Dinesh Divekar
Business Mentor, Consultant And Trainer
Raajesharya
Founder And Mentor @ Ethical Business Strategists
+1 Other

Dear All,
If an employee is ill and he has not provided any fix date of rejoining to office. Each time he gave date & later he refuses to rejoin on same date.
Sometimes he didn't answer to call & message as well other side he tells us he is interested for rejoining.
My management told me drafts a warning letter for him. In such case what points should we mention in letter? This is informed absenteeism, so I would like to know points I should add.
I searched many warning letter but that is without intimation absenteeism. i want with intimation but no fix date provided for re joining.
Thanks in Advance.
21st February 2017 From India, Pune
Pooja,
From the contents of your mail it seems that your HR manual clearly establishes a protocol to be followed in such a case. Please feel free to send a notice of termination stating all the facts and referencing all your communication to him. Also specify any loss to business that your company would have incurred because of such an uninformed absenteeism.
Referencing the relevant sections of HR manual, write to the employee to join the office along with medical certificate ('fitness certificate'). Also quote a specific date (at least 7 days from receipt of your letter) by which his services will be terminated, if you do not hear from him or his authorized representative.
Feel free to send this notice mentioning 'without prejudice' on the top.
Best wishes!
21st February 2017 From India, New Delhi
Dear Pooja,

One of the employees of your company is sick and he is unable to attend the office. He has been asking for the extension for resuming his duties. However, the question arises is what is the diagnosis? Since when is he hospitalised and how many times has he sought the extension?

What efforts you have taken to assess the validity of his sickness? Is the employee from the same city? If yes, then did you visit his home or hospital? Have you verified the medical documents? Has he submitted any medical certificate while asking for extension of leave?

When the employee became sick, initially he might have asked for either sick leave or earned leave as the case may be. However, did he submit medical certificate since the leave was asked on medical grounds? Later the employee needed more time to recover therefore, he might have asked for Leave Without Pay (LWP). This is my assumption. However, whenever he asked for the extension, did he apply for proper leave with valid medical certificate? It appears that you have not followed this procedure.

Issuing warning letter or terminating employee without assessing reliability of his claim is bad in the eyes of the law. Therefore, take action but first verify the facts and then take an action. Please note that administrative action should be based evidence and surmises have no role to play.

Thanks,

[b]Dinesh Divekar[/b
21st February 2017 From India, Bangalore
Thank You Raajesharya & Dinesh Sir.
However, he is ready to submit medical documents. But each time he lied with us that, on specific day he will resume his duty, in real he is not. Also sometime neither he nor his family answered to our call. His hometown is different than job location. Since Jan he is discontinued his duty due to sickness.
So my boss wants me to issue warning letter to him.
21st February 2017 From India, Pune
Dear Pooja,
If he submits the medical documents and fails to join then you may give ultimatum to join the duties. If he fails to resume his duties by certain date then write in the letter his services could be terminated.
Thanks,
Dinesh Divekar
21st February 2017 From India, Bangalore
Please find below the Draft letter, you can modify as per your need.

Dear---------------

You were on leave/absent since ______________ on account of sickness. You have been giving us false promises/commitment of resuming your duty by________________, _______________ and___________ dates but failed to fulfill such commitment/promise by resuming your duty. The Management is bound to know the facts of your fitness and clarity on your rejoining. Hence you are hereby requested to kindly submit your medical fitness certificate and/or rest period suggested by the Medical Practitioner to come to a conclusion of hiring a new candidate in your place as the work is affecting in your absence. We would also require you to give us in writing your final date of joining your duty, failure to do so we would assume that you are no more interested in continuing the job and will treated as absconder and necessary formalities will be done accordingly. Your reply will be accepted lately by 7 days from the receipt of this letter.

Seniors and/or other forum members can give their views on the above mentioned draft letter.
22nd February 2017 From India, Ahmadabad
hi I need total basic information how ESI can be deducted. can anyone give the information.
22nd February 2017 From India, Mangalagiri
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