One of our employees met with an accident in September 2020. He has been in a coma since that time. Management had granted him special leave, which ended in August 2022. However, he is still unable to return to work. For a medical-based premature retirement, the employee's signature is usually required on the necessary forms. In this situation, the employee is unable to sign the paperwork due to his condition. His wife, daughter, or both are inquiring whether it is legally permissible for them to request his premature retirement on medical grounds. They are wondering if there is any provision in the law that allows for his wife to apply for his retirement based on medical reasons.
From India, Vadodara
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2From India, Vadodara
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This is a special situation. I personally feel bad for the employee and the family. Ultimately, if the employee is unable to sign, then his wife may apply for premature retirement where the daughter should be a witness. Please check the nomination status of PF & Gratuity. If the nomination is not in the name of the wife/daughter but instead in the employee's parents' or any other related person's name, then it will be essential to involve them to avoid any future complications.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions
From India, New Delhi
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S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions
From India, New Delhi
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Compassionate Employment: Current Position
1. Compassionate appointment is not a statutory right; it is provided in the rules of the establishment as an exception to the general rule of offering a chance to all eligible interested candidates.
2. Permanent total disablement (as in this case) qualifies for compassionate appointment.
3. Compassionate appointment must be considered on an immediate basis to help the family overcome the loss in earnings. Delay weakens the case.
4. A daughter is also entitled to a compassionate appointment. The earlier view that a daughter is not entitled has been overturned by the court.
Based on the above principles, this appears to be a suitable case to exercise discretion and allow a compassionate appointment. Between the mother and daughter, whoever is better suited to your requirements should be considered.
From India, Mumbai
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1. Compassionate appointment is not a statutory right; it is provided in the rules of the establishment as an exception to the general rule of offering a chance to all eligible interested candidates.
2. Permanent total disablement (as in this case) qualifies for compassionate appointment.
3. Compassionate appointment must be considered on an immediate basis to help the family overcome the loss in earnings. Delay weakens the case.
4. A daughter is also entitled to a compassionate appointment. The earlier view that a daughter is not entitled has been overturned by the court.
Based on the above principles, this appears to be a suitable case to exercise discretion and allow a compassionate appointment. Between the mother and daughter, whoever is better suited to your requirements should be considered.
From India, Mumbai
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It is not clear to me why our friend, Mr. KK!HR, brings compassionate grounds appointment into the complicated and painful situation while the ailing employee is still alive.
It is also not clear from the post whether the employee is a 'workman' under the Industrial Disputes Act, 1947. In this case, the employer can terminate the services of the employee on the grounds of continued ill-health based on a certificate from a competent Medical Board. The employer would then pay the family ex-gratia equivalent to retrenchment compensation along with other statutory dues. In any other case, it is a matter of the employer's discretion and the family's willingness.
Regarding Mr. KK!HR's proposition, in Government Service, medical invalidation of an employee enables the appointment of a qualified family member of the invalidated employee for compassionate grounds appointment.
From India, Salem
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It is also not clear from the post whether the employee is a 'workman' under the Industrial Disputes Act, 1947. In this case, the employer can terminate the services of the employee on the grounds of continued ill-health based on a certificate from a competent Medical Board. The employer would then pay the family ex-gratia equivalent to retrenchment compensation along with other statutory dues. In any other case, it is a matter of the employer's discretion and the family's willingness.
Regarding Mr. KK!HR's proposition, in Government Service, medical invalidation of an employee enables the appointment of a qualified family member of the invalidated employee for compassionate grounds appointment.
From India, Salem
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Dear Citehr Member Sh. Naresh Rana, The opinions expressed by Shri S.K. Bandyopadhyaya and Shri Umakanthan are relevant to the context of the query. The question pertains to premature retirement on medical grounds being asked by the wife/daughter of the employee who has been in a coma for about two years. I may be permitted to add that:
There is no information as to whether the employee has been declared permanently irrecoverable/medically invalid. There have been cases of recovery even after two years. Therefore, it would be prudent and necessary to obtain a permanent medical invalid certificate from the concerned Medical Authority, e.g., ESI or MS of a Govt. Hospital, or a Medical Board of a Govt. Hospital. In addition to this, the family members (including valid nominees) have to give an undertaking and indemnity bond that they would not stake any type of claim against the company in the future, including compassionate appointment and re-employment of the employee in case he fully recovers, by the grace of God, for which I personally pray for him.
With regards and prayers for the family in distress.
Regards, Chandra Mani Lal Srivastava
Master Consultant - HR/IR
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
New Delhi/Monday/6:17 p.m.
From India, New Delhi
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There is no information as to whether the employee has been declared permanently irrecoverable/medically invalid. There have been cases of recovery even after two years. Therefore, it would be prudent and necessary to obtain a permanent medical invalid certificate from the concerned Medical Authority, e.g., ESI or MS of a Govt. Hospital, or a Medical Board of a Govt. Hospital. In addition to this, the family members (including valid nominees) have to give an undertaking and indemnity bond that they would not stake any type of claim against the company in the future, including compassionate appointment and re-employment of the employee in case he fully recovers, by the grace of God, for which I personally pray for him.
With regards and prayers for the family in distress.
Regards, Chandra Mani Lal Srivastava
Master Consultant - HR/IR
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
New Delhi/Monday/6:17 p.m.
From India, New Delhi
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Thank you very much, Sir. The employee is in a permanent coma stage, and there is no chance of recovery. However, a medical certificate and a form from his family are required for any future conditions, as stated above. I will convey your opinion to our HR department.
From India, Vadodara
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From India, Vadodara
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