Spirit of punctuality must be inculcated among workers

By HL Kumar

NEW DELHI: The phenomenon of absenteeism is not peculiar to India but is a universal fact. The difference is only in magnitude. It may differ from industry to industry, place to place and occupation to occupation.

The Royal Commission on Labor reported that "high absenteeism prevails among industrial labor mainly due to their rural orientation". Since then, a number of individual researchers have investigated the problem, and have pointed out that absenteeism in industries varies from 7 to 15 percent. Its incidence is high in plantations and mines; and it is higher in northern than in southern India.

Punctuality is the very basis of a well-organized, stabilized and enlightened society; it also forms the backbone of industrial management. No institution, however progressive, can work effectively if its employees are not punctual.

Halsbury observes a servant is under an obligation not to absent himself from work without a good cause by the terms of his contract of service. The spirit of punctuality has to be inculcated among workers and for this even the harshest measures can be adopted as and when required.

It is seen particularly in India that if an employee is made permanent, he takes the liberty of coming late to office; this tendency should be nipped in the bud.

Some of the causes of excessive absenteeism in industries are: sickness, domestic problems, inadequate transport facilities, housing problems, large families, small income, meager chances of promotion, personal maladjustments, lack of interest in the job, absence of job satisfaction, complexities and intricacies of industrial technology, lack of supervision, inaction on the part of managerial staff to take timely action to minimize its future occurrences, inadequate wage structure, insecurity in employment, poor working conditions, long working hours, inadequate leave facilities, indebtedness, spending habits, lack of training, work environment, outside opportunities, absence of incentives and absence of motivation.

In fact, there can be many more causes. A worker may remain absent because another person has offered him temporary work on attractive remuneration. He may even remain absent due to the illness of some member of his family. Some employers maintain a distance between themselves and the worker. This attitude often creates more problems than can be imagined.

It also leads to lack of understanding of workers' abilities. Unfair treatment of workers, favoritism and indiscreet use of power can impair industrial relations besides creating frustration and this attitude results in absenteeism. The real motive for the absenteeism is, therefore, discontent stemming from insecurity, inadequate wages and meager chances of earning more. Indecisive promotion policy also results in absenteeism.

The question of the right environment within the organization and the opportunities offered to an individual for job satisfaction constitute incentives resulting in loyalty and even motivation for better performance. Most of the workers come from villages where their needs are met by the joint family. Unless the factory job offers them the possibilities of fulfilling all these needs, the workers' mental and emotional adjustment will be difficult to achieve in the industrial environment.

There is a distinction between "absenteeism" and "absence". The term "absenteeism" means unauthorized absence while the term "absence" is something of which previous intimation has been given. "Absence" means the state of being absent or away while the word "absenteeism" has been defined to mean the practice of absenting oneself. "Absence" has also been defined as failure of a worker to report for work when he is expected to.

The Kerala High Court has held that employees will be deemed to be absent and will not be entitled to wages when they refuse to do the work as allotted to them.

There is a great difference between absence and abandonment of job. Abandonment has to indicate the intention of the employee that he will not resume duties. Abandonment of the job by the employee must be substantiated through plausible and convincing evidence. While the model standing order provides for automatic loss of lien if a workman remains absent without leave for 80 days, his service cannot be terminated without holding any inquiry or show cause to the petitioner. This has been settled once for all by the Supreme Court. The Madras High Court has also held that in the case of abandonment of service of an employee, an inquiry will be imperative.

Although there is no straight-jacket formula as far as punishment is concerned, if an employee is in the habit of absenting himself, dismissal from service will be justified.

In one case the Madras High Court has held that if an employee has been in the habit of absenting himself, his reinstatement will not be justified. However, in another case the Bombay High Court has held that discharge of an employee for misconduct of remaining absent for 22 days will be disproportionate to the misconduct.

In a landmark judgment, the Delhi High Court has categorically held that the reinstatement of a workman as awarded by the Labor Court guilty of absenting for 62 days will not be justified. The facts of the case were that the workman employed as a Masalchi in the kitchen of Ashok Hotel was charge-sheeted because he was absent unauthorizedly and his past record of attendance was also not satisfactory. A departmental inquiry was held and the charges were proved against him. The management terminated his services for habitual absence from duties. The workman raised an industrial dispute which was referred for adjudication.

The writer is chief editor and labor law reporter.

The Statesman / Asia News Network