Dear All, could any one explain me about retrenchment of employee who is on fack medical leave. Thanks & Regards omc
From India
From India
Hi,
Retrenchment is a different procedure all to gether and has no relevance to employee being on fake medical leave.
If you are thinking of terminating the services then,
Kindly follow the procedure as under.
1) If it is proved by records/ witness that the employee is on fake medical leave / feigning sickness, issue a letter to appear for a medical examination before the panel / doctors decided by your company.
2) In the examination the claim of sickness along the supporting documents if any submitted by the employee can be verified and a written opinion from the doctors/ panel can be obtained.
3) Based on the above issue a show cause notice and proceed with the disciplinary actions like enquiry, second show cause and termination.
4) Or If the employee is not a workman under the ID act, you can staright way ask him to report for medical examination and on finding his claim of sickness to be false can be issued a letter of trmeination.
5) IF the employee being not a workman and if does not appear for the medical examination also, then you may send a termination letter to his permanent address with specific justification for termination.
kind regards
Dayanand L Guddin
From Singapore, Singapore
29Retrenchment is a different procedure all to gether and has no relevance to employee being on fake medical leave.
If you are thinking of terminating the services then,
Kindly follow the procedure as under.
1) If it is proved by records/ witness that the employee is on fake medical leave / feigning sickness, issue a letter to appear for a medical examination before the panel / doctors decided by your company.
2) In the examination the claim of sickness along the supporting documents if any submitted by the employee can be verified and a written opinion from the doctors/ panel can be obtained.
3) Based on the above issue a show cause notice and proceed with the disciplinary actions like enquiry, second show cause and termination.
4) Or If the employee is not a workman under the ID act, you can staright way ask him to report for medical examination and on finding his claim of sickness to be false can be issued a letter of trmeination.
5) IF the employee being not a workman and if does not appear for the medical examination also, then you may send a termination letter to his permanent address with specific justification for termination.
kind regards
Dayanand L Guddin
From Singapore, Singapore
Dear
I would also like to support the opinion/comments given by Mr. Dayanand. If the concerned person is not a workman under the I D Act then you should also go through the appointment letter issued by you before termination.
With Regards,
R.N.Khola
From India, Delhi
I would also like to support the opinion/comments given by Mr. Dayanand. If the concerned person is not a workman under the I D Act then you should also go through the appointment letter issued by you before termination.
With Regards,
R.N.Khola
From India, Delhi
Hi,
One suggestion further to the suggestions given is that if the employee is covered under ESI then you may refer his case to the medical board and get his opinion. Remember that removal of a person on the grounds of continued sickness if he is covered under ESI should be subject to the appointment letter clause about this or the clauses in the certified standing orders of the company- if any.
For clarity on this subject please refer regulation 98 of the ESI Regulations.
Regards
From India, Bangalore
One suggestion further to the suggestions given is that if the employee is covered under ESI then you may refer his case to the medical board and get his opinion. Remember that removal of a person on the grounds of continued sickness if he is covered under ESI should be subject to the appointment letter clause about this or the clauses in the certified standing orders of the company- if any.
For clarity on this subject please refer regulation 98 of the ESI Regulations.
Regards
From India, Bangalore
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IMPACT OF RETRENCHMENT ON RECESSION.ppt
RETRENCHMENT ANNEXURE.doc