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swapna1981
HI,
Iam working as an HR in a software company. we have an employee who has some issues with his health. he gets frustrated easily and is under medication. but this situation is creating problems internally. he takes leaves with out prior notice which is affecting the project and he shouts at co employers for small reason. we have given him so much time thinking he will be ok.
but now we have decided to give him notice. Can anyone send me the format for this.
It should be like politely explaining the employee about his health condition and how it is affecting the work due to his absence without prior notice.

From India, Hyderabad
swapna1981
hi so many views but not a single reply ,it is very urgent please reply me with proper format
From India, Hyderabad
Dinesh Divekar
7855

Dear Swapna,

The draft of the notice could be as below:

+++++

Date: -

To,
Mr ______
Employee No ____
__________
__________
(employee address)

Temporary Cessation of Employer-Employee Relationship

1. You have been working in _____ (name of your company) as _____ (designation of employee) since ______ (DOJ of employee). At present you work on _____ (name of the project).

2. Of late it is observed that you are unable to attend your duties in time. This is because of your poor health. Because of your poor health, you are unable to handle the task assigned to you. Your attendance record of the past ___ (specify here number of weeks or months) shows the following shortcomings:

a)
b)
c)

3. ______ (name of your company) is committed to its customers for the delivery of the quality products. Your poor health is impacting the development of the product. At times because of the work pressure on the one hand and because of your poor health on the another, you lose your emotional control. There were cases of members of your team becoming victim of your emotional outburst.

4. Keeping in mind impact of your poor health on the timely delivery of the product as well as on the organisation's culture, you are hereby advised to take complete rest for one/two/three months and get cured yourself. Your absence for this period will be treated as "Leave Without Pay". This leave starts immediately on receipt of this letter.

5. Resumption of your duties after the medical treatment will be subject to the certificate from the certified medical practitioners stating that you are fit to perform the duties of ____ (his designation).

Authorised Signatory

+++++

Please issue the above letter on your company letterhead only and let the highest authority of your company sign this letter.

For Mr Dinesh Sharma: - What Swapna has asked is one thing and what draft you have attached is another. By the way, has the recipient of the letter paid to your company Rs 2 Lakh?

Thanks,

Dinesh V Divekar



[I][COLOR=#0000BF][COLOR=#FF0000]

From India, Bangalore
s.ashraf ali
I need certain informations about ur employee like
1.how long he is in service
2.dept he works and nature of job
3.what ur appointment letter says about termination
4.do u have any branch
5.employee designation
6.what ur mgt feels like to take him back after treatment or send him once for all.
S.Ashraf

From India, Bangalore
mahen_20001
Hi,
He need to be counseled by HR and before issuing the letter, your company should decided whether his contribution to the organization is indispensable or you can opt for replacement and normally this kind of behavioral matter will not be mentioned in appointment letter. so you need discuss with him regarding his need to the organisation and you should make him understand the situation he is undergoing, which is affecting him and the organization.
Then you should give one letter briefly mentioning what is require from him and what actually happened and give time for him to reply.
Based on the letter, you can issue the temporary termination of employment or discontinuation of service once for all, if you have supporting clause in his appointment letter.
Regards,
G.B. Mahendra Kumar
Fortune Hub - One Stop Solution for Total HR Domain

From India, Bangalore
globaloverseas144
46

Dear Swapana,
Please think for providing some training/chance before given warning letter to him,he himself is not well and need your help.
discuss with your boss and sit together and give him a chance for further improvement,if it is not possible then you can issue a warning letter and then again issue a warning letter and then final warning letter.then you can give him notice period as per your contract letter and release him.
Best Regards
Global overseas-Delhi office

From India, Delhi
ngurjar
50

I agree with Mhmd and GBMK. It would be best to avoid putting such reasons in the letter. For, it might come back on you in a court of law! And if you have already sent it, you need to ensure that it hasn't become a precedence for the next one...
From United States, Daphne
praveenprem
2

Make sure the employee is counselled while accepting the explanation for the situation...
------------------

Date: ……………………
Ref:……………………………..

Name: …………..
Empl. No. …………..
Position: ………………..

Sub: ……………………………………………………………………………
It is noticed that your attendance record for the past few months are not promising. We admit the fact that it is caused due to medical reasons still unauthorized absence without proper handing over and replacement is unacceptable.
The above situation has resulted in disturbing our project schedule thus causing delay in work execution. Hence, you are hereby advised to submit an explanation for the above situation and apply for medical leave for……………
Your usual prompt attention regarding this matter will be highly appreciated.

Thanking You,

For …………………………………………………………………….

MANAGER-HR.
CC: ……………………………..
………………………………
--------------------------------------------

From Kuwait, Kuwait
ngurjar
50

PP,
As a qualified lawyer as well, please understand the advise: Your email can get you lots of trouble in a court of law!
Is it your duty to find a replacement for your work? If yes, are you leaving the company (why do you need a replacement)? Are you relieving your duties for a handover???
If you meet with an accident, do you expect yourself to 'train' your replacement while on the hospital bed? What is to be handed over??? Ask yourself these basic questions and you will know how the arms of the law could work :-)))
Be careful my dear friend... As a lawyer, if a lawyer were to advise your employee, you could be well behind bars in no time!
Unfortunately, you seem to have missed the earlier point completely.
Reg,
Nikhil

From United States, Daphne
s.ashraf ali
Hi
I am sorry to mention that without considering the legal implications,friends are giving advise.

If Ms.swapna really in need of help,pls answer few of my questions which is reqd for preparing a legally valid letter.

S.Ashraf Ali
Advocate

From India, Bangalore
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