Rajesh Kumar Dubey
Manager - Hr
SrAdvBhat
Sr Advocate
S SURESHKUMAR
Administration
Swarnas
Hr Manager
+2 Others

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An employee of our is on leave from the last one month due to an accident. He has been sending us updated medical reports that suggest he gets more rest so needs more time to get back to work. We have had performance issues regarding this employee too though not much has been done formally reg this issue by his manager or HR. Can we go ahead and terminate his services before he comes back to work as we have enough records from the tracker system to show he has been not performing for several months?
that will be illegal if you don't take actions legally.
On other hand, I understand that management have never discussed any performance related issues with this employee earlier, and never gave him/her any feed back formally. Terminating this employee during this tough period of his/her life is very inhuman. I advice you to please do not consider to terminate him. Think about yourself in that particular employee's situation, will you ever take this decision being terminated from your employer?

1. Termination in such difficult times might not be a good call. especially when that fellow member has been continuously sending you his updated reports.
2. Once he resumes work back you can put him under PIP (perforamance improvement plan) check on his performance post that and then take appropriate action.
3. HR is employees advocate. Always remember.
Wishing that member a speedy recovery

Dear Swarnas,
Whether your organization are paying or compensating that person ?
If Not, take humanitarian ground and get him well as earliest and give him sanctioned leave without pay, in the mean time you may hire someanother so that your work may not suffer. As soon as he resumes on duty, you have two options for selection the best, because it is not necessary that other person will definitely sure for best for HR/
department.
I have suggested because earlier was also selected by you people. Don't blame any person / management for Wrong Hire.

Thank you all. We have decided against terminating this employee. We will follow a principled approach and retain him. We will probably watch his performance in the upcoming months and see if there is any improvement and then take a decision based on the same.
Thank you.

Dear Swarnas,

There are many ways to deal with employees when the management has decided to terminate him/her like performance, integrity, job rotation, transfer, health, absenteeism, safety, confidentiality, under probation period etc.

1. First try to find out what kind of accident it is and the severity of it. What is the normal time for recovery.

2. If you found any suspicious, check whether he is hospitalized or resting at home.

3. If he is at home, do a recheck through a different doctor in your presence which will establish the facts for further course of action.

4. If it is decided to remove him due to the performance issues, wait till he resumes the office. Show him his past performance ratings and appraisal records (but your communication says several months). If he is below achieved for past 2-3 years you may ask him for his resignation. But do it in front of his reporting manager and also check your policy on PMS before acting. Do not stop his salary till the F&F Process.

Regards,
PS

Selecting another person is truly unprofessional and inhuman. there are many companies working around who do stand in such tough situation alongside with their employees and take due care of their well beings.
further, if the employee was non-performer and working since last 2-3 years, then what the HR team and management was doing for these years. it is utter non-sense to simply blame the poor person for non-performance in his difficult times just because you want to part with the individual employee.
please grow up and get rid off such desi attitude. remember, this is not a Banana Republic. there are comprehensive laws governing such situations. therefore, please deal with the situation in professional way..
Regards,
Virendra Rai

I appreciate all suggestion. Happy to see this positive attitude. HR has to analyze and support employee during his genuine situations, then only we can built strong human resource.
Regards
Sureshkumar

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