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Thread: LABOUR LAW ON ATTENDANCE REGISTER

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    LABOUR LAW ON ATTENDANCE REGISTER

    At my work we have an attendance register that needs to be completed. Some of the employees haven't done this every day and now our employer has deducted those days off our annual leave days. Is this legal? We have monitoring devices in our vehicles so can prove that we have been at work all those days. any advice out there?

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    Site Caretaker Dave A's Avatar
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    The HR part of me asks - Why didn't the employees sign the attendance register?

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    Moderator IanF's Avatar
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    You won't forget to fill in the register again. I am sure you can speak nicely to your boss and offer never to forget to fill it in again. I insist that the attendance register is filled in. What the actual law is I don't know, but I always try and work from the base of reasonableness.
    Only stress when you can change the outcome!

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    Well I think lack of interest as they all think it's a hassle. For me its a question of why should I do it now when I never did it at any of my previous jobs. But now we are sitting with this problem.

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    Platinum Member sterne.law@gmail.com's Avatar
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    The fact that your other places of employ never did as a reason is a rather poor way to look at. your present company is showing much better business practices. irrespective thereof, a compoany rule is a rule and must be obeyed. If the company takes no action then they may as well do away with the rule.
    Time books or clock in systems can work both ways.
    My position, as an employer, is that if a staff member takes up a position that filling in the time book is too much effort then they have no place in my organization - they either have a bad attitude or are skidding and dont want tracks
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by joanne.taylor View Post
    Well I think lack of interest as they all think it's a hassle.
    Eish!

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    For me its a question of why should I do it now when I never did it at any of my previous jobs.
    ...well then, if you don't like the rules of the current job then you should go back to one of your previous jobs.

    any advice out there?
    I think your boss is g_tvol and is teaching you lazy lot a lesson, so my advice would by "Shape up or ship out"

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    Diamond Member AndyD's Avatar
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    An attendance register or clocking-in system is normal company practice. As already pointed out the 'lack of interest as they all think it's a hassle' attitude is going to cost the employer in the long run and the employee in the short term (as they've already discovered by the sounds of it).

    Vehicle monitoring devices are fantastic for assisting with the recovery of a stolen vehicle or preventing vehicle abuse but wouldn't generally be considered a reliable way to prove employee attendance.
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    You will most probably have a legal leg to stand on if you can indeed prove you/they were at work on those days. However if you win that argument, you could still have to face a disciplinary enquiry for failing to follow a very reasonable instruction.

    From an ethics side I agree with the previous posts. I would find it disrespectful if staff refused to follow such a simple and reasonable instruction. I may have dealt with it differently though. The fact that the instruction is not carried out reflects very poorly on the staff and shows an unprofessional attitude.

    I would suggest they follow Ian's advice and talk very nicely to management, promising to correct their attitude.

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    We have monitoring devices in our vehicles so can prove that we have been at work all those days.

    This is something that really bothers me. I will never allow a company to fit a tracking device to my private vehicle.

    I do work for a company who has fitted the devices to the rep's cars. The reps use their own cars so the devices are fitted to their personal cars. The company can track the vehicles live on a map via the net. We were chatting the other day and they were telling me about the staff's driving habits after work in the evenings. When the managers have nothing better to do they watch where the staff go at night. The information is rather telling because they can see which clubs the workers frequent, how much time they spend there, who they visit etc. There is no way to stop management from doing so. One could argue that the tracking company shouldn't allow it but the problem is of course that companies need to legitimately track vehicles during the night...

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