Dear all,
one of our employee taken leave more than 3 months due to illness and he is asking another 2 months leave. But our management asked me to terminate the employee. kindly explain me the termination process in this case.
From India, Madras
4one of our employee taken leave more than 3 months due to illness and he is asking another 2 months leave. But our management asked me to terminate the employee. kindly explain me the termination process in this case.
From India, Madras
True..
If an employee is on leave on medical grounds and has all the relevant documents to prove, and where he has intimated the same to the Immediate supervisor and the HR, then he is following the right path.
However , still in case if management has to terminate him , they will first have to give him the notice to turn up within a stipulated time period first and then the next course of action will follow.
Thanks & Regards
Nivedita
From India, Pune
If an employee is on leave on medical grounds and has all the relevant documents to prove, and where he has intimated the same to the Immediate supervisor and the HR, then he is following the right path.
However , still in case if management has to terminate him , they will first have to give him the notice to turn up within a stipulated time period first and then the next course of action will follow.
Thanks & Regards
Nivedita
From India, Pune
Get a legal opinion on this....you can not terminate the employee if he has all the documents in place...you can ask him to go on loss of pay as the leaves he was entitled would have already exhausted.....also you can discuss with the employee and terminate him..but for that...his supervisor need to ask him to come to office and should not approve the leaves...once he fails to report to office you can put him under unauthorised absence and terminate him on displinary grounds...but before terminating see if you can get him to resign.
-Adarsh
From India, Gurgaon
-Adarsh
From India, Gurgaon
Dear All,
This is a different scenario altogether. First of all you cannot terminate any employee just for being ill as it is rightly said by Nivedita that the employee is on right path. Even if you will terminate him he will get the reinstatement from the Labour Court. So terminating him straight away is never an option that may only drag the Management into unnecessary litigation, which will lead to Legal Expenses and the Management would end up paying even more.
There is one provision in the Industrial Disputes Act which is given below.
section 2[(oo) “retrenchment” means the termination by the employer of the
service of a workman for any reason whatsoever, otherwise than as
a punishment inflicted by way of disciplinary action, but does not
include—
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of
superannuation if the contract of employment between the
employer and the workman concerned contains a stipulation in
that behalf; or
2[(bb) termination of the service of the workman as a result of the nonrenewal
of the contract of employment between the employer
and the workman concerned on its expiry or of such contract
being terminated under a stipulation in that behalf contained
therein; or]
(c) termination of the service of a workman on the ground of
continued ill-health;]
There is the provision but to invoke this you have to first apply before High Court to get the permission to terminate the employee. Which will refer the employee to a Medical Board, which will examine him and give its report to the Court. if in that report it comes that he is so sick that he is not able to recover in the near future and will not be able to perform his duties normally only then you will get the permission from Court to terminate the employee. In the given case it is only Three months since he is sick. please see whether he is in a position to recover or not. Do not terminate him if he may recover from his illness after two months. Ask him to deposit his Medical Documents and seek medical advice if necessary before choosing any option.
The best option available with the Management is that put him on without pay leave and let him resume services on recovery. Ask him to submit the copies of his Medical Records and Certificate of fitness from the Doctor. you may also ask to provide the medical certificate from doctor during the Period of illness.
Terminating such an ailing Employee is not correct Morally an Legally. We should not support this kind of Labour Practices.
Hope this will answer your Query. for any further query feel free to revert or call me.
From India, New Delhi
This is a different scenario altogether. First of all you cannot terminate any employee just for being ill as it is rightly said by Nivedita that the employee is on right path. Even if you will terminate him he will get the reinstatement from the Labour Court. So terminating him straight away is never an option that may only drag the Management into unnecessary litigation, which will lead to Legal Expenses and the Management would end up paying even more.
There is one provision in the Industrial Disputes Act which is given below.
section 2[(oo) “retrenchment” means the termination by the employer of the
service of a workman for any reason whatsoever, otherwise than as
a punishment inflicted by way of disciplinary action, but does not
include—
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of
superannuation if the contract of employment between the
employer and the workman concerned contains a stipulation in
that behalf; or
2[(bb) termination of the service of the workman as a result of the nonrenewal
of the contract of employment between the employer
and the workman concerned on its expiry or of such contract
being terminated under a stipulation in that behalf contained
therein; or]
(c) termination of the service of a workman on the ground of
continued ill-health;]
There is the provision but to invoke this you have to first apply before High Court to get the permission to terminate the employee. Which will refer the employee to a Medical Board, which will examine him and give its report to the Court. if in that report it comes that he is so sick that he is not able to recover in the near future and will not be able to perform his duties normally only then you will get the permission from Court to terminate the employee. In the given case it is only Three months since he is sick. please see whether he is in a position to recover or not. Do not terminate him if he may recover from his illness after two months. Ask him to deposit his Medical Documents and seek medical advice if necessary before choosing any option.
The best option available with the Management is that put him on without pay leave and let him resume services on recovery. Ask him to submit the copies of his Medical Records and Certificate of fitness from the Doctor. you may also ask to provide the medical certificate from doctor during the Period of illness.
Terminating such an ailing Employee is not correct Morally an Legally. We should not support this kind of Labour Practices.
Hope this will answer your Query. for any further query feel free to revert or call me.
From India, New Delhi
Hi Hema,
I'm sure that you would be in HR department so it is your duty to inform the management that what they are doing is not correct..terminating when employee is sick/ill is illegal.
Mr. Kamal Kant Tyagi mentioned all the necessary information and part of Acts also for your better understanding,so that you can go back to your Management and cease them from doing any such things..
Make sure that in this this case you stand by the employee...
All the best..
From India, Delhi
I'm sure that you would be in HR department so it is your duty to inform the management that what they are doing is not correct..terminating when employee is sick/ill is illegal.
Mr. Kamal Kant Tyagi mentioned all the necessary information and part of Acts also for your better understanding,so that you can go back to your Management and cease them from doing any such things..
Make sure that in this this case you stand by the employee...
All the best..
From India, Delhi
Thankyou verymuch to you all for immediate reply. I checked with my management he is already taken leave in loss of pay for past 3 months. He requested leave for another two months. So management didn't accept the leave and informed him either retun back to job or resign the job but the employee didn't accept the both.
From India, Madras
From India, Madras
Hi,
Kindly do not let employee fall prey to the management practices. Make ur bosses understand the fact that the option which they are giving the concerned employee suits them and not the employee.
he is nt in the position to come to the office and he cannot be forcefully asked to resign either.
Management will have to follow the steps mentioned by kamal kant ji.
Thanks & Regards
Nivedita
From India, Pune
Kindly do not let employee fall prey to the management practices. Make ur bosses understand the fact that the option which they are giving the concerned employee suits them and not the employee.
he is nt in the position to come to the office and he cannot be forcefully asked to resign either.
Management will have to follow the steps mentioned by kamal kant ji.
Thanks & Regards
Nivedita
From India, Pune
Dear Hemavathy,
I dont think employee can be terminated only because of ill health. More over employer cannot approach court straight away for termination of employee.
If You feel the employee is medically unfit to work then you can ask him to appear before medical board for complete examination. If the employee is covered under ESIC such opinion can be easily obtained from the board. Based on the board recommendation you can initiate action against the employee.
More over check your standing order, whether termination of employee based on ill health is specified or not.
If the same is specified then you can take appropriate action based on certified standing order.
V.SRI
From India, Madras
I dont think employee can be terminated only because of ill health. More over employer cannot approach court straight away for termination of employee.
If You feel the employee is medically unfit to work then you can ask him to appear before medical board for complete examination. If the employee is covered under ESIC such opinion can be easily obtained from the board. Based on the board recommendation you can initiate action against the employee.
More over check your standing order, whether termination of employee based on ill health is specified or not.
If the same is specified then you can take appropriate action based on certified standing order.
V.SRI
From India, Madras
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