Hi Seniors, If workers take mass leave what kind of action and under which section we can take on such behaviour or act. Regards K.Raju
From India, Mumbai
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From India, Mumbai
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Dear Raju,
Mass absenteeism sends a different signal. It cannot be seen just from the employee discipline point of view. It has far different connotations. While you may mark the workers absent for a day, from the management science point of view, the following needs to be investigated:
a) Workers, when they go on mass leave, they try to achieve collectively what individually could not have been done. Therefore, did you investigate the reasons for their mass absenteeism?
b) Mass absenteeism is nothing but a sign of distrust between management and the workers. What are the causes of this distrust? It is also a sign of a lack of career consciousness. Are the workers working in the same position for years together? What are the opportunities for career advancement?
c) Did you take disciplinary action against some employee in the recent past? If yes, do they perceive it as injustice to that person? Is their action retaliatory to teach a lesson to the management?
d) Is there someone who is instigating the workers? Who is that, and could you identify them?
e) Are the workers treated well? Do you pay as per minimum wages? Are there unreasonable deductions? What welfare measures do you have for them?
f) Mass absenteeism is nothing but mental and emotional disengagement. They are physically engaged but not mentally. They could be working because they have very few growth opportunities. Absenteeism is nothing but an expression of their frustration. What can you do to reduce the frustration?
g) How is the behavior of their superior? Does he abuse them? Does he abuse because he says that they deserve abuse, and he will not abuse provided good quality people are provided?
h) Does your company have a labor union? Do they have a connection with the union leader of the area? Do they consider him as their savior?
There are so many questions associated with your post. Let me repeat not to handle this issue only from the discipline angle. You may draw solace from the deduction of the day's salary of the absentee workers; nevertheless, it may be noted that before taking this decision of mass absence, they had anticipated that they might have to forego their day's salary. Therefore, if you think that they can be reformed because of salary deduction, then it would be wrong to think that.
Thanks,
Dinesh Divekar
From India, Bangalore
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8032Mass absenteeism sends a different signal. It cannot be seen just from the employee discipline point of view. It has far different connotations. While you may mark the workers absent for a day, from the management science point of view, the following needs to be investigated:
a) Workers, when they go on mass leave, they try to achieve collectively what individually could not have been done. Therefore, did you investigate the reasons for their mass absenteeism?
b) Mass absenteeism is nothing but a sign of distrust between management and the workers. What are the causes of this distrust? It is also a sign of a lack of career consciousness. Are the workers working in the same position for years together? What are the opportunities for career advancement?
c) Did you take disciplinary action against some employee in the recent past? If yes, do they perceive it as injustice to that person? Is their action retaliatory to teach a lesson to the management?
d) Is there someone who is instigating the workers? Who is that, and could you identify them?
e) Are the workers treated well? Do you pay as per minimum wages? Are there unreasonable deductions? What welfare measures do you have for them?
f) Mass absenteeism is nothing but mental and emotional disengagement. They are physically engaged but not mentally. They could be working because they have very few growth opportunities. Absenteeism is nothing but an expression of their frustration. What can you do to reduce the frustration?
g) How is the behavior of their superior? Does he abuse them? Does he abuse because he says that they deserve abuse, and he will not abuse provided good quality people are provided?
h) Does your company have a labor union? Do they have a connection with the union leader of the area? Do they consider him as their savior?
There are so many questions associated with your post. Let me repeat not to handle this issue only from the discipline angle. You may draw solace from the deduction of the day's salary of the absentee workers; nevertheless, it may be noted that before taking this decision of mass absence, they had anticipated that they might have to forego their day's salary. Therefore, if you think that they can be reformed because of salary deduction, then it would be wrong to think that.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Dineshji,
Thank you for the prompt reply. We do not have a union. At the start of the year, we allocated public holidays and one leave that they wanted to alter. However, the management required working on both days due to business exigencies.
I would like to understand what legal actions we can take to prevent such occurrences in the future.
Regards,
K. Raju
From India, Mumbai
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Thank you for the prompt reply. We do not have a union. At the start of the year, we allocated public holidays and one leave that they wanted to alter. However, the management required working on both days due to business exigencies.
I would like to understand what legal actions we can take to prevent such occurrences in the future.
Regards,
K. Raju
From India, Mumbai
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Dear Mr. Raju,
It is clear from your points that the Workers' Group has been denied the opportunity to take a holiday. Business exigencies demand work on those dates, but the working hands were dissatisfied and decided to take leave. This is a failure of the industrial relations personnel and the management body, including first-line managers and above.
When you are aware of such situations in advance, it is crucial to engage in counseling with the workers and supervisors to ensure work on those specific dates. Gain support from individuals who understand the organization's values and objectives. In the case of a union's existence, what actions can you take? In my opinion, these conditions will definitely pose a threat to your organization and may lead to an industrial dispute soon.
Handle the matter calmly and identify the few individuals who may be instigating such conditions. Manage them tactfully. Organize a meeting with the shop executives, involve the workers, and discuss the issue to prevent its recurrence. Legal action can be considered later once you have gathered more information. Deal with the situation tactfully, and kindly keep us updated on further developments.
Perhaps you have paid extra holiday wages. If not, please reconsider.
Thank you.
From India
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It is clear from your points that the Workers' Group has been denied the opportunity to take a holiday. Business exigencies demand work on those dates, but the working hands were dissatisfied and decided to take leave. This is a failure of the industrial relations personnel and the management body, including first-line managers and above.
When you are aware of such situations in advance, it is crucial to engage in counseling with the workers and supervisors to ensure work on those specific dates. Gain support from individuals who understand the organization's values and objectives. In the case of a union's existence, what actions can you take? In my opinion, these conditions will definitely pose a threat to your organization and may lead to an industrial dispute soon.
Handle the matter calmly and identify the few individuals who may be instigating such conditions. Manage them tactfully. Organize a meeting with the shop executives, involve the workers, and discuss the issue to prevent its recurrence. Legal action can be considered later once you have gathered more information. Deal with the situation tactfully, and kindly keep us updated on further developments.
Perhaps you have paid extra holiday wages. If not, please reconsider.
Thank you.
From India
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Dear Raju,
The fact that your rejoinder insists on an answer to your earlier question only without any answers to the many counter-questions raised by the learned respondent, except one that too merely as a piece of information, indicates well that the issue of mass casual leave is just a tip of the iceberg of poor industrial relations in your industry. Certainly, you will have your own rules of discipline defining misconducts and their corrective measures. Even then, you are perplexed and hesitant. The reason is not just the misconduct but its enormity which culminated in a concerted fashion. I am unable to think that an isolated incident of the management's insistence to work on a declared holiday can provoke such a mass reprisal. In industrial relations, there are no such precise reactions as "right" or "wrong" but remedial moves of "appropriateness" or "inappropriateness". It is always wise to treat the hidden disease rather than its conspicuous symptoms.
From India, Salem
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The fact that your rejoinder insists on an answer to your earlier question only without any answers to the many counter-questions raised by the learned respondent, except one that too merely as a piece of information, indicates well that the issue of mass casual leave is just a tip of the iceberg of poor industrial relations in your industry. Certainly, you will have your own rules of discipline defining misconducts and their corrective measures. Even then, you are perplexed and hesitant. The reason is not just the misconduct but its enormity which culminated in a concerted fashion. I am unable to think that an isolated incident of the management's insistence to work on a declared holiday can provoke such a mass reprisal. In industrial relations, there are no such precise reactions as "right" or "wrong" but remedial moves of "appropriateness" or "inappropriateness". It is always wise to treat the hidden disease rather than its conspicuous symptoms.
From India, Salem
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Dear Raju,
It seems a small problem got blown into a major crisis due to a somewhat adamant stance taken by management. Remember, you are not only dealing with 'labour - a mere factor of production' but 'Human Resource' - where a humane approach is needed. If it was an exigency of work, you could have always offered a compensatory day off for employees working on that day. If it can be adjusted in the list of sanctioned holidays, it's fine. But if not, then you can sit together with some senior employees and find out which other holiday they are ready to sacrifice to enjoy this holiday - which apparently is important for them. For example, in Bengal, workers want more holidays during Durga Puja, so they sacrifice holidays like Buddha Purnima, etc.
From India, New Delhi
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It seems a small problem got blown into a major crisis due to a somewhat adamant stance taken by management. Remember, you are not only dealing with 'labour - a mere factor of production' but 'Human Resource' - where a humane approach is needed. If it was an exigency of work, you could have always offered a compensatory day off for employees working on that day. If it can be adjusted in the list of sanctioned holidays, it's fine. But if not, then you can sit together with some senior employees and find out which other holiday they are ready to sacrifice to enjoy this holiday - which apparently is important for them. For example, in Bengal, workers want more holidays during Durga Puja, so they sacrifice holidays like Buddha Purnima, etc.
From India, New Delhi
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Dear Raju,
Mass absenteeism is an overt symptom of a serious ailment within the organization, being one of the most significant issues compared to mere indiscipline on the part of the workers. Mass absenteeism signals employee dissatisfaction, leading to a decline in productivity, not only among the workers but also across the organization as a whole. Mere production driven by compulsion does not equate to productivity. Productivity thrives on qualitative output achieved through voluntary and sincere efforts of contented workers.
The occurrence of mass absenteeism suggests that the management lacks employee-centric practices and is not focused on enhancing productivity.
Therefore, the immediate action required from the management is to reassess its policies and procedures, rather than contemplating disciplinary measures against the employees. Furthermore, imposing mass disciplinary actions could potentially invite disaster within the organization. However, considering disciplinary action against a few of the actual troublemakers, not their followers, should be deliberated. This alone could convey an appropriate message to their followers as well. The rest lies in the wisdom of the management.
In any case, best of luck.
From India, Delhi
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Mass absenteeism is an overt symptom of a serious ailment within the organization, being one of the most significant issues compared to mere indiscipline on the part of the workers. Mass absenteeism signals employee dissatisfaction, leading to a decline in productivity, not only among the workers but also across the organization as a whole. Mere production driven by compulsion does not equate to productivity. Productivity thrives on qualitative output achieved through voluntary and sincere efforts of contented workers.
The occurrence of mass absenteeism suggests that the management lacks employee-centric practices and is not focused on enhancing productivity.
Therefore, the immediate action required from the management is to reassess its policies and procedures, rather than contemplating disciplinary measures against the employees. Furthermore, imposing mass disciplinary actions could potentially invite disaster within the organization. However, considering disciplinary action against a few of the actual troublemakers, not their followers, should be deliberated. This alone could convey an appropriate message to their followers as well. The rest lies in the wisdom of the management.
In any case, best of luck.
From India, Delhi
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Dear Raju,
There is a different meaning of Mass leave and Mass absenteeism. Mass leave, whether it is authorized or unauthorized, represents permission to remain absent. Unauthorized represents absence without leave, which may attract disciplinary action. If you reveal in detail, we can give our opinion.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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There is a different meaning of Mass leave and Mass absenteeism. Mass leave, whether it is authorized or unauthorized, represents permission to remain absent. Unauthorized represents absence without leave, which may attract disciplinary action. If you reveal in detail, we can give our opinion.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Dear Friends,
Question is asked here, what action can be taken on Mass Absenteeism and under what Section?
My answer to this is as follows:
According to my view, Mass Absenteeism amounts to a Strike.
This Absenteeism should be treated as unauthorized absence (involving a break in service) and should not be regularized as leave.
Any employee going on strike in any form should face consequences which, besides deduction of wages, may also include appropriate disciplinary action.
Attention is drawn to Section 9(2) of the POW Act, which is provided verbatim as follows:
" ...............Provided that subject to any rules made in this behalf by the State Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice."
There is a need to issue an appropriate Show Cause Notice mentioning all this and then take appropriate action under the guidance of a legal expert.
From India, Mumbai
Acknowledge(0)Amend(0)
Question is asked here, what action can be taken on Mass Absenteeism and under what Section?
My answer to this is as follows:
According to my view, Mass Absenteeism amounts to a Strike.
This Absenteeism should be treated as unauthorized absence (involving a break in service) and should not be regularized as leave.
Any employee going on strike in any form should face consequences which, besides deduction of wages, may also include appropriate disciplinary action.
Attention is drawn to Section 9(2) of the POW Act, which is provided verbatim as follows:
" ...............Provided that subject to any rules made in this behalf by the State Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice."
There is a need to issue an appropriate Show Cause Notice mentioning all this and then take appropriate action under the guidance of a legal expert.
From India, Mumbai
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Dear Raju,
It is still not clear whether the employees were absent en masse during a holiday, despite being told to be present, or if they all took leave on a working day. Both situations are different. You may like to clarify and put all the facts before an appropriate suggestion can be given.
Warm regards.
From India, Delhi
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It is still not clear whether the employees were absent en masse during a holiday, despite being told to be present, or if they all took leave on a working day. Both situations are different. You may like to clarify and put all the facts before an appropriate suggestion can be given.
Warm regards.
From India, Delhi
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