Dear All,
I would need your advice on a case mentioned below:-
One of our employee met with an accident in january-2009 & have some head injuries, Since than time was lapsed but he was not physically fit to join the duties having some problems in his hand & had partial disablement in it.
Since than, we are waiting for him and not take any action on this cae only on humanitarian ground.
How to deal with this case, we have not processed his salary for last 2 years.
I have to sent him a letter asking for his physical condition, what all i have to draft in it.
Please assist me.
Regards
Ranjeet
From India, New Delhi
11I would need your advice on a case mentioned below:-
One of our employee met with an accident in january-2009 & have some head injuries, Since than time was lapsed but he was not physically fit to join the duties having some problems in his hand & had partial disablement in it.
Since than, we are waiting for him and not take any action on this cae only on humanitarian ground.
How to deal with this case, we have not processed his salary for last 2 years.
I have to sent him a letter asking for his physical condition, what all i have to draft in it.
Please assist me.
Regards
Ranjeet
From India, New Delhi
I believe that that was not an employment injury.
Continued ill health is one of the grounds on which an employee an be terminated. Normally, this will be provided in the Standing Orders of the company itself. Even otherwise, according to section 2(oo)(c) termination of service due to continued ill health will not amount to retrenchment. That means if continued ill health of a person effects his performance, the employer is in a position to terminate his service even without following section 25 F of ID Act. However, it is advisable if you send a letter officially communicating the management's decision to terminate his service and calling on him to come and collect grtauity and other amounts due as full and final settlement.
Regards,
Madhu.T.K
From India, Kannur
Continued ill health is one of the grounds on which an employee an be terminated. Normally, this will be provided in the Standing Orders of the company itself. Even otherwise, according to section 2(oo)(c) termination of service due to continued ill health will not amount to retrenchment. That means if continued ill health of a person effects his performance, the employer is in a position to terminate his service even without following section 25 F of ID Act. However, it is advisable if you send a letter officially communicating the management's decision to terminate his service and calling on him to come and collect grtauity and other amounts due as full and final settlement.
Regards,
Madhu.T.K
From India, Kannur
Dear Ranjeet,
A formal letter will do. However, since he has been absenting on LOP for a quite long period, it will be proper if you send a letter asking him to explain why he should not be terminated and then send termination letter. You may try the following sentences.
" Whereas you have been remaining absent since ..(date) after you met with an accident as reported to this office vide your letter dated (date of first leave application informing his accident)
And whereas you continued to be absent since then,
And whereas it is almost two years and five months since you are away from work due to ill health
And whereas a period aforesaid shall be sufficient to construe that your case shall be treated as continued ill health within the meaning of clause ..... of Standing Orders of this establishment
And whereas the management has the authority as empowered by clause... of the Standing Orders, to terminate service of employee on the basis of continued ill health
This notice calls on you to show cause why your services should not be terminated on the above grounds of continued ill health
Therefore, you are directed to give your explanations within seven days, failing which it will be construed that you have no cause to be shown against the decision of the management to terminate your services on the basis of your continued absence due to ill health.
Sd/"
He will either come with an explanation or will accept the decision of termination. In the first case, you can refer the case to Medical Board as prescribed in the Standing Orders and then take a decision whether or not to terminate. In the latter case, you can send termination letter like the following.
" Sub: Termination of service- ground of continued ill health- reg
Ref: Our Notice No... dated...
Your reply dated....
With reference to the above, we regret to inform you that your service has been terminated with effect from..... You are directed to collect the dues including gratuity from the accounts department on......
Sd/-"
Regards,
Madhu.T.K
From India, Kannur
A formal letter will do. However, since he has been absenting on LOP for a quite long period, it will be proper if you send a letter asking him to explain why he should not be terminated and then send termination letter. You may try the following sentences.
" Whereas you have been remaining absent since ..(date) after you met with an accident as reported to this office vide your letter dated (date of first leave application informing his accident)
And whereas you continued to be absent since then,
And whereas it is almost two years and five months since you are away from work due to ill health
And whereas a period aforesaid shall be sufficient to construe that your case shall be treated as continued ill health within the meaning of clause ..... of Standing Orders of this establishment
And whereas the management has the authority as empowered by clause... of the Standing Orders, to terminate service of employee on the basis of continued ill health
This notice calls on you to show cause why your services should not be terminated on the above grounds of continued ill health
Therefore, you are directed to give your explanations within seven days, failing which it will be construed that you have no cause to be shown against the decision of the management to terminate your services on the basis of your continued absence due to ill health.
Sd/"
He will either come with an explanation or will accept the decision of termination. In the first case, you can refer the case to Medical Board as prescribed in the Standing Orders and then take a decision whether or not to terminate. In the latter case, you can send termination letter like the following.
" Sub: Termination of service- ground of continued ill health- reg
Ref: Our Notice No... dated...
Your reply dated....
With reference to the above, we regret to inform you that your service has been terminated with effect from..... You are directed to collect the dues including gratuity from the accounts department on......
Sd/-"
Regards,
Madhu.T.K
From India, Kannur
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