But understand the problems of Hemavati, she needs to give a workable solutions to her employer and in a competitive business absence of such a longevity is not acceptable since it hampers the services / production.
Thwerefore, the best practice would be to ask the employee appear before the company's doctor or a doctor agganged by the company if the company does not have a panel of doctors and get him examined. Ensure that you have a document with you about the employee making false claim and enjoying leave. Issue a charge sheet based on false claim of sickness, hold an enquiry, ensure that the doctor who examined the employee remains present to depose in the enquiry, record the enquiry proceedings and findings. Follow the process required in the domestic enquiries and impose punishment of termination / dismissal. Remember to highlight absence of employee on false grounds and production of fake documet relating to employment.
the above procedure is required if the emplyee is a workmen, else simply give a notivce of 1/2 months or salary in lieu of notice, based on the trems of employment and issue termination simplicitor. If you are a public sector or Govenment then you need to strictly follow the service / codified rules of the company.
Good Luck,
Ashok Naik
From India, Mumbai
Thwerefore, the best practice would be to ask the employee appear before the company's doctor or a doctor agganged by the company if the company does not have a panel of doctors and get him examined. Ensure that you have a document with you about the employee making false claim and enjoying leave. Issue a charge sheet based on false claim of sickness, hold an enquiry, ensure that the doctor who examined the employee remains present to depose in the enquiry, record the enquiry proceedings and findings. Follow the process required in the domestic enquiries and impose punishment of termination / dismissal. Remember to highlight absence of employee on false grounds and production of fake documet relating to employment.
the above procedure is required if the emplyee is a workmen, else simply give a notivce of 1/2 months or salary in lieu of notice, based on the trems of employment and issue termination simplicitor. If you are a public sector or Govenment then you need to strictly follow the service / codified rules of the company.
Good Luck,
Ashok Naik
From India, Mumbai
It is very near impossible to terminate service of employees unless there are solid and concrete proof of non-performance or bad behaviour. Court case takes 13 years or more to settle and by the time if your witness against the employee dispapears or becomes weak, he gets re-insted with back wages.
That is why China is doing better with flexible labour policy where there is a way out for employer if they want to remove someone for whatever reason. Same is with Brasil, Mexico and other countries which are similar like us but have exit policy. There they have rules to remove workmen with a compensation policy.
Here employer can hire 200 persons but can't sack a single person, without rocksolid proof against that person and legal case gets settled after 13-15 years.
I have seen many cases where employee puts leave but works in other establishment to get some extra money but nothing can be done till you have solid proof.
From India, Surat
That is why China is doing better with flexible labour policy where there is a way out for employer if they want to remove someone for whatever reason. Same is with Brasil, Mexico and other countries which are similar like us but have exit policy. There they have rules to remove workmen with a compensation policy.
Here employer can hire 200 persons but can't sack a single person, without rocksolid proof against that person and legal case gets settled after 13-15 years.
I have seen many cases where employee puts leave but works in other establishment to get some extra money but nothing can be done till you have solid proof.
From India, Surat
If he has taken medical ground falsely/intentionally to get mis advantage then you can follow below procedure
Reject his leave request
ask to produce medical documents of treatment/certificate
instruct him to appear before medical board suggested by you
The actual fact will comes then take action accordingly.
From India, Jamnagar
1Reject his leave request
ask to produce medical documents of treatment/certificate
instruct him to appear before medical board suggested by you
The actual fact will comes then take action accordingly.
From India, Jamnagar
I purely accept what kamal kant has suggested let us talk in favour of the employee rather than the employer and more over the employee has not committed anything Intentionally i stand by the employee - Principles of Natural justice.
From India, Madras
From India, Madras
I have another question where in SHOPS & ESTABLISHMENT ACT- TAMILNADU refers to providing 4 complusary leaves on 26/01,01/5,15/8 & 02/10. is it manadatary.
From India, Madras
From India, Madras
guys......the question which was asked by a friend was not different.now days most of the companies MD sing the same lyrics to sack the employee if he is not regular...In HR rule no such kind of methods we can handle on a employee without releavant reason.Here the HR duty is to make the management understand and speak on employees conduct record,the rule,the method,way of treating the employees..It doesnt mean that Hr is not against of the management likes.
HR has to handle suitably..
praveen
HR manager
9731109087
From India, Bangalore
HR has to handle suitably..
praveen
HR manager
9731109087
From India, Bangalore
Never break a law! Sometimes, you might be just unlucky to be in the bad-spot!!!!
If the law forbids you from doing that, tell the management to hang-on... Meanwhile, look for the replacement. You would possibly be needing one, regardless of how your operations are.
From United States, Daphne
If the law forbids you from doing that, tell the management to hang-on... Meanwhile, look for the replacement. You would possibly be needing one, regardless of how your operations are.
From United States, Daphne
dear hema . its a unethical practice in a company...& u should not join this type of practices unless u have to tell the management to think over their decision again...
From India, Shimla
From India, Shimla
my dear friend
Who is going long live reason illnes to refer take that person under esi coverage isthere give suggation
take medical leave esi pay is 60% salary that documents proof to do terminate that employee frist that employee under esi
cover or not you cheek give above solution employee and your management, after also your management to terimante some employe to give suggaction some employee complint to esi labour office that better labour depatment see the matter
Tahnks®ards
G.pavankumar
From India, Hyderabad
Who is going long live reason illnes to refer take that person under esi coverage isthere give suggation
take medical leave esi pay is 60% salary that documents proof to do terminate that employee frist that employee under esi
cover or not you cheek give above solution employee and your management, after also your management to terimante some employe to give suggaction some employee complint to esi labour office that better labour depatment see the matter
Tahnks®ards
G.pavankumar
From India, Hyderabad
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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