sujeet_rajawat
27

Dear Vidhi
This is really a brainstorming situation, All suggestions made above are great and worth implementing. I want to add one more thing into it that see if there is any member in family who can do the job at any suitable position in your organisation as this will be a great help to the family.

From Nigeria, Lagos
Vidhi18
1

Hi,
I am not saying that he has to be fired. We got him cashless medical benefit and company paid for entire treatment. Now my concern is till when do we have to wait. I need a solution that is humanitarian as well as good for company.

From India, Mumbai
Punya99
Dear Vidhi18,

This is my own experience. I am a Sri Lankan living & working in SL. We have gone through a large episode of atrocities due to terrorism that disturbed the civilian lives and hopefully it is over now.

A decade ago, a fellow worker in my company got caught in a bomb explosion and was in a similar condition. Our management team had to take decisions with a clear focus on the future as at that juncture, it was sure that we would have similar situations in the future as the environment in SL was so.

We decided to make our decisions on this employee on an yearly basis thus it would not hurt the sentiments of our staff. He was one of the longest standing employees of the company and we had to be careful in handling his case.

As per the doctors who treated him, there were 40% chances for him to recover. He at the beginning had complete loss of memory.

As a company, we took measures to face future situation by insuring all our staff. As the time went by, staff's attitude also gradually changed towards this situation and it was a practical case for us to see how the intensity of the impact was reducing.

By the second year, we created a fund for volunteer contributions and we were planning to carry on for 05 years maximum with this employee as we would not be able to continue forever. This decision was not perceive harshly by the fellow employees and to our surprise and joy our friend recovered in the second year. He is now back in the fold and the actions that we took were never considered to be bad and in fact it was appreciated not by all but by the large majority.

I left this company few years ago but I know that the volunteer fund that we created is still continued by the staff and converted in to a benevolent fund. I feel that it was a good thing we learned out of some bad experience.

Also, time brings you solutions that you would not be able to formulate just as things happen, but definitely as you go along.

Hope my experience would help you in some way to formulate a solution for your problem as well.

Punya

From Sri Lanka, Panadura
Drkumar
18

Dear vidhi,
there are many suggestion may helpful for you and your company. but you did not tell situation about your employee like designation, gross salary etc.
if he is covered under esi act than he can get pension from same department.having filled up Form-12 (before it was 16).
thaks.

From India, Calcutta
Drkumar
18

Dear vidhi,
there are many suggestion may helpful for you and your company. but your did not tell situation of your employee like designation,gross salary etc. if he is covered under ESI act he can get the pension from same department. having filled up Form-12 (before it was form-16).
thank you.

From India, Calcutta
rameshbashyam@yahoo.com
22

Hi vidhi,

as posted by one of our HR mates, did this occur during the course of duty or off duty? take this into consideration.

also check his family and financial background and discuss with his family. if you have someone in his family who can be accommodated in the job, till alternative arrangements are made, then go with it.

However, as a matter of precaution you can, if you are hiring someone from his family, have an agreement that he/she will be in employment only till such time that this person has not recovered. Once this person returns to full working capacity then a call will be taken on that.

also look at the accident from a business point of view. (how valuable was his role in the organisation. was it an accident or sabotaged by any of his rivals or your competitors. don't want to sound like a detective, but no harm in looking at this angle !). also try to work with him/his family to get his memory restored at the earliest. I guess the sooner the better.

I suppose the rest of the employees should, from this incident, know that the company is caring for them and their family (till alternate arrangements are made)

there are no hard and fast rules. you can take this case as an example, frame new rules and share it with us, so that others can take this up further. it's Continual improvement program and work-in-progress

From India, Madras
jeevika.dang
Hello Ma'am...
All the suggestions were too good..
But I would suggest that if you want the company' work unaffected then you can give employment any of his relative(daughter or son) or wife(after checking their credentials) and side by side give a fixed amount as per cos. policies to him ....

From India, Delhi
rsankara
There are two perspectives to this situation - one from the employee / humane perspective and one from the organization stand point. From an organization standpoint the employee can be sent for a detailed medical examination and any decision to terminate his services based on this. Irrespective of any actions based on the medical report, the organization should help the individual from a humane perspective irrespective, treating the employee as a member of its family and providing financial and moral support. The action plan should be dependant on the values of the organization. (I agree with Ketan Kokil).

Dakshina murty
13

Dear
It's a rare case , happens any where . It has got two dimensions .
One is human face other one is company's liability on such persons.
You can try out through critical illness cover extended by some insurance comapnies at extra premium to set him right, or counsel him through psychriatists to have normal life for him , however, family's obligations needs to be taken care while giving such medical assistance.
B.Dakshina murty

From India, Hyderabad
vreddyravula@gmail.comsri
3

Hi
It's a case of no charity! There are rules and employment contract! Above all these Empathy should be the watch word!
The employee is entitled for some compensation and if company permits a suitable to job to his spouse or one of his offspring(if willing and eligible).

You need not keep him as he will be a burden to company because his contribution will be near to zero. and the costs involved in carrying him will be more.

So check the rules and workmen compensation act and settle his ELs,Leave Salary,Gratity and other terminal benefits and also the cost of treatment for a reasonable number of months because th injury leading to loss memory is during the course of employment.

He can be retired or removed from the rolls on medical grounds but it must be after following the procedure laid out in the law as well within the ambit of the employment contract. in many reputed organizations one of the family members are given job on compassionate grounds and if the spouse is qualified and un employed she may be preferred other wise one of the children if eligible andqualified can be appointed. In case, the spouse is not willing to take up job or is already employed, one of the children can be given the opportunity. If the children are underaged or still studying, a promise to give job in writing can be given so that once the child completes studies, he or she may be given a job befitting the qualification and expected utility to the companya.

if your company is a startup or a not so reputed or big company, calling the family members and explaining them about the circumstances to dispense with his services and bargain for the terminal benefits amicably. There ends the matter.

But workmen compensation act must be referred first and conxtract employment shoule be referred to as well before taking a decision.

From India, Hyderabad
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