Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Gsadv
Advocate
+1 Other

Thread Started by #roopa.vibrant@gmail.com

Dear Seniors,

Need your guidance.

One of my friend associated with an MNC, since past 4 years. Unfortunately,due to high work pressure, he had a brain attack in office premises last Sep 2015 & his right side (Leg & hand) paralysed.He had to take a break of almost 10 months for his recovery. Now he is able to walk slowly & doing his all the activities with his left hand only.

He was working in senior profile as Manager (JD- as handling the day to day operations/ Mails/ Checking reports). After a break of 10 months , he requested HR for rejoining but HR said that he can not join the office as his right hand is not functional & after 2 months only they will review his conditions. Now my friend is in deep shock as his disability will not allow him to work anywhere else & he has family to support. Please advice on below:

1) Its a neurological conditions & recovery is very lengthy process (chances are very dim)

2) Can company deny the job because of the above stated condition

3) Company did not pay salary for mentioned tenure also.

4) He is able to do all his work with his left hand.

5) Can we claim for a disability compensation

Thanks

regards/Roopa
8th September 2016 From India, Faridabad
Hello Roopa,
While empathizing with your friend's condition, there can be very few options left for him vis-a-vis further employment.
One clear option would be to choose any job that allows to working from home. He can ask his HR to allow working from home for the 2 months HR says they wish to wait for. That way he can take the chance to show that he can perform.
However, Work-from-Home can limit the type of jobs assigned--since confidential work is not usually assigned to such employees UNLESS the Company is sure it won't be misused. Also, jobs that need regular interaction with others or other employees may not be assigned.....though one-off meetings can be handled thru Skype.
Your friend may also need to take a cut in the salary--he may not be able to insist on the same salary as before.
But I guess that's the downside of such situations.
Rgds,
TS
9th September 2016 From India, Hyderabad
The affected party can approach the Labour Court/Tribunal. He or she can plead before the court that occupational stress caused disability/harm and plead that he had a brain attack in office premises and his right side (leg & hand) paralysed only because of occupational stress..
Also plead any breach on the part employer in respect employment terms and conditions. The burden is on you, to establish facts, whereby the Court/Tribunal could conclude that occupational stress caused the harm to your health, on the basis you are seeking compensation for.
Nevertheless ,one have to establish the facts, accordingly show the workplace stress as the root cause of injury. We can also plead work related stress combined with harassment, triggered the reoccurrence of a past or present disability. In turn, establish the facts within your grievance before the Tribunal/Court. This potentially makes the employer liable to pay you compensation for disability discrimination under the Indian Labour Law.
If you are capable to do the given work, the employer can/should not deny the employment on the basis of disability. Moreover, disability caused because of employment.
9th September 2016 From India, Bengaluru
If he is able to do his job, he can very well approach the company with representation along with medical certificate/fitness certificate for rejoining the work. Even thereafter, if the company deny employment, he can raise dispute before the Labour Commissioner for suitable remedy for his reinstatement and other benefits under relevant Act. Simultaneously he can also seek monetary compensation from the company by raising dispute before the Tribunal as the disability due to occupational stress...
9th September 2016 From India, Chennai
Dear All, Many thanks for your expert comments. Planning to meet an expert advocate on the same. Will keep you updated on the same. Regards/Roopa
15th September 2016 From India, Faridabad
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