Dear sirs,
In our organization, one person is working. He is 52 years old and has been working for more than 10 years in our organization.
Three months ago, he suffered a heart attack at his home and has not been able to come on duty for the past 3 months.
He has now returned, but his job involves physically demanding work which he is unable to perform due to his medical condition. He is not medically fit for this role.
In this situation, what can we do? How can we find a suitable job for him? He wishes to continue working, but our doctor advises that it is very dangerous and not recommended. A heart attack during duty hours is also considered an industrial accident. This has caused confusion for our management.
Please provide us with proper guidance on how to proceed.
Thanks and Regards,
S. Chandrasekar
9677715002
From India, Tiruchi
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In our organization, one person is working. He is 52 years old and has been working for more than 10 years in our organization.
Three months ago, he suffered a heart attack at his home and has not been able to come on duty for the past 3 months.
He has now returned, but his job involves physically demanding work which he is unable to perform due to his medical condition. He is not medically fit for this role.
In this situation, what can we do? How can we find a suitable job for him? He wishes to continue working, but our doctor advises that it is very dangerous and not recommended. A heart attack during duty hours is also considered an industrial accident. This has caused confusion for our management.
Please provide us with proper guidance on how to proceed.
Thanks and Regards,
S. Chandrasekar
9677715002
From India, Tiruchi
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Your apprehensions are very clear: you cannot afford to employ a person with 10 years of service but would like to avoid him and place a trainee-like employee, paying a low salary. You are seeking opportunities by stating that his work involves heavy risks, and if something happens to him during employment, you will be under pressure to pay compensation, and so on. You want to get rid of these issues.
Now, you can assign him lighter duties, transfer him to other areas where he can work without strain. You may have some roles that are lighter and typically meant for women (I am aware that women are capable of any work, as they are highly empowered). You can transfer this person to such a position.
A heart attack that happens at home is not necessarily an accident arising out of employment. If you have stressed the employee, and due to work pressure and stress, he suffers heart failure at home, that can also be considered an accident under the Workmen's Compensation Act, making you liable for expenses and compensation. Conversely, if he has a heart attack at the workplace, and it is established that it has nothing to do with work pressure, you are not obligated to provide compensation.
In this case, the only solution available is to find an alternative job for him and accommodate him in that role.
From India, Kannur
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4483Now, you can assign him lighter duties, transfer him to other areas where he can work without strain. You may have some roles that are lighter and typically meant for women (I am aware that women are capable of any work, as they are highly empowered). You can transfer this person to such a position.
A heart attack that happens at home is not necessarily an accident arising out of employment. If you have stressed the employee, and due to work pressure and stress, he suffers heart failure at home, that can also be considered an accident under the Workmen's Compensation Act, making you liable for expenses and compensation. Conversely, if he has a heart attack at the workplace, and it is established that it has nothing to do with work pressure, you are not obligated to provide compensation.
In this case, the only solution available is to find an alternative job for him and accommodate him in that role.
From India, Kannur
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Dear Chandrasekar,
In such a matter, you can go with the Voluntary Retirement Scheme (VRS) option. As stated by you, he is 52 years old and has completed more than 10 years of service, therefore he is eligible for VRS. Other options for termination and forced resignation are also available, but ethically and morally, it does not sound good. Therefore, I suggest you please go with VRS.
From India, Mumbai
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In such a matter, you can go with the Voluntary Retirement Scheme (VRS) option. As stated by you, he is 52 years old and has completed more than 10 years of service, therefore he is eligible for VRS. Other options for termination and forced resignation are also available, but ethically and morally, it does not sound good. Therefore, I suggest you please go with VRS.
From India, Mumbai
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Dear Chandrasekar,
His continuance in the job with such an acute heart problem may endanger himself and others at any time. If you are not in a position to give him any other alternative job, you may refer him to a Medical Board. Upon its negative findings, if any, you can simply terminate his services on the ground of medical invalidation. However, in such a critical juncture, effective HR practice would demand compassion rather than a swift decision within the legal parameters. Therefore, please consider any one of the options suggested above by our learned members. After all, charity begins at home!
From India, Salem
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His continuance in the job with such an acute heart problem may endanger himself and others at any time. If you are not in a position to give him any other alternative job, you may refer him to a Medical Board. Upon its negative findings, if any, you can simply terminate his services on the ground of medical invalidation. However, in such a critical juncture, effective HR practice would demand compassion rather than a swift decision within the legal parameters. Therefore, please consider any one of the options suggested above by our learned members. After all, charity begins at home!
From India, Salem
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In a sympathetic but legally correct manner, ask for medical documents. Have them examined by company doctors, and if the employee is deemed unfit for their present job, consider offering them a lighter job (if recommended by the doctor in writing).
If no suitable alternative is found, then providing Voluntary Retirement Scheme (VRS) could be an option.
From India, Pune
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If no suitable alternative is found, then providing Voluntary Retirement Scheme (VRS) could be an option.
From India, Pune
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Dear Chandrasekhar,
Having a heart attack is not of his making, whether the cause is at the workplace or home. Providing him with lighter duties, considering his 10 years of service, would send him the message that he is still valued and useful, especially if he is the sole breadwinner.
If this is not feasible, as an alternative suggestion, offering him voluntary retirement along with employment for one of his relatives would be a kind gesture.
Regards,
Vinayak Nagar kar
HR Consultant
From India, Mumbai
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Having a heart attack is not of his making, whether the cause is at the workplace or home. Providing him with lighter duties, considering his 10 years of service, would send him the message that he is still valued and useful, especially if he is the sole breadwinner.
If this is not feasible, as an alternative suggestion, offering him voluntary retirement along with employment for one of his relatives would be a kind gesture.
Regards,
Vinayak Nagar kar
HR Consultant
From India, Mumbai
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To make things clear, a heart attack could take place either at work, at home, or anywhere in between. Your liability does not cease if the heart attack takes place outside the work area. As pointed out by the learned Shri Madhu Sir, your liability would depend on whether the heart attack was caused due to the stress and strain of work, be it at the workplace or outside.
Now comes the question of retaining him in employment. Obviously, he is unfit to do the work he was earlier doing. From the description of his nature of work as physical, he has become of less worth to the organization, and it appears it is decided to terminate his services. But he may be in trying circumstances and would like to keep the employment. As suggested by learned brothers, can you not redeploy him elsewhere, say in the office as a Peon or servitor or some such less physically taxing assignment? If you are able to protect his pay, it will be fine, but otherwise, pay him as per your policy.
If nothing works out, you may constitute a medical board and refer all his papers submitted to you to be considered. He can also be called to appear before the board, and then make an assessment of his medical suitability for being retained. In case you decide to terminate him, pay him all benefits including gratuity, leave encashment (if any), and any other welfare benefit, treating him to have retired from service prematurely. You can consider giving employment to a family member if anybody is eligible. Please take a sympathetic view and render all assistance.
From India, Mumbai
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Now comes the question of retaining him in employment. Obviously, he is unfit to do the work he was earlier doing. From the description of his nature of work as physical, he has become of less worth to the organization, and it appears it is decided to terminate his services. But he may be in trying circumstances and would like to keep the employment. As suggested by learned brothers, can you not redeploy him elsewhere, say in the office as a Peon or servitor or some such less physically taxing assignment? If you are able to protect his pay, it will be fine, but otherwise, pay him as per your policy.
If nothing works out, you may constitute a medical board and refer all his papers submitted to you to be considered. He can also be called to appear before the board, and then make an assessment of his medical suitability for being retained. In case you decide to terminate him, pay him all benefits including gratuity, leave encashment (if any), and any other welfare benefit, treating him to have retired from service prematurely. You can consider giving employment to a family member if anybody is eligible. Please take a sympathetic view and render all assistance.
From India, Mumbai
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Dear Chandrasekar,
I have the staff's medical report, coupled with the doctor's prognosis and his advice on what nature of work is most suited for the 'associate'. You MUST find an alternate (suitable) position for him. Given that there is no real social security at work in your part of the world, it behooves the employer to engage him. After all, he has a house to run.
Remember, your human capital is your biggest asset.
Hope this helps.
Arif ur Rehman
From Pakistan, Karachi
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I have the staff's medical report, coupled with the doctor's prognosis and his advice on what nature of work is most suited for the 'associate'. You MUST find an alternate (suitable) position for him. Given that there is no real social security at work in your part of the world, it behooves the employer to engage him. After all, he has a house to run.
Remember, your human capital is your biggest asset.
Hope this helps.
Arif ur Rehman
From Pakistan, Karachi
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Dear All, Very very thank you for your valid suggestions. Sorry for delayed reply. Thanks and Regards, S.Chandrasekar GM - operations
From India, Tiruchi
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From India, Tiruchi
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Dear Chandrasekar ji,
All learned members have provided you with good options and inputs. To add to them, I would suggest that your policy should be very firm yet fair. Once you conclude that retaining the employment of such a person will lead to direct or indirect negative consequences for you, it is advisable to let them go. However, it is crucial to ensure that their loss of employment is adequately compensated. You must effectively communicate your decision not only to the individual but also to their family. It is important to explain how their continued employment could be detrimental to their well-being, possibly with the assistance of a doctor's report. Additionally, consider the option of providing employment to one of their family members, as suggested by the esteemed members Nagarkar and KK!HR.
I hope this helps in navigating this situation effectively.
Best regards.
From India, Mumbai
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All learned members have provided you with good options and inputs. To add to them, I would suggest that your policy should be very firm yet fair. Once you conclude that retaining the employment of such a person will lead to direct or indirect negative consequences for you, it is advisable to let them go. However, it is crucial to ensure that their loss of employment is adequately compensated. You must effectively communicate your decision not only to the individual but also to their family. It is important to explain how their continued employment could be detrimental to their well-being, possibly with the assistance of a doctor's report. Additionally, consider the option of providing employment to one of their family members, as suggested by the esteemed members Nagarkar and KK!HR.
I hope this helps in navigating this situation effectively.
Best regards.
From India, Mumbai
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