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What to do if some workmen are not reporting from three to six month? What should be action will be taken against him?
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Leave and Attendance Policy

You must have a leave and attendance policy in place, and it must provide for dealing with incidents of absence. However, the following procedure will normally be part of any leave and attendance policy.

Leave is not a matter of right. Therefore, an employee is not expected to remain absent from duty without obtaining prior sanction of leave. In case of unexpected emergencies, leaving him no time to obtain prior sanction, he has to inform the competent authority at least over the phone initially and in writing subsequently about the reasons for his absence and request the sanction of leave.

If a workman remains absent either without prior intimation or prior sanction of leave, such absence shall be treated as unauthorized, and appropriate remarks should be made in relevant records, and no wages should be paid to him for that period. Thereafter, you should send a letter calling upon him to report for duty immediately and submit an explanation for his unauthorized absence.

If he does not respond, send two more such communications to his last known address. If he reports for duty, ask for his explanation, and if the explanation is satisfactory, close the matter by issuing a memorandum of caution not to repeat such conduct in the future. If the explanation is not satisfactory, initiate disciplinary action as per your rules.

Regards, B. Saikumar HR & Labour Relations Adviser

From India, Mumbai
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Addressing Long-Term Absenteeism

You are required to follow the dictation of the certifying standing order and act accordingly. As per your posting, workmen have been absent for over 3 to 6 months, and their whereabouts are not known to the management. Were they on leave or simply not coming? You need to check the leave status of these long-absent workmen. It seems the workmen have been absconding or left the company without informing you. Absenting without intimation is treated as misconduct. Therefore, you should send them communication via registered post to report on duty as per the clause of the SO within 14 days from the date of the issue. If they fail to do so, they shall be treated as self-abandoned from the job.

From India, Mumbai
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Absenteeism and Disciplinary Actions

The query states that some employees are absent for 3-6 months. As rightly pointed out by seniors, these employees are not adhering to appointment terms or the terms and conditions specified in the standing orders, which state that absence for more than eight consecutive days will result in disciplinary action. Some companies do not have an HR Manager, HR Department, or even issue appointment orders, playing hide and seek. When employees are absent and work in technical production suffers, HRD is blamed.

Absenteeism is becoming a serious problem in some companies. The HR Manager is often blamed for laxity. It can be controlled by proper monitoring of absenteeism using an ABSENT NOTIFICATION Form. The HR Manager has to initiate disciplinary action against erring employees or when a Head of Department sends an ANF to him. Proper disciplinary procedures must be followed for absenteeism, lest the court may nullify termination as void.

Introduction

I am an Ex-AGM-HR & Admin with 40 years of experience in seven manufacturing companies (Steel Plant, Power, Chemical, Electronics Plants) & Mines HR, IR, Legal, & Administration, Management Works. I provide training to P&A Officers on all matters of HR Management - Recruitment to Separation (Soft & Hard Copy - for all HR Jobs for easy understanding & adoption).

Important Labour Acts to be Displayed on Notice Board

As per Labour Acts, laws, principal employers must exhibit abstracts of some of the acts on the company notice board; failing which, owners will be liable for punishment, including imprisonment. Inspectors always check if the prescribed abstracts of the acts (some are listed below) are exhibited on the notice board, and if not, issue notices for violations:
1. Factories, Mines, Shops & Establishment Act - as the case may be.
2. The Payment of Wages Act, 1936
3. The Minimum Wages Act, 1948
4. The Employees’ State Insurance Act, 1948
5. The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952
6. The Contract Labour (Regulation & Abolition) Act, 1970
7. The Weekly Holidays Act, 1942
8. The Maternity Benefit Act, 1961
9. The Payment of Bonus Act, 1965
10. The Payment of Gratuity Act, 1972
11. The Workmen / Employees’ Compensation Act, 1923
12. The Industrial Employment (Standing Orders) Act, 1946
13. The Industrial Disputes Act, 1947, etc.

I can provide some of the abstracts, amendments, and important rules of each act.

Solutions to Personnel & Administration Problems

I am also providing solutions to some of the personnel and administration problems for your information. I hope it will be informative and useful for your P&A works. I have attached 53 important HR forms. (Abbreviations used to save space).

Optional Holidays During Festivals

Some companies face manpower shortages during festivals like Dussehra, Diwali, etc., when 3-4 days of holidays come at a time. This problem can be reduced by providing optional holidays. As per the Karnataka Holidays (N&F) Act, companies are obliged to declare the following five national holidays:
1. Republic Day
2. May Day
3. Independence Day
4. Gandhi Jayanthi
5. Karnataka Rajyotsav Day

Employees can be given the option to take festival holidays as per your company rules in a staggered way, depending upon the urgency of work to be regulated by HODs. This will help continuous working of the companies (like manufacturing, production, maintenance, service, etc., for uninterrupted works) and ensures minimum manpower to man essential services as most employees don’t observe all festivals at one time. So, when one set of employees takes a holiday, another set can work and vice-versa. Thus, HODs can plan minimum manpower for shift duty/maintain essential services by adjusting manpower to suit his needs and avoid work stoppage, etc., due to holidays (without increasing declared holidays or violating Karnataka N&F Holidays Act).

To control and keep track of optional holidays, you have to adopt a Leave Card System. Otherwise, where will you enter holidays availed by the employees, and how to keep track to ensure that employees take only the declared number of festival holidays? Karnataka Govt. declared 25 holidays for 2018, including the five above.

Leave Card/Record (L.C) Form

Some companies still use loose leave application forms to take leave every time. As leave applications are loose, it is difficult to check, account, store, and keep track to make monthly salary besides paper and printing cost/waste where hundreds of employees work. You can print and use a Leave Card (LC) Record and stop using loose leave applications. The LC is handy, and seniors can always check and find the number of times and days leave taken to calculate monthly CL, SL, PL/EL, OH, LWOP to make salary. The LC is a record and statutory and cannot be manipulated like loose leave applications. One card for one employee for one year.

You can introduce LC from 1.1.2018. After one year, keep the old LC in the personal file as a record to verify in the future. It is easy for P&A to work out entitlement, balance, leave management, and salary preparation. It is cheap and easy to maintain. Employees will know how often they are taking leave, and HOD can caution, misuse/approve on a need basis. Custody is with the P&A Department. Each HOD is to keep LC to facilitate his employees to take leave. HR to call LC when required, to update leave register, make salary month-end, and in December to work out leave earned, availed, and balance and post in LC of all employees and update leave register.

Final Settlement

As the LC is frequently checked by HRM, HODs, auditors, and employees, GM/MD can rely on LC as an accepted document to cross-check leave encashment, DOJ, etc., and approve FS and avoid employee disputing leave balance while making FS.

Man Days - Absenteeism

As the LC will give total leave taken by every employee monthly, quarterly, etc., HRM can easily calculate man-days (worked days) for statutory returns, HRIS, and to control absenteeism and to follow up for disciplinary action.

Manpower Indent/Requisition - MPI/R Form

Recruitment work starts when the user department sends MPI/R.F. to HR Department. This single sheet form has many columns for HOD to indent several posts like name/number of posts to be filled, JD, qualification, experience, grade, etc. (of the person to be recruited), reason/justification for recruitment - resignation, excess work due to production, new machine, etc. After approval by competent authority, send to HR Department. HRD to compare manpower application with manpower planning and succession planning statements to check internal candidates + CL, etc. If no suitable match, take MD’s approval and start the recruitment process.

HR Survey Report

Below is the HR Survey Report of companies (factories, establishments, mines) affecting P&A works; vis-a-vis statutory compliance, etc.

Absence of Proper HR Systems, Rules, Policies

This leads to problems for statutory compliance, attrition, besides affecting administration of P&A works. As per new PF & ESI notifications (PF Form-11 to replace earlier Form 2 & Form 13), companies have to collect and provide all employees' personal details + their family, dependents, nominee + Aadhar, PAN card, bank details, etc., and to keep in personal files; and to show to officials to get benefits to employees in critical times.

1. Appointment Order which binds employer-employee relation does not contain essential terms and conditions of service (minimum terms & conditions - 30 points). Please check the number of points in your AO. If not issued, please issue now to regulate/regularize employment relation as required under Labour Acts.
2. Existing company application/bio-data form not providing important details of all employees, family, dependents, nominee, person to contact in emergency to update/furnish details in statutory returns to F.I., L.I., P.F.I., ESI, Gratuity, HRIS, etc. (My new bio-data form will help to collect all such information - 50 points. Some companies adopted them as their company application had less than 20 points. Please check the number of points in your company application form). If these details are not yet taken, please take them now from all employees, update statutory returns, HRIS, personal file, etc.
3. Personal Information Change Notification - (P.I.C.N.) Form

Where company application/biodata was already collected while joining, subsequent changes in personal information to be collected from all employees using P.I.C.N. Form. However, many P&A Managers don’t have this form and face problems to collect/give personal details to GM/MD, government officers, etc., as the following current information is missing:
1. No present address to send notice to X
2. Mobile number changed & unable to contact X
3. No nominee’s details or details of person to contact in emergency; to notify accident, etc.
4. No nominee’s details to send payment of deceased X
5. No details of marriage/family, children, dependents
6. No details of Aadhar, PAN card for PF, ESI, I.Tax, etc.
7. No details of latest additional qualification, etc., to review career growth, special increment, etc.

As the above information has changed after giving the first bio-data, and if personal information not collected for 3-4 years, please make all employees fill & submit P.I.C.N. now so that you will have all employees' details in one form (instead of piecemeal) to update statutory returns, PF, ESI, HRIS, personal files, etc. My new P.I.C.N. form will help you to collect all such information in one form.

No Recruitment Procedure

Absence of manpower indent, interview conducting, application for appointment forms, etc., causes problems between HR Manager, HODs & GM, MD regarding selection, fixing designation, salary, etc.

Induction Process

The first impression, confidence building, sharing tool between new recruitee, company, HODs & reporting officers do not exist. Joining, welcoming, introducing formalities, providing basic information, supplying required tools, etc., to the new recruitee are essential for career growth.

No Leave Card/Record System

To check/know PL & other leave details as required by Labour Acts. LC is made for each employee for one year; easy for HOD, P&A to check the number of leave taken; and easy to calculate total CL, SL, PL taken every month to make salary statement & easy to preserve in personal files for future checking. Existing leave application is loose; misplaces; & problem to check/keep track; delay salary process. Hence, you can adopt LC which is self-proof, statutory for leave management, for salary, F&FS, etc.

No Proper Forms, Rules to Regulate Advances

Loan, expenses, OD, TA, Co-Off, PL encashment, MB, etc., affects administration of P&A works. A uniform policy, form will reduce writing works & save precious time of officers, employees and facilitate fast working of P&A and accounts department.

No Proper Form for PA, JD, Discipline

To assess employees' performance to give designation, promotion, increment; leading to grievances, attrition, dissatisfaction, problems to the company to administer P&A works.

Master List of All Employees - Statistical Information

MIS - department-wise designation-wise, grade-wise & category-wise, essential for MIS - not there. These monthly, quarterly, annual reports required to compile statutory returns + HRIS.

No Damage/Breakage/Injury Reporting System

Forms: Assets registering/movement systems, employment injury; leads to laxity of control, coordination among HODs, loss to company, delay to claim/settle, etc.

Resignation Acceptance, No Due/Clearance Certificate, Relieving & Final Settlement

No proper form/system after HOD sends resignation letter to HR. No feedback to the person, HOD, etc., from HRD regarding resignation acceptance, no due/clearance certificate, exit interview, FS, etc., to regularize separation.

Why Standing Orders (S.O.) - I.D. Act - Issues

A certified standing order under the Industrial Employment (S.O) Act empowers the company to take disciplinary action against its erring employees for violating terms and conditions in S.O. BUT; the company cannot punish employees for acts not included in S.O. - SUPREME COURT. Company suspends, terminates employees leading to litigation, grievance; damaging company reputation; besides wasting company’s time & money. TERMINATION WITHOUT ENQUIRY/NATURAL JUSTICE, etc., IS ILLEGAL & court can reinstate such employees. S.O. Act obliges companies with 50+ employees to adopt S.O. to regulate employment conditions, master-servant relation - to be certified by DLC & displayed for information & compliance by all employees.

Important do’s, don’ts, duties of employees, misconducts for which employees are LIABLE FOR DISCIPLINARY ACTION - 80 points. Important terms & conditions in appointment order - for skilled employees - 30, supervisors & above - 40. Please include important acts/conducts in S.O. & A.O., and follow procedures of natural justice to make company’s action LEGAL. This situation is due to lack of HR training professionals locally and they have to be hired from outside. Also, lack of awareness (to use new systems, rules) among existing P&A Managers to report to GM/MD to administer P&A works.

I have developed new systems, rules as per Labour Acts including F.A., Shops & Establishments, Mines, PF, ESI, SO, IDA, etc., to regulate employment rules, etc. Adoption of my HR systems, rules supported with hard, soft copy, will improve your P&A works.

Every P&A Manager Must Have Important Notifications

HR systems, rules to administer company works efficiently and P&A Manager is liable/answerable to F.I., L.I., PFI, Pension, ESI, Medical Insurance, Gratuity, GST, PT, other government officers, auditors, superiors, HODs, GM/MD, employees, etc., and he has to solve all employees' problems; keep records in personal files for future reference & to show to all when required + PFI, ESI to get benefit to employees in critical times.

I have sent details of 53 important HR systems, rules developed with my experience in seven different manufacturing & mines companies, in Bellary, Chitradurga, Bengaluru, Chennai, Hyderabad, & as Secretary for ISO Certification. Like my new company application form, some of the new systems are made to last for long years. It’s not there in many companies. You may adopt them to simplify & improve your P&A & accounts works, preserve them as statutory records to comply with Labour Acts & reduce legal cost.

I can provide soft & hard copy of basic rules, forms to professionally manage all P&A works + procedures for adopting:
- PA, OD, OP, GP, VP, TA, LTA, Resignation, Exit Interview, Clearance Certificate, F & FS.
- Short & long leave rules, register, PL rules - encashment, application form, MB rules, application form, Co-Off rules + register application form, clubbing, W-Off, LWOP.
- S.O. certification procedures, letters/forms to Labour Commissioner, list of duties, misconducts, essential services, all service rules, forms, bonds, deeds, contracts, agreements, etc.

Provided to group companies to set up HR Department - from scratch - where no P&A Department, personal file existed; no company application, appointment order, S.O., leave & service rules, ISO, forms existed to regularize services of employees working for many years. Most companies hire experts to train existing officers to improve the working of the companies' most valuable asset; the human resources & to solve HR problems.

Thanks. Please discuss with your seniors/recommend to your friends in other companies by forwarding this mail.

With kind regards, C. Neyimkhan, HR & Management Consultant & Advocate, (Ex-AGM-HR & A) 40 years experience. Phone: [Phone Number Removed For Privacy-Reasons] - E-Mail: [Email Removed For Privacy Reasons]

# ISR-CHITWADGI P.O. 583 211, HOSPET, BENGALURU

Ex-Member, NIPM, Calcutta, Ex-Training Member, IIM, Bengaluru.

Languages known: Kannada, Tamil, Telugu, Malayalam + Hindi & English

From India, Mumbai
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