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Hello Guys ,

Good day !

Please help me an employee went on Covid leaves :

1- He is still on leave from past 1.5 months
2- He has shared times his positive report stating he got re infected thats why he went to his home town rajasthan .
3- We are asking him to join office verbally and shared him below email for which he relpied the same
4- can anyone help what is the reply we can share as he states lockdown is there till 24th in rajasthan , but business operations cannot be ignored as his role is imp working on mis profile
5- Our company is freight forwarders and act as an custom house agent


Mail shared

HR Email Dear Mr X,


It has been brought to our notice that after subsequent verbal reminders you were supposed to resume back to duty .

This act of your as mentioned above constitutes misconduct as per the Standing Instructions of the task. Therefore, you are hereby required to give your written explanation as to why suitable action should not be taken against you for the said misconduct.

Your written explanation should reach us within 48 hours of receipt of this notice.

Employee Reply

Dear Mam,

With due respect I would like to say that, first of all sorry for the inconvenience caused to you, as I was Covid Positive from 10th April, 2021 and the reports were subsequantly shared to HR. I was tested Covid positive for three times, I shared my reports to hr on 11th April, 23rd April and 26th April,2021 when I was tested positive and a verbal conversation with hr on 7 th May when I was tested negative.
Due to Covid, I had a severe issue of breathing and a high fever for almost one month, thats why I had to leave for Rajasthan, as there was no one to take care of me during that time. I spent one week in quarantine centre in Rajasthan and then went to my home. Now when I was fully recovered from Covid 19 and wish to start the duty again as per the verbal conversation done with hr, but after that full lockdown had imposed in whole Rajasthan till 24th May, 2021 due to this, movement of transportation from one state to another is not allowed. As I was not aware of this full lockdown imposed in Rajasthan, otherwise I will be resumed office from 8th or 9th May, 2021 positively.
Once again, I am feeling sorry for the inconvenience caused to you and the office due to my absence. I will make sure to you that I will join the office near 24th May,2021, as I have no source of conveyance from which I used to reach Delhi now.

Kindly suggest me the favourable solution.
Hoping for a favourable response from your side.

From India, Delhi
KK!HR
1534

You have to tell him to submit a copy of the Rajasthan government order extending the lockdown till 24th, May if you are unable to verify the claim independently.
As freight forwarders, it shall be possible on your part to assign him to work from home, if not his assigned work, give him to chase the overdue payments or let him try to chase missing consignment, etc. but make it very clear that the payment of salary for this period would depend on his performance in this assignment.

From India, Mumbai
Dear Shruti,

The COVID-19 pandemic, especially the second wave of the pandemic, is a major disruptor of all facets of life. The infected patients who did not have significant symptoms were told to take the rest at home. Many could not visit the hospitals as the doctors or the entire medical fraternity was overstretched, and they were unable to attend to the patients with minor symptoms. Against this backdrop, I recommend handling the case with empathy.

You have provided us with an account of the exchange of the information that has taken place between your company and the employee. Overall, the employee was in touch with the company. He was not incommunicado as such. Nevertheless, the employee has written:

Due to Covid, I had a severe issue of breathing and a high fever for almost one month, that's why I had to leave for Rajasthan, as there was no one to take care of me during that time. I spent one week in a quarantine centre in Rajasthan and then went to my home.

This means the employee travelled to Rajasthan even though he was infected with COVID-19. Please seek clarification from the employee on this. How did he travel? Who allowed him to travel? How come his infection went unnoticed?

If the employee was infected with the COVID-19 disease, then what support your company provided to the employee? Why did he have to travel to Rajasthan as nobody was there to take care of him? If it is your company's failure, then it also merits investigation.

Your problem is that when the employee was unfit, the transport facility was on, and when he became fit to travel, then he says that he is unable to travel due to lockdown. Have you verified his claim? The trains of the Indian Railway are still running. Can he have the rail travel?

Once again, I reiterate to be empathetic with the employee. Suspiciousness has no room. With so many infections happening, the discontinuity in the business operations was obvious. Let him join his duties on 24th May, give the employee the benefit of the doubt, and you may close the case.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Sir ,

Thanks for the guidance but employee has not provided any information regarding his travel to rajasthan , and we were in regular touch with the employee and he also didn't informed that he is facing any such issue related to any support he said once he will be fine he will join office .

From India, Delhi
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