HR Course Of Action Against A Non-performing Medically Unfit Employee - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
JayDG
Hr Professional

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Dear All,

Putting forward a live case study. In a particular department of a manufacturing company, an worker is unable to do his normal duties due to certain medical problems. He is also suffering from some sort of mental/psychological problem also which makes him unable to work intelligently or even comprehend a order properly by the executives properly. At present, he hardly does anything except for small errands like carrying some tools or documents etc. The management has written to his family to get him proper treatment at the company hospital. However, his family (wife & 2 children) are scared that the hospital might declare him invalid leading to a job loss. For them, it was better if he continued to attend office even if he was unable to work, so that atleast theres money coming home every month. The said employee is however very punctual and attends duty daily. His family members escort him to the company gates everyday and then back from the gate after duty hours.

The promotion policy is determined by 2 major factors - (a) attendance more than 240 days (b) performance. To be promotable the employee needs to have > 240 days in the last 4 years AND a performance rating better than 'C' AND no disciplinary proceedings underway AND/OR in punishment.

The union(s) have made some sort of an internal pact with the production head of the particular department, where they allow him come to duty without taking any disciplinary or other measures in lieu of not giving him promotion when due. It was found out that the department infact had not been filling up his yearly confidential records for about 5 years now. When the incident was discovered, the department was made to fill up his CCR for the last few years. It was also thought that following this measure, a note would be prepared ordering the worker to go for a compulsory medical test. The future legal position of not giving CCR and promotion was also kept in mind.

In the meantime, what else should be done and what should be the course of action of the HR department.

Regards

Jay
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Did you manage to get the employee medically examined as is planned? If so, what is the outcome of medical examinations? Based on the findings, an appropriate reply can be posted. Thanks R K Nair
Dear Jay,
The case you've presented is really a pathetic one. Throwing him out of employment on medical invalidation may be the easiest and the safest managerial decision. But it smacks of callous managerial attitude accentuated by a cruel tactics to eliminate an unproductive human resource. So, let your HRD first decide whether it is the only ultimate choice for solving the issue. Other than his deficient understanding, is he afflicted with any behavioural disorder so as to endanger himself or others in the shop floor? If not, why don't you redeploy him in a non-production area?
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