Very Important Issue Regd

Hi
Please guide me what will be the solution on the following Issue.
One of our regular employee(workmen) unable to do the work due very bad health condition.He is not able to hear anythig,his hands are not properly work .His age about 56 years.Even right now due safety reason we are unble to place him for job only he is coming and mark his attendance .
In this condition,due to safety reason also it is very dangerous to work inside opencast Mining.So we want for one time solution .He is also not interested to put up his resignation .At the same time he is also the member of our Union.
So we want for safety reason,this case may be address.
Please help me to handle this issue smoothly.
Mantu71

A similar case was discussed long back, I think in 2008! and there seems to be no change to it with regard to any legislation in favour of employers. Therefore, you will have to discuss the matter with the Union and arrive at a settlement. It would even be beneficial if you pay the full salary calculated till his superannuation date and relieve him. To start with a negotiation it is good if you take the average attendance of the employee as of now and project his wages/ earnings accordingly and convince the employee and the Union that this will be the maximum earning per month in this critical health situation. Then multiply it with the remaining months and pay him that as final settlement. You can even start with 15 days pay for every month remaining in his service. Obviously, his other benefits like Gratuity based on current earnings shall also be paid.

Naturally, the Union will ask for gross salary with annual increments. Though it is very rare that such a person will be able to attend to work regularly without any LOP (assuming that he has already availed his earned leave for treatment etc so far) you can even think of paying gross wage rate if the employee agrees. I believe that he should accept at least at 60% of gross salary for the remaining months service for a smooth relieving.

The link would direct you to old discussion referred by me above in which I was also a party.

https://www.citehr.com/119126-termin...ll-health.html

Regards,

Madhu.T.K