Apex Management
Labour Laws Consultants
Retired Government Servant/advocate
Labour Law Advocate
Educator, Management Consultant & Trainer
+3 Others

Thread Started by #greiglll

Dear All,
We have an employee who was transferred in the month of Sep 2016. Immediately he applied for leave and has been continuously extending the same on medical grounds by providing medical certificate. It has almost been 5 months and his Earned/Privilege leave is also exhausting shortly. He has now written a letter stating that he is willing to take a demotion and remain at the same place. The same is not acceptable to management. Considering the same can we proceed and terminate him and if yes on what grounds?
7th February 2017 From India, Chennai
See if in the appointment letter, there is a clause that you can transfer him at will of the management, yes you can terminate him citing breach of contract. If not then you cannot transfer him. See the post in the footnote for appointment and contract related case studies.
7th February 2017 From India, Kolkata
Dear all,
It is correct that the transferable condition must be contained in the appointment letter and presume it while reverting. Here the question is little bit different. The person concerned is not challenging the transfer orders but avoiding its implementation initially on medical grounds and now requesting for demotion and insisting for same location.
In this case it is the sole discretion of the management either to oblige him with accepting his request or direct him to join the new location. If he fails to join the new location, then definitely it is a misconduct and appropriate disciplinary action can be initiated. Even when he was filing the medical certificates, the management could have challenged by summoning all and complete documents relating to his treatment.
P K Sharma
7th February 2017 From India, Delhi
Dear sir,
It would be fair and legal to stick on transfer decision . There is one lapse on management part which needs to be recapped without delay.Company if has its own medical officer fine or else fix up with outside qualified Doctor for this person , call him by a letter to appear before doctor for medical examination. There is no doubt about his intention of being absent on grounds of fake medical certificates. Get this fully established and then issue him chargesheet, conduct domestic enquiry and terminate services. Such employees should not be transferred , as matter is a gross negligence of office order, long absenteeism on grounds of illness and submitted fake certificates and thereby work is suffering at transferred location.
RDS Yadav
7th February 2017 From India, Delhi
The priority should be in verifying the alibi of medical ground. A second opinion could be obtained, preferably by referring to a medical Board.
7th February 2017 From India, Kochi
If there is a transfer clause, then stick to the transfer policy.
Let the employee's service be transferred to the new place. If he remains absent in the new place, warm him about his absence from new place, then subsequently you can issue charge sheet and conduct an enquiry in the new place. If you can prove unauthorised absenteeism, then surely you can take necessary action i.e. termination. Please note that after the date of transfer, he should be treated as an employee of the new place and communications should be done from that place as far as possible.
You can follow this steps, provided that he has exhausted all his due leaves and his medical conditions are duly considered.
7th February 2017 From India, Kolkata
1. First check the appointment letter and clause mentioned for transfer.
2. Whether the transfer is in normal process at the current location ?
3. No. of employee transfer earlier.
4. Whether the transfer as a punishment or in regular process?
5. Ask him to submit the medical prescription and diagnosis , test report etc.and after consultation of the company's doctor constitute a Board and fix a date to present before the board.
6. After all documentation you must issue a letter to explain about the illness ,refused to join on new location etc.
7. On completion of all the documentation you may issue charge sheet and fix a domestic inquiry for the charges leveled against employee.
8th February 2017 From India, Valsad
Accept his leave request on medical grounds and terminate him for continuous illness. This termination will not come under retrenchment under section 2 (oo) of ID Act 1947.
8th February 2017 From India, Thiruvananthapuram
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2017 Cite.Co™