their duties for only 10 days a month. They have been irregular in their duties for the past couple of months, disrupting the work environment. I have issued several warning letters to improve their attendance, but they have not shown any improvement. Therefore, I am considering taking serious action against them by either suspending or terminating them after an inquiry.

Steps to Take Action Against Irregular Workers

Could you please suggest the steps I should follow to take action against them?

Regards,
Raja Sekhar

Respected Seniors,

Greetings to all. I am Raja Sekhar, working as an HR Executive in a Manufacturing Unit. Our company has a Trade Union. Some of our workers are irregular in attending their duties, being present for only 10 days a month for the past few months, thus disrupting the work environment. Despite issuing several warning letters to improve their attendance, they have not shown any improvement. Therefore, I am considering taking serious action against them, either by suspending or terminating them after conducting an inquiry.

Could you please advise me on the appropriate course of action to be taken in this situation?

Regards,
Raja Sekhar

I asked each and every one individually earlier. They don't have any specific cause for being absent. They lack interest in their jobs and don't fear management because no action is taken by management. This culture is followed by other workmen.

Proposed Action: Suspension

Therefore, I believe that if we suspend one person, the rest will fall in line. Please advise on the steps (letters) we should issue to them for suspension, with or without an inquiry.

Considerations Before Taking Disciplinary Action

Suspension may be harsh and may be resisted by the employees. Though indiscipline is to be dealt with strictly, you need to assess other environmental factors, like how much support you can garner from the management if you take strong action against erring employees. Sometimes, you may be left alone to fend for yourself.

Secondly, how strong the union is in your company is another factor. Once you initiate action, they may raise industrial disputes, and you need to attend hearings and defend your case before the Labour Commissioner, which may be time-consuming. Sometimes, discretion is the better part of valor. Do a SWOT analysis of the situation before deciding upon any strict action.

Regards,
B. Saikumar
Mumbai

In my opinion, in this case, it's a lack of motivation in the working environment since staff do not care if they lose their jobs. It's better to have a staff meeting with everyone, and in the meeting, ask them what the problem is between the management and the employees. From the above sentence, I found that the employees are not caring about the management as well. If you suspend any of them, it will not work for your efficiency and effectiveness. You could consider putting a suggestion box in one side of the general ward of your office building and ask the staff to write their problems without mentioning their names. In my view, it's better to find out the reason behind this problem and then work on some motivation theory in your organizational environment. I am sure it will work.

Just pay them for 10 days only and issue a warning letter regarding the same. If there is still no improvement in their attendance, speak to the union about the issue. Inform them that if such behavior is repeated, strict action will be taken by management, including possible termination of services.

Hope this information is helpful.

Regards,
Derek Gomes

Since management has failed to act responsibly in the past and deal with the problems as they arose, they have established a negative precedent and provided an open invitation to the workforce to take time off regardless of the consequences to the organization. Such a stance is an infection that, over time, will fester into a serious internal ailment.

Steps to Addressing Management and Union Issues

After discussion with the Union, I would do the following:

1. Post a notice to the effect that in the past, certain actions detrimental to the company, against good order, productivity, and efficiency have been ignored by management. This is a notice that in the future, management intends to vigorously enforce the rules and regulations. Beginning __/__/20__, they are in full force and effect.

2. All employees will, effective __/__/20__, have all disciplinary incidents removed from their records. Such incidents will not be used in the future. In short, all employees will start with a "clean record."

3. Any management employee who does not comply with this directive will be terminated.

4. Any Union employee who violates the rules and regulations will be subject to discipline: (a) For minor infractions, a "progressive process" will be used - Verbal counseling (1st offense), written warning (2nd offense), suspension (3rd offense) without pay (from 3 to 15 days), and finally, when all else fails - Termination.

In cases of major violations: Assaulting/threatening a supervisor; unsafe acts that cause injury, death, or substantial damage to company/co-worker property; under the influence of alcohol or illegal drugs; theft of company property, and the like, WILL result in immediate termination.

The notice should be signed by the President/Chief Executive Officer and his staff.

Hope this helps.

Regards,
PALADIN

I agree with Derek Gomes, and that would be the best solution. Disciplinary action has to be taken, or employee rules and regulations need to be established. They should be aware that if they don't follow, they will be penalized.

Addressing Absenteeism in the Workplace

First, identify the root cause of the absenteeism. Try to educate them about their importance to the organization. Call their families and advise them to send their spouse to work regularly; otherwise, the days will come for their family to stand on roads. In many companies, this has worked.

Disciplinary Actions

Regarding disciplinary matters, first, serve them with an advice letter based on the clauses of your standing orders/rules. If the habit continues, serve them with a show-cause notice, call for an explanation, and serve a warning letter. Build up records. At the end of the year, put together all charges and conduct an impartial inquiry adhering to the principles of natural justice. A small punishment, such as demotion to a lower grade, may change their attitude.

For regular habitual absentees, you have to build the records. Conduct 2-3 inquiries. If the absenteeism is more serious—say for more than 1/3 of the working days in a year—if the management takes a firm stand, after a due inquiry, they can dismiss such employees. Nowadays, courts are also upholding the orders of the management in terminating the services of habitual absentees. It all depends on how you handle each case on merit.

Hope this will give you some useful ideas in dealing with habitual absentees.

Regards,
G.K. Manjunath
Sr. Manager-HR

Implementing an Attendance Bonus System

Start an attendance bonus system for employees who are present for more than 26 days and implement disciplinary action for those who are absent for more than 5 days. However, before making any decisions, it is essential to discuss this with the union and management.

Regards,
Dilip

Good one, Dilip, but take note of what type of absenteeism or if you have an annual leave policy.

Annual Leave Policy

- Annual Leave: 7 days
- Medical Leave: 7 days (must show proof)
- Child Leave: 7 days (must show proof)

If they use up the above leave, the company has the right to deduct pay accordingly. Those who do not use the leave get an additional 1 day (max of 14 days) for every year and a bonus payout.

Being absent from duties without any reason cannot be justified at all. I believe that disciplinary action must be taken against them by implementing Suspension Pending Enquiry. Being a unionized member does not grant the right to suppress management at will. Even those who are habitually absent are aware of this fact, as it is a part of the standard operating procedure. If such indiscipline is not addressed promptly, it may lead to further disciplinary issues.

Regards, Maroof

Addressing Unauthorized Absences in the Workplace

It has now become a normal practice among workers to be absent without permission and use those days to work elsewhere to earn more. Please check on this. If this is a case of dual employment, you can initiate disciplinary action and then terminate as well.

You can initiate disciplinary action on any one or two persons who are chronic absentees, like persons who have been absent for more than 20 days in a month consecutively for the past 3 months or so. Do not take action against all. This will only create a mob of restless workers who will flock together against the management and make a nasty scene. Always initiate action against small groups.

You can address workers who have been on unauthorized absence for 15 days and above later on. Moving in this manner has always helped me.

Regards,
Fredrick Castro