PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Business Mentor, Consultant And Trainer
PRABHAT RANJAN MOHANTY
Hr & Ir
Deputy Commissioner Of Labour..a.p.
Insolvency N Gst Professional
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Dinesh DivekarDear Divyesh,
What is the date of the certificate submitted by the employee and what is the date of the certificate of the medical conducted by the company? What is the time duration in days between the two?
What is the nature of the medical unfitness that was detected during the medical check-up conducted by the company? What is the designation of the employee and what is the nature of the work he/she is required to do?
Human health is unpredictable. Anything may happen to anybody. Ascertain the facts and do not jump to the conclusion that he had suppressed the material facts while joining your organisation. Nevertheless, you can do the independent verification of the genuineness medical certificate submitted by the employee. If it is a fake one then it is a falsification of the documents and his services are liable for termination.
However, if the certificate submitted by him is a genuine one then explore the possibility of giving him an alternate work. Deal the case compassionately.
From India, Bangalore
nathraoAs learned member above has already given right guidance.
i would- call the employee in question and ask him to get a fresh medical checkup done and find out whether he indeed has a genuine problem and it arose subsequent to his medical fitness certificate.
Give him an opportunity to prove his fitness in relation to company requirements which will be due to nature of job.
After all inputs about his medical fitness comes to the company-appropriate decision can be taken.
If an employee is unfit,subsequent liability may fall on company for employing a known unfit person.Alternative job etc in same company can be thought off.
From India, Pune
Nagarkar Vinayak LDear colleague,
Since both medical reports contradict, you need to clarify the time gap between first and the latest report and reasons for being declared unfit.
In my view, it is fair to refer the 'unfit' report to another expert as well as have him examined by him.
Appropriate action can be taken after ascertaining true reasons arising out the review by the expert for his fitness or otherwise and no knee jerk decision is advised.
HR and Employee Relations Consultant
From India, Mumbai
gannahopeYa what is the naurs if work needed full fitness after becoming a regular employee in your company. If he is now at your what type of work. You have recruited him by his fitness to certain work. It is natural depreciation comes by nature. If you think he is unfit certain type of work change him to another department but not move to retrench him....
From India, Nellore
PRABHAT RANJAN MOHANTYThis is quite sensitive issue both for employee and employer. The employee has submitted the medical fitness certificate before induction to the company. in this aspect you can not call the fitness certificate wrong because you considered the document right on its place.
The action has to be taken as per standing policy of your company, provided having a fitness guidelines/yardstick for continuity of service.
On the first hand, which ground your company doctor declared the person unfit for work has to be ascertained clinically by a Govt. Surgeon. Therefore, the employee should be examined by a Govt Surgeon and to according to his direction. It has to determine by the Surgeon whether the person is completely unfit or fit for certain job that is existing in your establishment.
On second hand, Your company can consider someone from his family suitable for the job or can be terminated with compensation, if found unfit for any work or absence of further scope of employment.
To this query our senior members of this forum have supplemented their views for your guidance to choose your action.
From India, Mumbai
firstname.lastname@example.orgDear All, Thank you very much for your valuable suggestions.
From India, Vadodara
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