Hi All!!
Is there some provisison 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 memeos if the situation gets worse.
Can aomeone advise.
From India, Bharuch
16Is there some provisison 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 memeos if the situation gets worse.
Can aomeone advise.
From India, Bharuch
hi vinita
there is no provisions under the factories act for absenteeism and excess leave. as you did give warning memos and counsel the employees who are taking habitual leave. if the same continues, your company must be having the standing order wherein the disciplinary actions for such cases will be enacted. see what actions like termination, suspension of an employees, etc., if so invoke the standing order provision and then action appropriately. note this is a very sensitive issue and you have to be very clinical in nature. you should take action only based on the reason of the employees. if the reason from the employee is justifiable, then there is no other go other than conducting continuous counselling session.
further any doubt you may ask me
regards
R Devarajan
From India, Madras
there is no provisions under the factories act for absenteeism and excess leave. as you did give warning memos and counsel the employees who are taking habitual leave. if the same continues, your company must be having the standing order wherein the disciplinary actions for such cases will be enacted. see what actions like termination, suspension of an employees, etc., if so invoke the standing order provision and then action appropriately. note this is a very sensitive issue and you have to be very clinical in nature. you should take action only based on the reason of the employees. if the reason from the employee is justifiable, then there is no other go other than conducting continuous counselling session.
further any doubt you may ask me
regards
R Devarajan
From India, Madras
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 u start punishing them for late coming, there will be resistance for late sitting / working as a retaliatory gesture. The way I had practised in my previous organisations 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 advises, warnings, censures, notices etc. and if still not manageable then no alternative but to use the axe for which top management commitment is essential. Pl. revert in case of any further query.
From India, Ahmadabad
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 u start punishing them for late coming, there will be resistance for late sitting / working as a retaliatory gesture. The way I had practised in my previous organisations 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 advises, warnings, censures, notices etc. and if still not manageable then no alternative but to use the axe for which top management commitment is essential. Pl. revert in case of any further query.
From India, Ahmadabad
Dear Vanita,
This is a normal in many organisation. For people like that if he/she is covered under Model standing Orders, then the prodcedure is
1) You need to give warning letters which i believe you have done.
2) If attendance doesn't improve, you need to give a show cause notice giving details of absent days and referance of warning letters.
3) Give Chargesheet with referance to Model Standing Orders.
4) Hold Domestic Enquiry.
5) After getting enquiry report, again give show cause as to why he/she should not be terminated.
6) If the show cause is not found satisfactory, you can go ahead and terminate him/ her and pay all dues as per the provisions of law.
We need to remember that, documentary evidence is very important and also the principles of natuaral justice should be followed during domestic enquiry.
If you still have any doubts you can mail to me at
Partho
From India, Thana
This is a normal in many organisation. For people like that if he/she is covered under Model standing Orders, then the prodcedure is
1) You need to give warning letters which i believe you have done.
2) If attendance doesn't improve, you need to give a show cause notice giving details of absent days and referance of warning letters.
3) Give Chargesheet with referance to Model Standing Orders.
4) Hold Domestic Enquiry.
5) After getting enquiry report, again give show cause as to why he/she should not be terminated.
6) If the show cause is not found satisfactory, you can go ahead and terminate him/ her and pay all dues as per the provisions of law.
We need to remember that, documentary evidence is very important and also the principles of natuaral justice should be followed during domestic enquiry.
If you still have any doubts you can mail to me at
Partho
From India, Thana
Dear Vinita,
As others are saying you can get a Certified Standing Order for your Company and act on these indiscipline. 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 Employment Standing Orders Act still, you can go in for a proper Disciplinary Proceedings and award penalty.
Deduction of Wages can be made for working less than the actual hours if the employee works for less than 48 hours in a week. The deductions should be as per the procedures laid down by Payment of Wages Act. For example a worker comes half an hour late everyday and your period of work is 8 hours everyday six days a week. Hence the person is working for 7.5 hours every days which equals to 45 hours per week. Here you can deduct 3 hours wages per week which is equals to 12 hours in a month.
Revert back for further queries.
Regards,
SC
From India, Thane
As others are saying you can get a Certified Standing Order for your Company and act on these indiscipline. 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 Employment Standing Orders Act still, you can go in for a proper Disciplinary Proceedings and award penalty.
Deduction of Wages can be made for working less than the actual hours if the employee works for less than 48 hours in a week. The deductions should be as per the procedures laid down by Payment of Wages Act. For example a worker comes half an hour late everyday and your period of work is 8 hours everyday six days a week. Hence the person is working for 7.5 hours every days which equals to 45 hours per week. Here you can deduct 3 hours wages per week which is equals to 12 hours in a month.
Revert back for further queries.
Regards,
SC
From India, Thane
Hi,
You may want have your own policy
1. state offce hours e.g. 9 am to 6PM
2. Buffer time to reach office 9 to 9:30am- late comers 3 times in a month will have hald days salary deduction and on
3. those who are late will be observed( Keep a register- mandatory in shop act- I dont know about gujrat state- check it out)
4. Ask people to fill in time
5. Note down late comers - inform project managers/ managers
6. do not interact employees directly, let it go through the project owner/ manager/ supervisor
7. route this activity through PM's, give them autority.
8. at the end of month- write an email to PM, ccing to employee stating number of late coming incedents and would deduct the salary.
9. let managers take a call.
believe me this works, you do not have to get into any legalities, people are not demotivated, as the matter of fact become more responsible.
thanks
Swapna
From India, Pune
You may want have your own policy
1. state offce hours e.g. 9 am to 6PM
2. Buffer time to reach office 9 to 9:30am- late comers 3 times in a month will have hald days salary deduction and on
3. those who are late will be observed( Keep a register- mandatory in shop act- I dont know about gujrat state- check it out)
4. Ask people to fill in time
5. Note down late comers - inform project managers/ managers
6. do not interact employees directly, let it go through the project owner/ manager/ supervisor
7. route this activity through PM's, give them autority.
8. at the end of month- write an email to PM, ccing to employee stating number of late coming incedents and would deduct the salary.
9. let managers take a call.
believe me this works, you do not have to get into any legalities, people are not demotivated, as the matter of fact become more responsible.
thanks
Swapna
From India, Pune
Dear all, Any one have warning letter format. Please reply me on urgent basis. Regards, Pushkar dube :no:
From India, Mumbai
From India, Mumbai
hi,
you want to stop it immediately - adopt this gandhigiri
we give rewards to the best workers on the basis of performance on the last working day of the month. hope you have that too in your organisation.
appreciate the person who is the most frequent offender with a bouquet in front of everyone on the last working day of the month, citing the best latecomer to office. display his picture prominently on the notice board (sounds funny) - see the reaction. no one will want to be made fun or ridicule off. things will change immediately. challenge me on this if it doesn't happen
From India, Madras
you want to stop it immediately - adopt this gandhigiri
we give rewards to the best workers on the basis of performance on the last working day of the month. hope you have that too in your organisation.
appreciate the person who is the most frequent offender with a bouquet in front of everyone on the last working day of the month, citing the best latecomer to office. display his picture prominently on the notice board (sounds funny) - see the reaction. no one will want to be made fun or ridicule off. things will change immediately. challenge me on this if it doesn't happen
From India, Madras
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LATE COMING.doc