Ms. Hema,
you cant get any more good thoughts given by Mr. kamal, Ambattur & shah. they gave perfection. some other's thoughts also considered.
in this case you cannt retain him. so you have to write him to, appreciate for his invaluable contributions to your company. let him to understand about the present situation in your company the issue around him.
Inform him that the HR desk and management will consider him when he applying with the company later, after when he will be fit.
If all these techniques failed to solve the problem.
Finally you can ask him to produce a fitness certificate to continue his services with your organisation. if he did so,
1, he might lied.
2, certificate may be lie or false,
If he could not produce the certificate in time. send him a retrenchment letter with 3 months salary with his accptance. if he not willing to admit, go through the legal advisor of your company and inspector of labour.
Ravi.S.S
From India, Madras
you cant get any more good thoughts given by Mr. kamal, Ambattur & shah. they gave perfection. some other's thoughts also considered.
in this case you cannt retain him. so you have to write him to, appreciate for his invaluable contributions to your company. let him to understand about the present situation in your company the issue around him.
Inform him that the HR desk and management will consider him when he applying with the company later, after when he will be fit.
If all these techniques failed to solve the problem.
Finally you can ask him to produce a fitness certificate to continue his services with your organisation. if he did so,
1, he might lied.
2, certificate may be lie or false,
If he could not produce the certificate in time. send him a retrenchment letter with 3 months salary with his accptance. if he not willing to admit, go through the legal advisor of your company and inspector of labour.
Ravi.S.S
From India, Madras
Hello,
You can terminate the employee only if he will not be able to perform in future or medically unfit to do his duties. You should have proof for the same. If there you can terminate the employee legally.
Ajay Padnekar
+91 9618626888
From India, Bangalore
5You can terminate the employee only if he will not be able to perform in future or medically unfit to do his duties. You should have proof for the same. If there you can terminate the employee legally.
Ajay Padnekar
+91 9618626888
From India, Bangalore
Dear Respective,
The reply made by Nivedita, Adarsh, Kamal Kant, Archna and V.Sri are appropriate & informative, thanks a lots. On the background of illness the employer cannot terminate. There has special provision under the factory act, industrial dispute act, maternity benefit act that employer could not be terminate the employee on the background of illness. It might be possible to stop payment of those unworked period. If the employee have complete document for proof of illness/sickness in which he/she has to advise by doctor for bed rest or so. If employee get terminated in this case would go for legal aspect. For critical illness employee is liable to get leave without information but within 10 days should need to inform the company by his family regarding the situation of employee's absent. If employee is on continues leave for more than 2 month without information then employer will send the show cause notice to such employee address for demand of reply for cause of absence within 10 days of issue of notice. If employee replies is satisfactorily and having proof of document for absence then neither in any way employer shall have to terminate the employee on background of illness.
Thanks & Best Regards:
From India, Hyderabad
The reply made by Nivedita, Adarsh, Kamal Kant, Archna and V.Sri are appropriate & informative, thanks a lots. On the background of illness the employer cannot terminate. There has special provision under the factory act, industrial dispute act, maternity benefit act that employer could not be terminate the employee on the background of illness. It might be possible to stop payment of those unworked period. If the employee have complete document for proof of illness/sickness in which he/she has to advise by doctor for bed rest or so. If employee get terminated in this case would go for legal aspect. For critical illness employee is liable to get leave without information but within 10 days should need to inform the company by his family regarding the situation of employee's absent. If employee is on continues leave for more than 2 month without information then employer will send the show cause notice to such employee address for demand of reply for cause of absence within 10 days of issue of notice. If employee replies is satisfactorily and having proof of document for absence then neither in any way employer shall have to terminate the employee on background of illness.
Thanks & Best Regards:
From India, Hyderabad
in spite of helping the employeee, management what to terminate him. is it justified. if there is need of person they can keep the another person for the time being. Hari chand
From India
From India
Terminating an employee for his illness cannot be warranted. You can ask him to come to office to provide necessary papers in support of his claim of sickness. You can also examine him by your company's medical practicioner or a qualified doctor.
Upon seeing the report only then you can propose anything. If your management is adament in terminating him and you also follow their advise, then be prepared to face Legal consequences.
Balaji
From India, Madras
Upon seeing the report only then you can propose anything. If your management is adament in terminating him and you also follow their advise, then be prepared to face Legal consequences.
Balaji
From India, Madras
Dear Hema,
Often it has been found that an employee proceeds on leave using his sickness as a tool to substantiate his illness. It may be genuine sometime and on the other hand it may be for any other reasons i.e. alcoholism etc.
Now being in HR we have to tackle the said problems as continuous absenteeism leads to an overall adverse effect in the relevant department.
Initially try to find out from other employee and verify his past records. If he is a chronic absentee then send him a letter asking for his medical records. Kindly see that he produces the record from the Registered Medical Practitioner i.e. a MBBS doctor or a MD doctor. The history will itself depicts the true story of his illness. Even there remains a doubt about his certificate then refer him to a medical board and get him examined.
If the medical board certifies him to be fit then first register a complaint against the doctor issuing medical certificate with Medical Bar Council. Ask the employee to join immediately clearly stating that his leave is not sanctioned and he has to report for duty immediately.
If he does not report for duty then issue a chargesheet and hold a domestic inquiry and then terminate him.
This advise pertains to employee who is guided by the terms and conditions of employment and Standing orders. i.e. Unionised employee.
For an employee who is in the executive cadre and who is guided by the terms and conditions of employment then issue him a termination letter in terms of clause of the employment offer with one months notice pay.
Hope the above will satisfy your query.
Jaikishen Kumtekar
9967542262
From India, Mumbai
Often it has been found that an employee proceeds on leave using his sickness as a tool to substantiate his illness. It may be genuine sometime and on the other hand it may be for any other reasons i.e. alcoholism etc.
Now being in HR we have to tackle the said problems as continuous absenteeism leads to an overall adverse effect in the relevant department.
Initially try to find out from other employee and verify his past records. If he is a chronic absentee then send him a letter asking for his medical records. Kindly see that he produces the record from the Registered Medical Practitioner i.e. a MBBS doctor or a MD doctor. The history will itself depicts the true story of his illness. Even there remains a doubt about his certificate then refer him to a medical board and get him examined.
If the medical board certifies him to be fit then first register a complaint against the doctor issuing medical certificate with Medical Bar Council. Ask the employee to join immediately clearly stating that his leave is not sanctioned and he has to report for duty immediately.
If he does not report for duty then issue a chargesheet and hold a domestic inquiry and then terminate him.
This advise pertains to employee who is guided by the terms and conditions of employment and Standing orders. i.e. Unionised employee.
For an employee who is in the executive cadre and who is guided by the terms and conditions of employment then issue him a termination letter in terms of clause of the employment offer with one months notice pay.
Hope the above will satisfy your query.
Jaikishen Kumtekar
9967542262
From India, Mumbai
Dear Hem,
As V.Sri said U have to examine your leave rules readwith Standing Orders whether such leave is permissible as per your service conditions. You may also, as an extra precaution ascertain thro' some sources whether his illness genuine or otherwise. If the information collected is diff. you may as well issue a notice to report for duty within reasonable time, if not, ask him to appear before duly constituted medical board. Then consider next course of action. Before a termination decision/process is initiated, you have to carefully exhaust all reasonable avenues to justify the termination process. In otherwords plug all legal loopholes which are likely to go against your termination action and prove yourself how his absence in the orgn.affected your operations seriously and why u r pushed to initiate termination and seek a replacement to fill the void created by him. But still, also exmine from the point of view of compensation which is likely to arise.
Kumar
Bg.
From India, Bangalore
As V.Sri said U have to examine your leave rules readwith Standing Orders whether such leave is permissible as per your service conditions. You may also, as an extra precaution ascertain thro' some sources whether his illness genuine or otherwise. If the information collected is diff. you may as well issue a notice to report for duty within reasonable time, if not, ask him to appear before duly constituted medical board. Then consider next course of action. Before a termination decision/process is initiated, you have to carefully exhaust all reasonable avenues to justify the termination process. In otherwords plug all legal loopholes which are likely to go against your termination action and prove yourself how his absence in the orgn.affected your operations seriously and why u r pushed to initiate termination and seek a replacement to fill the void created by him. But still, also exmine from the point of view of compensation which is likely to arise.
Kumar
Bg.
From India, Bangalore
in case an employ is deliberately doing so by giving false medical certificate, an employer can constitute his own medical board and declare him unfit for discharging his duties. Employer have to make valid groun for doing so, based on prescription of doctors who have attended him, his nature of illness etc. If employer can justify in the court of law that he physically unfit for discharging his duties in near future and he can not afford financial loss to his company,the challenge of employee for nis retrenchment ,in court of law , can be quashed.
From India, Calcutta
From India, Calcutta
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employment termination justified in case of long leave.pdf
Call for written explanation for Taking long leave by giving False Reason.doc
Karnataka Leave.xlsx