How Should HR Handle a Unionized Employee Avoiding Transfer Due to Health Claims?

Dear Senior HR Professionals,

I work in an MNC Pharma Company as an HR manager. Here, a few Medical Representatives are working in the field as MRs, who are unionized. One such MR was brought to an HQ of his choice 2 years back. After that, the sales results did not improve (in fact, deteriorated), new products launched did not catch up, and his measurable inputs (e.g., doctor visits/day, etc.) are poor.

These issues were pointed out by his immediate supervisor several times, and every time, only assurances were received from the MR. After 2 years, the company decided to transfer his services (effective from 1st July/10) to another productive area with a successful sales target achievement record.

Currently, the MR is not joining his new HQ, reporting sick with low back pain, and getting extensions of 21 days every time from his attending doctor. The company has only received the doctor's prescription and not a Medical Certificate from him. His sick leave has already been exhausted, and his paid leave is about to run out too.

Please advise, seniors, on the way forward.

Regards,
Lahiri, Kolkata

I think the first thing is to withhold his salary. Then, send him a letter stating that his salary will be cleared only if he has joined the new HQ and worked there for some time (which you can decide). If he still does not reply or join, you can then send him a warning letter.

Dear Chitra, Thanks for your viewpoint. Remember, his PL is still existing, so stopping salary will not be legal. No, he has not joined at all at his new HQ. He's reporting sick leave (back pain) and providing his prescription extending leave, but not a Medical Certificate or his other reports. His registered AD letters are coming back from his old communication address. He's refusing to get consulted by a super-specialist (Orthopedic) appointed by the company, too. Fishy?? Please advise!!

Regards,
Lahiri, Kolkata.

Of course, it's FISHY—in caps. I suggest not looking for ways to convince him to join at the new location. Instead, consider ways to trap him and fire him, keeping in mind the Union's reactions too. The faster you do it, the better—otherwise, you can be sure there will be others to follow this trick with a typical sheep mentality.

Maybe send an Ortho Specialist to his home WITHOUT NOTICE and check him out with some independent witnesses around, just in case he complains that he was manhandled :-) This response is typical of a unionized employee.

Regards,
TS

Dear,

The Sales Promotion Employees (Conditions of Service) Act, 1976 would apply. Please go according to that as you say there is Union backing.

With Regards

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