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Dear All,

One of our employees comes late on a daily basis despite various verbal and written warnings. On top of that, he is quite argumentative, which makes things a bit more difficult. Being a good salesperson, we can't afford to lose him. What can be done in such a case?

To provide a better understanding of the case, let me brief you on the policy we follow. We allow three short leaves in a month, meaning an employee can come late thrice in a month by half an hour. However, after that, every short leave is considered as a half day.

I would appreciate your views to resolve this issue.

Thanks,
Shradha

From India, Gurgaon
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Respected Madam,

Ms. Shradha,

Since you have, on several occasions, warned him in writing and orally, now is the time to issue him a show cause notice calling upon him why disciplinary action should not be taken against you for your habitual late coming and argumentative behavior. Based on his reply, you will have to initiate an inquiry against him.

The above are my views; perhaps this will help you.

Regards,

UMESH KAPOOR

From India, Mumbai
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Dear Shradha,

I would like to comment on the first paragraph of your post. Reply to the second paragraph is based on the Payment of Wages Act. Experts in this field will reply for this paragraph.

You have written that "[i]Being a good salesperson, we can't afford to lose him." The catch lies here. He has well understood that because of his salesmanship, the organization cannot afford to lose him. Hence his peremptoriness.

You have two options now. One is to maintain the status quo. If you do that, you will be pampering indiscipline. It will become difficult for you to take disciplinary action against other delinquent employees. Ignoring his indiscipline would mean a long-term impact on the organization's culture as a whole.

The other option is to implement progressive discipline. Do not hesitate to terminate if required. If you do this, you will send a signal to one and all that there cannot be a trade-off between the performance of higher order and indiscipline. People may come and go, but the discipline in the organization remains. Discipline is an organizational value, and it has to be cherished at any cost.

Discuss this issue with your management. For the second option, the logical conclusion is termination of the employee. Make sure that your management does not get cold feet at the last stage.

Thanks,

Dinesh Divekar

From India, Bangalore
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Dear Shradha,

Umesh and Dinesh have given you excellent suggestions. Hence, let me ask you a few questions to clarify the scenario. How large is your organization? How large is the sales force? Have you implemented the penalty policy and deducted half a day's salary/wages when the salesperson has come late? Have you or his boss discussed why he comes late? Does he stay late also to finish the work? Have you considered introducing flexi-time working? If not, why not? I can keep on raising questions, but these will suffice for the time being. These should give you some idea of the extent of detail required to get precise advice.

From United Kingdom
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Dear Shradha,

Dinesh has given a very good suggestion. At the cost of the discipline in the industry, you cannot continue with a person even though his performance is excellent. Despite many opportunities given, if there is no improvement, you have to make a final decision and take severe disciplinary action by issuing a charge sheet/show-cause notice and conducting an enquiry, which will send a clear signal to the other employees.

GIRI

From India, Hyderabad
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@ Dinesh, exactly. I totally agree with him. In fact, I was about to write the same thing. Once the person is aware that you have already tagged him as a good salesperson and he is fully taking undue advantage, it's better to give him a written warning three times. If he still continues the same behavior, then it's better to terminate him.
From India, Mumbai
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Dear Shradha,

Though excellent views have been provided by Mr. Dinesh and Mr. Giri, I would like to add a few more suggestions which will help you implement the aforementioned ideas on practical and legal grounds.

It is important that the Leave Policy, as described by you, be communicated to each and every individual in the organization. If this has not been done yet, please share the same through email, Standing Order, or the company intranet.

Please calculate the number of late days retroactively, deduct appropriate half-days for all employees, and inform them of these deductions in the next payslip or through email to check the updated leave status on the company intranet.

It is crucial that this policy is applied uniformly to all employees to avoid potential complaints to the Labor Office regarding targeted implementation.

While I generally do not advocate for deductions from employee remuneration, in your case, it appears to be a necessary measure. As an HR professional, it is your responsibility to strike a balance between employee remuneration and the organization's values, ethics, and discipline.

Remember, no player is bigger than the "GAME." Players come and go, but the game continues in each stage.

Failure to address this issue may create a negative impression on other "EXCELLENT" employees and could potentially erode the company's culture and values.

As always, I recommend seeking prior approval from Management, especially the Marketing department's Head, before taking any significant actions.

Thank you.

Best regards,
[Your Name]

From India, Delhi
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Dear Shradha,

Mr. Divekar has rightly suggested the implementation of progressive discipline, which for any other department is always the correct way. However, I have a slightly different view on the timing policy for the sales team members or field staff. I feel we should try to give them some flexibility with respect to the in-time.

I am not saying you should encourage indiscipline, but many times we see that sales members have to attend calls at all hours depending on the convenience of the customers or clients. Sometimes, they even attend calls on weekends and other holidays if it suits the customers.

Have a general discussion with your sales team members and find out about the hours they are normally putting in. After the discussion, if you feel that they are genuinely attending to business calls in the evenings, holidays, weekends, talk to your management and propose a flexible time for your sales team.

Regards,
Vineeta

From India, Mumbai
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Talk to ur management for introducing flexi timing .It does not matter as long he is able to achieve targets .many companies have introduced this concept of flexi -timings
From India, Mumbai
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Since you are a good worker, you should call him and discuss the issue in detail. Explain to him that this habit of yours sends the wrong signals among other employees and disrupts the decorum. In every work environment, two factors play a crucial role - dedication and behavior. Therefore, to maintain complete discipline, he should be given some leeway due to his good sales performance, but this should not negatively impact others. If he is unwilling to change his attitude, you may need to take administrative action in line with the prevailing norms of your company.
From India, Lucknow
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Dear all,

Thank you for your suggestions. Termination is not the right solution in my opinion. The reason is that our sales team consists of 15 members, and he is one of the high performers. I have already sent him an email today regarding a final notice. Additionally, I have assigned him the responsibility of managing the attendance of his team.

I hope this approach will be effective. I would appreciate any suggestions you may have apart from termination.

Thank you,
Shradha

From India, Gurgaon
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Hi Shradha,

So far, people have given excellent views, and I even agree with them. I would like to add on to it. Play the perfect HR role; be diplomatic. Give him a show-cause notice and ask for an explanation. In the background, talk to him, telling him that his casual attitude is affecting his team. His team members keep roaming here and there, disrupting the organizational culture and environment. It is only when he is around that his teammates start working. Also, tell him that you are very much upset with this and need his help. Tell him that if he comes to the office on time, his team members will also start working on time. Also, convince him not to take anything negatively; it's just that we want to set an example for others. Tell him that we are doing this to make employees aware that even being such a good performer, the company does not spare anybody. Hope he will understand and might not argue.

Being HR, our first role is to make employees our partner and then move ahead.

Hope this works out for you. All the best.

Warm Regards,
Abhinav

From India, New Delhi
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Ms. Shradha,

I would like to differ with all other members. Rigid policies of any organization always play a negative role and hamper the productivity not only of the employees but also of the organization. Flexibility on a selective basis is never harmful. My belief is that any employee is not inherently a bad worker, but their boss may compel them to perform poorly. For others, if they attempt to follow the trend of a consistently late-coming employee, you may set standards of output equivalent to that of the latecomer, if they are a good performer.

So, consider exploring other alternatives as well. Inquire about the real cause of the late arrivals, understand any personal issues, and act as a solution provider, guide, and counselor. Adjust the employee's duty hours, split up their duties, or change their area of activities to accommodate their needs. It is crucial to find a balance between discipline and performance for enhanced productivity.

Thank you.

From India, Delhi
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I am rather surprised to note that Shradha has not answered questions raised to fully appreciate the scenario. In the absence of such information, the suggestions/comments can only be based on guesswork.

For example, Abhinav suggests that Shradha tell the concerned salesperson that his colleagues keep roaming here and there. Is there any evidence of that in Shradha's post?

From United Kingdom
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I would like to acknowledge the different insights; they are good ideas. If this employee is into sales, I believe as an HR, you have to examine your existing company policies. I am working in manufacturing and retail sales distribution. Implementation of our time in and out differs where certain employees are assigned to. For salespeople, we exercise full flexibility of their time because we expect as salespeople, they go out from the office from time to time and even entertain calls on weekends and non-office hours. We are after their sales performance. Considering that they belong to the results-based employees, they are ruled by different work schedules other than the people in manufacturing and the support group.

How to deal with his attitude?

I have been dealing with a lot of person reactions when we implement company policies but nevertheless, I have learned the art of proper communication of policies. When we reprimand employees for company policy violations, they react. I would suggest talking straight to the person, let him understand your policy. Understand his side, and if you think you can help in some ways, assure him that you will do your best to mediate with management. Try to find alternative solutions to this problem like introducing flexi-time with management but warn him that if your proposition does not yield positive results, then you need to reach an agreement with him that he is bound to follow your existing rules.

From Philippines, Mandaue City
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Dear all,

Thank you for your valuable time and suggestions. As per your guidance, I sent him an email of the Last and Final Notice, notifying:
a) Deductions as per the company policies.
b) How his unprofessional behavior is dismantling the decorum and affecting the morale and performance of the team.

In addition, I had a one-on-one discussion regarding the same to decipher the reasons for his lateness. Let's hope this works.

Thanks,
Shradha

From India, Gurgaon
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Dear Shradha,

The other aspect is about your role. If you are maintaining the Discipline & Culture of the Company - then you will be at fault for not performing your responsibility and not any employee. As suggested by others, once the message goes that no aberrations are tolerated in your Organization, everybody will fall in line. And this is my experience.

Regards,
- Abdul Quadir Awate

From India, Pune
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Dear Shradha Madam,

All the members have provided their valuable suggestions and advice in the thread, with a particularly impressive contribution from Mr. Dinesh Devikar, who has clearly explained the facts. I too fully agree with him. Just like a door serves for both entry and exit, an organization should not depend on one individual. It is a misconception that due to his strong salesmanship, you are reluctant to let him go. This is incorrect. As an HR professional, you should make firm decisions when it comes to discipline, without any compromises. Since you have considered the opinions of the members, I will not add confusion but urge you to maintain strict discipline within the organization. Anyone who violates the disciplinary rules should face proceedings without any leniency.

Adoni Suguresh

From India, Bidar
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Dear all,

Addressing everyone point one by one:

1. Termination - We can't terminate him since:
a) Our organization is a small one, i.e., employee strength is 50.
b) We are generating good business because of him.
c) The higher management is not willing to lose him.

2. Flexible timings - Since we deal in the international market, our work hours are quite early, i.e., 7 am to 4 pm, to be specific. Let's say if somebody is coming late by an hour and works till 5 or 5:30, that is completely useless as that person won't be able to catch hold of the Marketing Head or the concerned person because according to their time zone, it's their knocking off time (5:30 pm in India = 7:30 pm in Singapore, Malaysia, etc).

3. To be diplomatic with that person - Tried that even but didn't work.

4. Face-to-face Discussion - Did that thrice, but he keeps on giving lame excuses for coming late. After yesterday's email, he came on time today.

Hope now guys got the clear picture!! Would appreciate your thoughts.

Regards, Shradha

From India, Gurgaon
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Sorry, Shradha, for asking more questions. How old is the organization, and how long has the salesperson been with the company? Has he started coming late of late, or has he been doing so from the start?

I am rather surprised to note that if someone works past the finishing time, he can't be more productive. For example, I am sure he can do paperwork that he could not do during normal time and he could plan for the next day's work. As we are not fully knowledgeable about the nature of his work, we have to base it on assumptions.

My tutor had spelled assume as "ASS U ME" and explained that when our assumptions are wrong, we "Make an ASS out of YOU and ME".

From United Kingdom
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I agree with the views of Vineetaj. If you are strict with the reporting time, then you should also allow the staff to leave within a maximum of half an hour of duty off time. Nowadays, most organizations make their staff work without any overtime payment for 2-3 hours daily. If this is the case, then I feel the management has no moral authority to enforce only 'in' time.
From India, New Delhi
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Dear Mr. Nathrao,

I fully agree with you. Population explosion is at the root of most of the problems our country is facing. Sadly, no politician or party has a clear policy on how to defuse this time bomb. The late JRD Tata was very vocal about the need to do something about it. A great visionary that he was, he knew that an increase in resources can never match the growth of this monster. However, our leaders only play politics with census figures. Our PM keeps harping on the "120 crore team India," but it seems he should be reminded that even in games, the size of the team is not allowed to grow limitlessly. Even this 'team India' already appears to have a twelfth member (10 crores extra)!

Take his other pet theme, Swachh Bharat. Does he realize how much water is needed to keep this HUGE team clean and hygienic? In Maharashtra, due to a slight variation in monsoon, the reservoirs are half empty, and in many towns/villages, water is supplied only once a week. How can we have Swachh Bharat in such a scenario? Even the capital Delhi is reeling under air pollution. Well, examples are plenty, but to come back to our discussion, I feel whatever is going on is just the exploitation of labor, which I, being an HR professional, definitely find unethical. Members might have read that even in the 'freest of the free' markets, such as the USA, a law was recently passed to ensure that any organization detaining an employee beyond normal duty time should pay overtime wages to him/her.

From India, New Delhi
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Mr. Govind Kumar: I am not advocating a lenient attitude towards late coming. I am only emphasizing that we should practice first before we preach. If we make an employee stay 2-3 hours extra for exigencies of work, then we should compensate him by paying overtime wages or suitable time off.

Mr. Nathrao: You are absolutely right that the 'sugar lobby' in Maharashtra is very strong and controlled by top politicians (one of whom wrecked the national carriers AI and IA through a mindless merger - but that's another story).

However, the sugar lobby is strong because money flows from sugar production. But sugar is also an essential commodity, and if we produce less of it, the prices will shoot up, and the common man shall suffer. If you remember, in the days of rationing, we had to use jaggery in tea as sugar was not available even in ration shops. This led to black marketing and a spurt in prices. A couple of years back, there was a shortfall in production by a mere 10% (approximately), and the prices in Kolkata shot up by 20%. Surely, water is more important than sugar, but a sugar shortage will affect the entire country, whereas water shortage, though hurting more, will be a localized phenomenon. I think more dams/reservoirs should be built. That strengthens the moot point of our discussion that availability of natural resources is not keeping pace with the population explosion.

From India, New Delhi
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Dear SHBRAMHALL,

It's been only three years that we have been in the market, and that sales employee joined us a couple of months back; 5 to be specific. Since the time he has joined, we have been facing this issue. Earlier, he used to come late by half an hour, but now by an hour or so. Moreover, allowing flexible timings for completing their log-in hour doesn't work. I spoke to his reporting manager regarding the nature of the work; there is not much filing work. Considering his profile, he is into Telesales, so he needs to maintain his leads via a CRM software. In addition to this, calling and emailing are required. All these tasks happen simultaneously.

Just wanted to update - After releasing the Warning Letter, he has started coming on time.

Regards, Shradha

From India, Gurgaon
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Dear Shradha,

It is really pleasing to see that you were involved in such a lengthy discussion. There were many reviews, suggestions, and cross-questions by experienced fellow members. In some cases, you even had to face criticism. However, you responded to each and every query to the best of your ability. Moreover, it seems you have analyzed all the suggestions in your scenario practically. This shows your patience and commitment to the issue.

The most important and happiest part is that you have reached a final decision after comparing and analyzing all suggestions and reviews. The more important part is that you have shared the outcomes and given valued thanks to fellow members.

Good luck.........

Please let me know if you need any further assistance.

From India, Delhi
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Dear Shradha,

It's been only three years that we are in the market, and that sales employee joined us a couple of months back; 5 to be specific. Since the time he has joined, we have been facing this issue. Earlier, he used to come late by half an hour but now by an hour or so. Moreover, about completing their log-in hour by allowing flexible timings doesn't work. I spoke to his reporting manager regarding the nature of the work; there is not much filing work. Considering his profile, he is into Telesales, so he needs to maintain his leads via a CRM software. Adding on to this, calling and emailing are required. All these things happen simultaneously.

Just wanted to update - After releasing the Warning Letter, he has started coming on time.

Regards,
Shradha

From India, Delhi
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Dear Friend,

As per your wording, you have mentioned that you have allowed three late arrivals in a month, and after that, it will be treated as a half-day. I wish to ask two questions here:

a. Did you obtain written consent on this matter?
b. Did the reporting officer of the salesperson make any complaint about his tardiness?

Once I receive the answers to these questions, I can provide you with a concrete solution to this issue.

Regards,


From India, Mumbai
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Dear Shradha, If the employee is a workman as per IDA, you can initiate disciplinary action by issuing a chargesheet and conducting domestic enquiry.
From India, Pune
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Discipline is important for any organization, and we are responsible for maintaining it. As HR professionals, we have to retain quality staff with us. Also, I read that you have a policy of salary deduction for employees who are consistently late.

I would suggest calling the employee into the office and asking for a written explanation by issuing a memo. If you are not satisfied with the explanation, consider initial disciplinary action such as suspension. If the behavior persists and the employee shows no signs of improvement, discuss the matter with the management and make a final decision.

From India, Ernakulam
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