Thread Started by #maheshsaxena@gmail.com

Dear All,
Can an employee absent without leave and taking treatment at ESI Hospital be removed from service. What is the right of employee in this regard? We have a case wherein a casual employee reported for duty after four months, with admission and discharge slips of varying period and not continuous.
Thanks
21st October 2018 From India , New Delhi
The case will have to be studied thoroughly.
How much gap was there,what was the doctors advice etc.
Dont be a in a tearing hurry to dismiss the employee.
Has he given you intimation of sickness, fitness etc?
21st October 2018 From India, Pune
Thanks for your reply Nathrao,
The individual is a casual employee with more then 10 years of service. He did not inform the office of the reasons of his absence. He reported to office after a gap of more then two months along with medical papers which showed him admitted into the ESI empanelled hospital on three occasions for a period of seven days for his waist treatment. During all this period his whereabouts were not known to employer.
Under the circumstances, as per terms of his agreement, 30 days continuous absence from duty without permission should make him to lose his lien on the job and his services shall automatically come to an end and without any notice or intimation from the side of the Management.
Kindly advice if the action to remove him can be initiated?
Thanks
22nd October 2018 From India , New Delhi
Hi
Further to the advise given by the learned member it will be good if you do not initiate the process of termination without going into the pros and cons of the situation. 10 years of service as casual employee may give rise to other issues like making him permanent etc. Doctor's advise to the patient is not given in clear terms in the above instance. You have shown only the agreement from the employer's part without taking into consideration the reasons including medical leave from the employee point of view. Please be sure to study the medical records wherein [perhaps] he was advised to take bed rest etc during the intervals he was not in ESI hospital. Ask the employee to produce all the docs pertaining to his medical condition before proceeding with your point of view.
Thanks and Regards
22nd October 2018 From India, Hyderabad
Have an enquiry to ascertain full facts/terms and conditions of appointment etc. and collect medical papers from employee.
How many days was he absent?
Did employer send any message or find out reasons for absence?
Was he in hospital for only 7 days out of his total absence of 2 months?
Any bed rest prescribed?
What was date of fitness certificate from ESI doctor?
22nd October 2018 From India, Pune
As far as I know, the employee has to get an entitlement form filled by the employer and this has to be submitted in the zonal ESI office before admission in a hospital. Also, after discharge from the hospital, forms have to be filled and signed by the employer to be submitted to the ESI office. So, the employee can't get any service without the support of the employer. If this employee has not informed the employer or got any forms prepared, it is unlikely that the employee could have got admission under the ESI system. You need to check if the procedures were followed. If he was away without leave or intimation, you are free to take suitable action as per your administrative procedures.
23rd October 2018 From India, Kolkata
Dear Mr Mahesh Saxena,
You are stating that
"as per terms of his agreement, 30 days continuous absence from duty without permission should make him to lose his lien on the job and his services shall automatically come to an end and without any notice or intimation from the side of the Management"
But in view of his long service of ten years have you sent any communication to the employee during the period of unauthorised absence of two months.
Now, when he has reported / approached you with the medical reports, you are in dilemma.
Please view his case sympathetically. Else it would be violation of the principles of natural justice and employee may opt for the legal action against the company based on his ESIC medical certification and also the arbitrarily action of the Company, if you are dispensing his services.
23rd October 2018 From India, Hyderabad
Dear Mr.Mahesh saxena,
We can not remove any IP without valid reason.
If the person is on medical leave with intimation/without intimation we have to show as on leave to concern person.
The reason behind this if the person taking treatment we can not remove from service.
For futher detail you can check ESIC act chapter "IV" Section 96 to 108.
24th October 2018 From India , Bhopal
Dear Mr Mahesh Saxena, can you please clarify your statement that "The individual is a casual employee with more then 10 years of service
How an Employee remains a Casual Employee after putting 10 Years of Service.
4th November 2018 From India, New Delhi
Dear HR Fraternity
++++++++++++++ Thanks for your inputs. Wish a happy and prosperous festival of lights, DIWALI +++++++++++++
5th November 2018 From India, New Delhi
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