Dinesh Divekar
Business Mentor, Consultant And Trainer

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Dear Seniors,
Need help on a grave matter. One of the employee who joined us on 01st July'17,worked for 14 days and went on leave on medical grounds from 17th Aug'17 due to border line slip disc.As per her doctor she had to be on bedrest from 20th July'17 till 09th Aug'17 according to her medical certificate.But management decided to relieve her from duties foreseeing that even if she joins(purs being a tour company) during season time it will be difficult for her to cope up.Meanwhile we looked at her back up too.In between we kept on giving her hint also to leave,But she is not ready to put down papers.Then our legal department sent her a letter of discharge -giving the probation clause.Still she is not ready to listen and put down her papers asking on what ground she should resign.Even our Director has decided to meet her in person in the coming week.
Please advise what needs to be done in such case.

Dear Sarita,
You have written that the matter of absence of newly joined employee because of medical reasons is "grave". But I do not find any graveness.
If the employee has worked just for 14 days, and thereafter could not attend the duties due to medical reasons then tell her to submit resignation on medical grounds. Yes, you may invoke the clause mentioned in the appointment letter on termination of employment during probation, but rather than invoking this clause, you tell her to put up letter of resignation. Has her salary been disbursed for the month of Jul 2017? If not, then hold the salary. Tell her to complete normal procedure of separation when she reports for the duties. On completion of the separation process, release her dues during the monthly salary of subsequent month as applicable.
Dinesh Divekar

From India, Bangalore
Thanks Mr.Divekar for your reply.
The problem is she is not ready to resign mentioning that there is nowhere mentioned on the appointment letter that one has to resign on medical grounds. Salary we have not released yet.Even on our probation clause we have just mentioned that is of 6 months and no where it is mentioned that an employee has to leave on one day notice .

Dear Sarita,
If in the appointment letter you have not mentioned provisions of separation then you need to revise the appointment letter.
If the employee says that "nowhere it is mentioned on the appointment letter that one has to resign on medical grounds", then her argument is asinine. Each and everything cannot be mentioned on the appointment letter. It is her duty to render the desired level of performance.
Anyway, to handle the oddball like this, you may order the domestic enquiry and tell her to attend the enquiry on specific date. Let her unauthorised absence be proved. On the merits of the enquiry report you can take the disciplinary action. If she responds stating that she is unable to attend the domestic enquiry on medical grounds then hold the enquiry in abeyance.
If you do not wish to conduct the domestic enquiry then let her be on the rolls of the company. As and when she joins, you may conduct the domestic enquiry. Based on the enquiry report, terminate her services.
Dinesh Divekar

From India, Bangalore
Thanks Mr.Divekar for your prompt and valuable advice.

Dear Sarita,
Greetings for the day,
Since u mentioned that employee is probationer, and please check what is the probation period if lies within the same u need not to ask to put down his paper. Please Check the term & conditions of appointment what is the notice period i.e of 06 months or of Two months notice period discontinue his or her service with notice pay & other payments which falls under the preview.
Thanks & Regards,
Sumit Kumar Saxena

From India, Ghaziabad
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