How Should We Handle a Safety and Employment Dilemma for a Long-Time Employee?

Please guide me on what the solution will be for the following issue. One of our regular employees (workmen) is unable to work due to very poor health conditions. He is unable to hear anything, and his hands are not functioning properly. He is around 56 years old. Currently, for safety reasons, we are unable to assign him any work; he only comes to mark his attendance.

Given this situation, it is also unsafe for him to work in the open-cast mining environment due to safety concerns. We are seeking a one-time solution as he is not willing to resign, and he is also a member of our Union.

We need to address this case for safety reasons. Please assist me in handling this issue smoothly.

Regards,
Mantu71

A similar case was discussed long back, I think in 2008, and there seems to be no change to it regarding any legislation in favor 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 until his superannuation date and relieve him.

Negotiation Strategy

To start the negotiation, it is good if you take the average attendance of the employee as of now and project his wages/earnings accordingly. Convince the employee and the Union that this will be the maximum earning per month in this critical health situation. Then multiply it by the remaining months and pay him that as a 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 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 the gross wage rate if the employee agrees. I believe that he should accept at least 60% of the gross salary for the remaining months of service for a smooth relieving.

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

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

Regards,
Madhu.T.K