Respected HR Fraternity,
I am working as a HR in an IT firm and have a query with respect to Force majeure.
One of my colleague was unwell during the last one week in July end and had availed Sick leave for the same, he returned back to office on 31st July but was still unwell. Again from 1st August he did not turn up for work and had intimated the LM about the same. On 3rd August we received a resignation email from him where he has stated that he will not be able to fulfill the one month's notice as per the contractual requirement due to his illness and that he wants us to consider 31st July as his last working day in the Company. The reason that he has cited is that the fever was due to the rupture of the plate that was fixed in his thigh and that he needs to undergo a surgery ASAP after which he will need to be on bed rest for 3-6 months.
The employee also mentioned that he is willing to pay his one month's salary in lieu of his notice period (as per the clause given in his appointment letter) as he isunable to serve the required notice period due to health conditions. However we had already processed the salary for the month of July on the 31st itself for all the employees including him and since 1st Aug he has not been coming to office so we are unable to recover the same from him.
My query is...Can we demand for a medical letter from the employee and consider this case as Force majeure and waive off the notice pay as well? if so, are there any other details that we should demand from the employee other than the medical letter?
OR
Should we ask the employee to pay back the Company his one month or half month salary in lieu of his notice so that this case doesnot set any precedence to the other existing employees.
Kindly advise what will be the best practice.
Looking forward to your valuable guidance.
Thanks,
Mia
I am working as a HR in an IT firm and have a query with respect to Force majeure.
One of my colleague was unwell during the last one week in July end and had availed Sick leave for the same, he returned back to office on 31st July but was still unwell. Again from 1st August he did not turn up for work and had intimated the LM about the same. On 3rd August we received a resignation email from him where he has stated that he will not be able to fulfill the one month's notice as per the contractual requirement due to his illness and that he wants us to consider 31st July as his last working day in the Company. The reason that he has cited is that the fever was due to the rupture of the plate that was fixed in his thigh and that he needs to undergo a surgery ASAP after which he will need to be on bed rest for 3-6 months.
The employee also mentioned that he is willing to pay his one month's salary in lieu of his notice period (as per the clause given in his appointment letter) as he isunable to serve the required notice period due to health conditions. However we had already processed the salary for the month of July on the 31st itself for all the employees including him and since 1st Aug he has not been coming to office so we are unable to recover the same from him.
My query is...Can we demand for a medical letter from the employee and consider this case as Force majeure and waive off the notice pay as well? if so, are there any other details that we should demand from the employee other than the medical letter?
OR
Should we ask the employee to pay back the Company his one month or half month salary in lieu of his notice so that this case doesnot set any precedence to the other existing employees.
Kindly advise what will be the best practice.
Looking forward to your valuable guidance.
Thanks,
Mia