Labour Law & Hr Consultant
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Talent Acquisition / Consultant - Catalis

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I am new to this job. This employee was working from 4.8 months in this office as Manager Admin & Facilities. Once with the office boy when he was out on office work. He met an accident and his left hand and left leg got fractured in fact his left leg is replaced by steel rod.
After his accident once he got discharged from the hospital he started working from home.
Except his physical appearance he use to handle all the jobs through phone as well subordinates. Doctors suggest him to take rest for 6 months.
My superiors are telling me to speak to the employee and serve the notice.
They are suggesting that company will pay for his medical bills and 3 months salary in advace.
Please team, I need your suggestions.

Dear Manjunath,
What is your establishment - a commercial enterprise engaged in trading activities? an IT/ITES establishment? a shop? If it is a manufacturing concern, whether the administrative office is situated within the factory premises or elsewhere? Pl remember that whenever you raise a query, you should give the relevant details.

This is NGO run by one of IT Giants. Which is Education (Training).The Head Office situated in Bangalore and the person who has met an accident is Admin & Facilities Manager who has worked for more than 4 yrs 8 Months.
Warm Regards,

Dear Manjunath,

From your statement, I am given to understand that your management directs you to serve the notice of termination. If so the present move of your management is just like adding insult to injury. Whether any social security law is applicable to the individual or not, the accident arising in the course of his employment has debilitated him and despite the consequential physical infirmity, he discharges his duty from home. You have not mentioned clearly whether his left leg was amputated.Anyway, as his nature of work is purely administrative as you mentioned, such a confident person can effectively work as usual notwithstanding his physical infirmity. Apparently from the doctor's advice of 6 months complete rest, there may be every possibility that he can discharge his duties like before. Then, why your management is so hasty to dispense with his services? It is not out of compassion I am telling. An NGO founded and run by an "I.T GIANT"for the noble cause of imparting education or training is so insistent on eliminating an othrwise sincere and effective employee because of his physical infirmity that too caused by an employment accident is certainly an unscrupulous act.So, plead with your management to reconsider their hasty decision AND PERSUADE THEM TO RETAIN HIM AT LEAST WITH SOME ALTERNATIVE JOB.After all, charity begins at home!

Hello Manjunath,

I would second the opinion of Umakanthan.

The person met with the accident while he was on duty. Hence it is the responsibility of the organization to be compensating him for his loss.

Secondly, loss of limbs is a huge loss. It will have certain effect on the emotions of the person also... But I think the person is tough and strong and is fighting his current situation by trying to serve you even from home although he has been advised complete bed rest for 6 months...

Thirdly, the doctor mentioned about rest for 6 months which means he can resume like before thereafter....

You mention yours is an NGO (and I believe NGOs are the organizations who do not work for profits and are Indian version of what is best known as NPO - Non Profit Organization in the west)

A person who selflessly is serving you and your organization even after such huge loss cannot be rewarded by asking him to resign and rest... Instead his strength should be rewarded by offering him recognition atleast by letting everyone know that in spite of accident, being on bed rest, and having suffered a huge loss, he had a brave heart to continue his duties from home.

Think about it....

Dear Manjunath
Do keep us posted about the development in this case; which would be interesting and enlightening for everyone.
While seconding and appreciating the inputs from members; I am still apprehensive that the company, despite its stature, will still retain that loyal and hardworking employee. It may sound very pessimistic, but I find that despite their publicity on human values, CSR and being a great place to work; companies no longer care for such issues, as is evident by what is being asked of you.
Warm regards.

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