Good Morning,
This post is regarding termination of an employee, An employee is taking sick leave continuously for last two months and sending us his medical certificate in every 15 days. He has been working with the organization for last 5 years and he is frustrated with his job for many reasons. He is a senior manager in the organization and management want to take decision, plz tell me,,, Can we terminate him in his sick condition,, if not then how long we will accept his medical certificate?
From India, Delhi
This post is regarding termination of an employee, An employee is taking sick leave continuously for last two months and sending us his medical certificate in every 15 days. He has been working with the organization for last 5 years and he is frustrated with his job for many reasons. He is a senior manager in the organization and management want to take decision, plz tell me,,, Can we terminate him in his sick condition,, if not then how long we will accept his medical certificate?
From India, Delhi
Senior manager category will not be covered under ID act. So you can take disciplinary action based on the proofs available with you as per principles of natural justice.
If you terminate him, he cannot gain relief under ID act.
You can ask him to go to the Government hospital doctors or company authorized doctor to get the medical certificate and submit to prove his illness.
From India, Chennai
147If you terminate him, he cannot gain relief under ID act.
You can ask him to go to the Government hospital doctors or company authorized doctor to get the medical certificate and submit to prove his illness.
From India, Chennai
Dear Member,
The above person who have joined ur firm since last 05 years as confirmed by ur post has given sufficient time with ur company and u being a HR person must know the reason of frustration and try to get him out and make worthy for the company and u having an opportunity to prove ur worthiness also for which HR has been placed in the organization.
Further if can not motivated till ur last attempt, any person may remain in employment till the requirement of organisation and candidate's physical fitness. Pls check employment condition and do the necessary action looking to long absence.
From India
The above person who have joined ur firm since last 05 years as confirmed by ur post has given sufficient time with ur company and u being a HR person must know the reason of frustration and try to get him out and make worthy for the company and u having an opportunity to prove ur worthiness also for which HR has been placed in the organization.
Further if can not motivated till ur last attempt, any person may remain in employment till the requirement of organisation and candidate's physical fitness. Pls check employment condition and do the necessary action looking to long absence.
From India
Yes, I do agree with Mr. Raj Dubey ...... Company should first check where is fault either from employee side or company side....then they should be take decision accordingly....
From India, Surat
From India, Surat
Thanks Rajesh,, He is frustrated bcz he has to report to the person, who is new and younger than him,, ego clash,, We tried to speak to him but he is like this for last one year and now taking without pay leave in the name sickness,, I just want to know,, can we terminate him after giving notice? Can he fill case against us? Anything in labour law?
From India, Delhi
From India, Delhi
Proceed with Ur HR Policy, because he is Sr Manager and Supervisory Category.
If Ur Policy is silent in this case of Misconduct or U can say long absence either unapproved leave then
Issue Him a Charge Sheet calling a written explanation within a stipulated period.
Before this get a complaint receipt from concerned department and revoke his further leave sanctioned.
Initiate domestic enquiry and after getting proper report and favourable grounds , issue letter of termination as per Standing order / HR Policy which ever exists.
In all case it must be ensured that opportunity must be given and shown on documents.
From India
If Ur Policy is silent in this case of Misconduct or U can say long absence either unapproved leave then
Issue Him a Charge Sheet calling a written explanation within a stipulated period.
Before this get a complaint receipt from concerned department and revoke his further leave sanctioned.
Initiate domestic enquiry and after getting proper report and favourable grounds , issue letter of termination as per Standing order / HR Policy which ever exists.
In all case it must be ensured that opportunity must be given and shown on documents.
From India
Dear,
First of all look into his actual working, whether he was performing managerial or administrative or supervisory work and which could be proved with documents in court.
If yes you can directly terminate him as per the terms of appointment.
Else you have to issue charge sheet and if required Enquiry and then seeing the gravity of charges can think of punishment of dismissal.
Lexlabour.com
From India, Delhi
First of all look into his actual working, whether he was performing managerial or administrative or supervisory work and which could be proved with documents in court.
If yes you can directly terminate him as per the terms of appointment.
Else you have to issue charge sheet and if required Enquiry and then seeing the gravity of charges can think of punishment of dismissal.
Lexlabour.com
From India, Delhi
Mr.Stephen, how we can say manager category is not coming under ID act? Is there any definition in provision of law? Pl clear.
From India, Chennai
From India, Chennai
dear sir, if company want to terminate the employee then how it could be possible? without any reason can company terminate the employee?
From India, Miraj
From India, Miraj
Mr. Marul,
ID act 1947 section 2 has the definition as follows which says that the managerial, supervisor and administrative capacity will not come under purview of workman under ID act.
(s) 5 " workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute, but does not include any such person--
(i) who is subject to the Air Force Act, 1950 or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
From India, Chennai
ID act 1947 section 2 has the definition as follows which says that the managerial, supervisor and administrative capacity will not come under purview of workman under ID act.
(s) 5 " workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute, but does not include any such person--
(i) who is subject to the Air Force Act, 1950 or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
From India, Chennai
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