Is It Fair for Management to Mark Me as Absconding for Requesting Extended Remote Work?

Hello, I have been working in a company for more than 3 years now. Just before the start of the lockdown, the company allowed WFH for all employees and informed them that it would continue at least until December.

Now, they are calling all the members (who were at their native places in different parts of the country) of my team to report to the office with a notice of 10 days and start working from next week.

The relocation from different states near the office and finding safe accommodation can take time in a POST-COVID scenario.

In December, we have Christmas vacations from the 25th till January 4th. So, again the employees will be willing to get back to their families instead of spending time alone.

I had written emails describing the health risks of the repeated travel to and from in a short span of time in this COVID situation.

But there has been no consideration in extending remote work for a few more days.

HR said that all my points are valid, but I'll have to come to the office nonetheless, or else they will mark me as absconding.

Questions:

1) Is the management right to mark me as absconding? I am not fleeing from the company, just requested a little more time to allow working remotely and will be working.

2) If not, what options do I have?

The threat of the second wave of COVID-19 in India

The threat of the second wave of the COVID-19 pandemic is looming over India. Given this situation, calling employees back to the office poses a significant risk. This risk extends not only to those who have to travel from their home state to the office location but also to those commuting within the city, increasing the potential exposure to COVID-19.

If there has been an office circular issued by HR mandating the physical presence of employees, it is likely that this decision was made under the instruction of top management. HR typically does not make such decisions independently.

Request for continued work-from-home

In light of these circumstances, I urge employees to unite and collectively submit a request to the MD of the company to continue with the work-from-home (WFH) mode of operation. It will be interesting to see whether the MD displays resilience or maintains a rigid stance.

In the event that the MD remains inflexible, you could consider reaching out to the labor office that governs your company's location and file a complaint. However, this course of action would involve traveling from your city to the office, making it less feasible.

Clarification on being marked as "absconding"

Regarding the question of whether an employee can be marked as "absconding" despite logging in officially, technically, the act of not physically attending the office cannot be equated with abandoning employment. HR may record an employee as "absent" for failing to report to the office in person. It is essential to distinguish between absence and abandonment.

Thank you,

Dinesh Divekar

Impact of Covid-19 on Employment

Due to the impact of Covid-19, everyone is passing through difficult phases. This has adversely affected businesses worldwide. To overcome this situation, some employers have terminated services and reduced the salaries of their employees.

Respecting Management Decisions

In my view, we must respect management decisions. Due to Covid-19, management has allowed employees to work from home until now. Perhaps due to administrative requirements, they are now planning for employees to return to the office. With lockdowns being lifted per central/state government guidelines, management can make such decisions.

Vacation and Accommodation Considerations

After a prolonged period of staying at home, going on vacation should not be a priority at this time. However, we may request an extension of deadlines and temporary accommodation arrangements until employees find suitable housing.

Compliance with Office Instructions

It is important to note that not following office instructions may be considered misconduct, and management has the right to take disciplinary action as per company policy. Both employees and employers are responsible for ensuring that everyone works in accordance with state and central guidelines.

Dear Jitendra Das,

Management's Decision and Employee Well-being

Yes, management's decision must be respected. Nevertheless, the decision has to be rational too. With the pending Christmas holidays, I do not find any rationale in calling the employees back from their faraway homes and making them work in person.

Is management not responsible for the well-being of their employees? If all work could continue in WFH mode, it should continue now as well. Secondly, if the management wanted to ensure the physical presence of the employees, they could have provided a proper justification for their decision. We are in the 21st century, not in previous centuries where the decisions of the top management could go unquestioned. Rather than controlling people, today's management practices focus more on customer satisfaction, employee motivation, promoting innovation at the workplace, and so on. Misplaced authoritativeness or forced compliance with the order will have repercussions of their own.

Clarification on "Vacation"

Secondly, nowhere does the poster write about the "vacation." Working from one's hometown cannot be construed as a vacation per se. Furthermore, the closure of the office on account of Christmas holidays is the official closure in many companies in India, and the same is the case here as well. Therefore, this closure also cannot be described as a "vacation."

Challenges of Working from Home

In fact, working from home also brings challenges in its wake. Nevertheless, for safety purposes, some employees prefer working from home. That "home" could be the actual home in the hometown and need not be the premises taken on rent or owned that are closer to the office.

Let us understand the proper difference in the concept of home.

Thanks,

Dinesh Divekar

Considerations for Returning to Office

Management needs to consider all aspects before calling all employees to work from the office location.

1) What is the state of COVID at the office location? What about COVID in places where employees stay and have to travel to rejoin duty?

2) Is work from home presently not achieving results?

3) If the company has holidays at the end of December due to Christmas, the point of calling employees hardly 10-15 days ahead of holidays needs reconsideration. Marking an employee absent who has logged in their attendance would not be in order. Employees need to get together and first approach the MD/Chairman and seek intervention. The last resort will be the Labor Officer of the area.