How Should We Handle Salary and Communication for an Employee Unable to Return After an Accident?

Dear All, I would need your advice on a case mentioned below:

Employee Accident Case: Seeking Guidance

One of our employees met with an accident in January 2009 and sustained head injuries. Although time has passed, he is still not physically fit to resume duties due to problems with his hand and partial disablement.

Since then, we have been waiting for him and have not taken any action on this case, solely on humanitarian grounds.

Salary Processing and Communication

How should we handle this case, considering we have not processed his salary for the last two years?

I need to send him a letter inquiring about his physical condition. What should I include in the draft?

Please assist me.

Regards,
Ranjeet

Employment Injury and Termination Due to Ill Health

I believe that was not an employment injury. Continued ill health is one of the grounds on which an employee can be terminated. Normally, this will be provided in the Standing Orders of the company itself. Even otherwise, according to section 2(oo)(c), termination of service due to continued ill health will not amount to retrenchment. That means if the continued ill health of a person affects his performance, the employer is in a position to terminate his service even without following section 25 F of the ID Act.

However, it is advisable if you send a letter officially communicating the management's decision to terminate his service and calling on him to come and collect gratuity and other amounts due as full and final settlement.

Regards,
Madhu.T.K

Thank you very much! It was not an employment injury. We have this clause in our standing order, but on humanitarian grounds, we are not enforcing it. Could you please draft a letter for me?

Regards,
Ranjeet

Dear Ranjeet,

A formal letter will suffice. However, since he has been absent on Leave Without Pay (LOP) for quite an extended period, it would be appropriate if you send a letter asking him to explain why he should not be terminated and then send the termination letter. You may consider using the following sentences:

"Whereas you have been continuously absent since [date] after you met with an accident, as reported to this office via your letter dated [date of the first leave application informing about the accident].

And whereas you have continued to be absent since then,

And whereas it has been almost two years and five months since you have been away from work due to ill health,

And whereas the aforementioned period shall be sufficient to determine that your case shall be considered as continued ill health within the meaning of clause [...] of the Standing Orders of this establishment,

And whereas the management has the authority, as empowered by clause [...], of the Standing Orders, to terminate the service of an employee based on continued ill health.

This notice requires you to show cause why your services should not be terminated on the grounds of continued ill health.

Therefore, you are directed to provide your explanations within seven days. Failing to do so will imply that you have no valid reasons to contest the management's decision to terminate your services due to your continued absence because of ill health.

Sd/-"

He will either provide an explanation or accept the termination decision. In the former scenario, you can refer the case to the Medical Board as stipulated in the Standing Orders and then decide whether to terminate or not. In the latter situation, you can send a termination letter similar to the one below:

"Sub: Termination of service - grounds of continued ill health - reg

Ref: Our Notice No... dated...

Your response dated....

With reference to the above, we regret to inform you that your service has been terminated with effect from... You are instructed to collect your outstanding dues, including gratuity, from the accounts department on...

Sd/-"

Regards,

Madhu.T.K