Dear Smita,
Your company have no HR.That means you are not from HR.So why you taking pain/interest??????? you are from management??? I don't understand what is your role?? I think verbal decision is main rules/norms/sop of your company.
So enjoy...... don't post such type of imagine story
Dada

From India, New Delhi
Dear Dada,
Neither I am HR of this company nor I am form management. I am a consultant working in this company on my company's behalf. and for ur information this is not any imagine story.
Smita

From India, Guwahati
Dear Smita,

No company wants to bear losses in the absence of somebody they have to search for the alternative to fulfill the vacant job to get the work done

After 2.6 months sick leave why management don’t want that employee to join back may be because of following reasons:-

1) Cost cutting

2) They develop and have alternative of that employee and satisfy with them

3) They don’t want two professionals for one job

4) They afraid for there (sick employee) future illness or treatment

5) May be they were not satisfied with that person and now they have alternative

Above is all about company side.

Let me talk about employee side.

1) If the employee is on approved leaves then no body refuse his/her rejoin – he may take legal action.

2) Employee may discuss the matter with the management with all reports along with fitness certificate and get it solve the issue.

3) He must have proof of his/her approved leaves before discussing with the management or taking any legal action

Hope this will help you.

Regards

Pankaj Chandan

From India, New delhi
On noticing the details of the case, no company can send an employee out after he is joining from sickleave (in the case).
Unless, if the company put specific conditions in the letter that it can terminate without assigning any reason, it can do so.
what i feel is the employee may discuss in an amicable way with the employer and if it fails, a suitable and appropriate approach can be made by the employee to file a complaint against the employer with labour commissioner of particular jurisdiction.
KB

From India, Madras
Hi friends,

Even though it is a cost cutting process what is the message we are giving to the employee in specific and others in general. Mrs. Smitha is confirming that the employee under went a surgery and it is a genuine and the information is passed on and to that extent he is producing the certificates, if that is the reality it is in-human on the part of HR / management. We should allow him to work and over a period of time slowly you have to communicate.

The second point is that if it is part of cost cutting, is this employee is the last to join as the process is that the employee joined in the last has to go first if not it is going to be an issue, if the employee raises the issue.

Now the recession time hence the management can take decisions left, right and centre but the employees will remember this acts very well and when the opportunity comes they will also follow the same game. In this context I request all the HR facs need to be very careful and suggest the management accordingly failing which we and the management has to face the music, specifically on the part of un-ethical things.

Regards - kameswarao.

From India, Hyderabad
Thanx a lot to mr pankaj and KB.
i got ur points . I will ask the employee to talk to the higher authority. It may help him from being retrench.
mr chandan i really appreciate your ideas and ways of assessing the reasons from both side. being a good friend of that fellow i was not able to see the reasons for a company .
thanx agian to all .
smita

From India, Guwahati
Yes. I truly agree with Mr. kameswarao and when I mentioned Hr bridges the employee - Company relations.
It does not seem to be a case of cost cutting to me as the employee is a project manager and with the company for such a long period.
But again, I feel that we as an HR professional at times tend to get over sensitive towards employee issues and forget he fact that we too are employees of the organisation and need to work towards organisational development and not just employee relations.
Most of the times taking a call between these two may get tough but the essence is in, no matter whose side you take, you need to resolve the issue in the best possible way.

All I will suggest you is keep everything recorded from both the parties and do exactly as instructed since you are not a direct employee of this organisation. Try to discuss this with the consultancy head who has deployed you(Keeping in mind not to disclose company info.)

From India, Bangalore
Dear Smita
I really dont think this is about his Sick Leave, unless he has a history of Medical problems or frequent illness, also please check the genuineness of the Doctors fitness certificate
For me you need to gather certain facts and build a case to present in front of the Management
One with why he/she should be in the Organisation
1. Contribution
2. Commitment
3. Performance
4. Relevant Skills & Expertise...
5. Client or Customer feedback
&
Second why he should be not
1. Missing Deadlines
2. No significant Contribution
3. Attitude issues / cultural misfit
4. Average/ below Avg Performance
5. No work
Once Management makes a decision Reason it out with the Employee, with the substential data you have
Also look if there is a way of giving him another opportunity. since u hired him/her there definitely must be something good about him/her
Regards
Rahul Deokar


dear miss smita,
if the emp is presenting the proof of his illnes/medical certificate of esic (if applies) then u r bound to take him back on the job otherwise he/she may moove to legal process and he prooves that he is not wrong then.....................................
with regards
rajesh chauhan

From India, Gurgaon
Dear Smitar,
One fact has came in light that the person has gone thru several operations and management worried about his works and they dont want to create any types of disturbance like as he would like to go for routine check up and consume some times.
I think you management is very crual,they have no humanity,you should advised them that the person have fitness certificate and he can claim for rejoining.
Please give my number to him,i will advocate on the basis of social help,i will bear all cost of court fee etc,please tell him we everybody are with him to support.
I have a good contact with Honourable labour minister Kamalnath ji and i personny request for him.i also have allover India a good contact with labour commissioners of all states.
Best bear on the ground of social help,i understand that you have no HR-dept,but you think from your heath that God is with everyone.
Allah help to all persons,Inshallah.
Best Regards
Sajid

From India, Delhi
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