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Anonymous
Respected HR Fraternity,

I am working as a HR in an IT firm and have a query with respect to Force majeure.
One of my colleague was unwell during the last one week in July end and had availed Sick leave for the same, he returned back to office on 31st July but was still unwell. Again from 1st August he did not turn up for work and had intimated the LM about the same. On 3rd August we received a resignation email from him where he has stated that he will not be able to fulfill the one month's notice as per the contractual requirement due to his illness and that he wants us to consider 31st July as his last working day in the Company. The reason that he has cited is that the fever was due to the rupture of the plate that was fixed in his thigh and that he needs to undergo a surgery ASAP after which he will need to be on bed rest for 3-6 months.
The employee also mentioned that he is willing to pay his one month's salary in lieu of his notice period (as per the clause given in his appointment letter) as he isunable to serve the required notice period due to health conditions. However we had already processed the salary for the month of July on the 31st itself for all the employees including him and since 1st Aug he has not been coming to office so we are unable to recover the same from him.

My query is...Can we demand for a medical letter from the employee and consider this case as Force majeure and waive off the notice pay as well? if so, are there any other details that we should demand from the employee other than the medical letter?

OR

Should we ask the employee to pay back the Company his one month or half month salary in lieu of his notice so that this case doesnot set any precedence to the other existing employees.

Kindly advise what will be the best practice.

Looking forward to your valuable guidance.

Thanks,
Mia
7th August 2017 From India, Chennai

Dinesh Divekar
Business Mentor, Consultant And Trainer
Bijay_majumdar
Freelancer
Manojkamble
Sr. Hr Executive
Depak Kundu
Manager-hr
+3 Others

Dear Mia,

First let me give comments about the word force majeure that you have used in the heading of the post. The dictionary meaning of force majeure is a natural and unavoidable catastrophe that interrupts the expected course of events. This phrase is used in the contract agreements. Sometimes, because of the acts of god like earthquake, flood, typhoon etc contractor is unable to execute his work. Contractor asks for the extension of the contract time limit because of the force majeure. Therefore, how far it is appropriate to use this phrase in employer-employee relationship that remains to be seen.

You have two options now. One is to keep ailing employee on the roll. Let him avail of Leave Without Pay (LWP). Let him resume his duties once he recovers completely.

The second option is to accept his resignation. However, since his salary is already paid, you may approach the bank for the reversal of the salary credited. In case if he has not withdrawn his salary then send the letter to the bank on your company's letter. Explain the reasons why you are taking this action. Generally bankers oblige employer's request.

Resignation can be accepted on the medical grounds with the certificate from the certified medical practitioner. However, send your security officer to the hospital to verify the authenticity of the medical certificate.

On medical grounds you may "condone" or "waive off" the notice period.

Thanks,

Dinesh Divekar
7th August 2017 From India, Bangalore
Dear Preethi,

As the employee is ready to pay his notice period now it is complete choice of an employer to see this case on humanity ground or just an simple resignation case. It is really good to waive of his notice period considering his medical condition by doing this the respect towards the employer will surely increase in the eyes of other employees. Yes, while considering this you should ask complete medical documentation from him which will enable you to make sure if the case genuine.
7th August 2017
Hi,
Mr Manoj Kamble has correctly stated. This is an opportunity for you to to gain other employee's more loyalty and confidence by setting an example of waiving off the notice period on grounds of medical ailment as well as humanity. Yes the verification of medical authenticity is to be done so that an assurance of case is insured.
8th August 2017 From India, New Delhi
Really if you are using the word "force majeure" in employment contract, I will suggest to investigate the case and on the ground of reality, try to retain the affected employee ask him to take medical treatment and come back on duty after it. if you have any health policy such as GPA and GMC you can help him and can claim through the policy, being a HR practitioner, we should help him in his treatment and save is employment.
10th August 2017 From India, Gandhidham
Dear Mia,
You always can ask the employee to pay back the amount in lieu of notice and in the instant case the employee has already stated his intention to pay. In other case your company can adjust the amount from the full & final payments likly to be paid to the employee. Do not issue any release order till completion of your procedure, issue communication in this regard to the employee.










Dear Mia,

First let me give comments about the word force majeure that you have used in the heading of the post. The dictionary meaning of force majeure is a natural and unavoidable catastrophe that interrupts the expected course of events. This phrase is used in the contract agreements. Sometimes, because of the acts of god like earthquake, flood, typhoon etc contractor is unable to execute his work. Contractor asks for the extension of the contract time limit because of the force majeure. Therefore, how far it is appropriate to use this phrase in employer-employee relationship that remains to be seen.

You have two options now. One is to keep ailing employee on the roll. Let him avail of Leave Without Pay (LWP). Let him resume his duties once he recovers completely.

The second option is to accept his resignation. However, since his salary is already paid, you may approach the bank for the reversal of the salary credited. In case if he has not withdrawn his salary then send the letter to the bank on your company's letter. Explain the reasons why you are taking this action. Generally bankers oblige employer's request.

Resignation can be accepted on the medical grounds with the certificate from the certified medical practitioner. However, send your security officer to the hospital to verify the authenticity of the medical certificate.

On medical grounds you may "condone" or "waive off" the notice period.

Thanks,

Dinesh Divekar
7th August 2017 From India, Bangalore
Dinesh Divekar
Business Mentor, Consultant & Trainer
Bengaluru - 560092 (India)
dineshdivekar(at)yahoo(dot)com - +91-99001-55394
Beware of the false knowledge, it is more dangerous than ignorance.




manojkamble 72


Dear Preethi,

As the employee is ready to pay his notice period now it is complete choice of an employer to see this case on humanity ground or just an simple resignation case. It is really good to waive of his notice period considering his medical condition by doing this the respect towards the employer will surely increase in the eyes of other employees. Yes, while considering this you should ask complete medical documentation from him which will enable you to make sure if the case genuine.
7th August 2017
Manoj Kamble
Sr HR Executive






harpreetwalia 29


Hi,
Mr Manoj Kamble has correctly stated. This is an opportunity for you to to gain other employee's more loyalty and confidence by setting an example of waiving off the notice period on grounds of medical ailment as well as humanity. Yes the verification of medical authenticity is to be done so that an assurance of case is insured.
8th August 2017 From India, New Delhi
Regards,

Harpreet Walia





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10th August 2017 From India, Mumbai
This is really good to see that all the respected members have so positive and helping replies.This is the reason why this site is so help in knowing how hr issues are resolved amicably.
As regards to this case I also suggest that if the case is genuine then the particular employee be relieved happily with out any condition.Going one more step ahead if the employee is a good performer and fruitful for employee in future,Company should come forward to help him to recover fast and rejoin.Also if facilities exist like medical insurance, he can be even helped by providing such coverage.
The Result of this,will be increase of company repute and goodwill in the market and among employees.
A healthy employee -employer relation is the key towards branding of company.
10th August 2017 From India, Vadodara
Dear colleague,
With the resignation of the employee following his illness, the issue is limited only to whether the notice pay be waived or recovered from him. Since he is willing to pay, it may be recovered from him. If he is a good performer, he may be allowed to rejoin after he is declared fit by the doctor.
Regards
Vinayak Nagarkar
HR-CONSULTANT
11th August 2017 From India, Mumbai
Anonymous 
Hi All,

thanks a lot for all your valuable sugguestions. It was very useful for me to take a descision. We have waived off the employees notice pay and have given him a choice to rejoin the organization once he recovers.

Thanks,
Mia
21st August 2017 From India, Chennai
Dear mia,
I appreciate your right decision

Regards

Vinayak Nagarkar
HR- Consultant
21st August 2017 From India, Mumbai
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