You could do the following:
Visit personally to find out the seriousness & genuineness of his illness.
Contact his doctor under whose supervision he is being treated and is submitting the medical certificates to understand the seriousness & genuineness of his illness with the intention that the organization wants to help him.
OR
Appoint a panel of doctors for his examination or ask him to go to a government hospital for complete health check up and find out the cause of his serious illness. (while doing so i would advise you to ask him to do so at the organizations cost so that he cannot claim non availability of funds to go ahead for such examination).
Take reports of examination of his illness ( is actually ill) and period required for rest. Also check with the doctor when according to them will he be fit to resume to his duty. Will his fitness affect his performance and what would be the impact of his reduced performance if he resumes his duty.
If he is diagnosed genuinely then also your organization will have to take a stand on future course of action. It will depend on lots of factors like his past performance, his value in the organization, his role, if his absence will affect performance and growth of organization, do you have other competent employee to handle his role, etc etc. Also factor this situation that if he is fit to resume after rest what is the role he will play when he rejoins. This is where HR and management role will be critical.
If as mentioned in your mail he is frustrated, has the HR and senior management done anything to understand his reasons of frustration and given him advise if required in writing. Can he be transferred to another department without affecting his performance (if he is a valuable employee)
If his reasons of frustration are as mentioned by you in the mail, has he been counselled and make him understand the process and company policy that an employee has to follow. As an employer you have the right to recruit people whom you feel would be right for a certain position irrespective of his age. Knowledge is critical. This should be made clear to the employee in clear terms. Or was he promised this new role and then the promised not kept.
What ever you do, it is very critical that you create the required documentation and follow clear process of natural justice before taking any extreme decision. Follow the path of inclusiveness in such situations.
After taking all this steps if still only because of ego issue the employee wants to follow his own judgement then you would be right in taking the decision. While doing so ensure that other staff are also made subtly aware of all your attempts to bring on board so that when you take this extreme decision other employees will not have a negative attitude your organization.
With regards to legal remedies, best is consult your organizations lawyer as it will depend on your industry and which acts your business falls in.
Warm regards
1Visit personally to find out the seriousness & genuineness of his illness.
Contact his doctor under whose supervision he is being treated and is submitting the medical certificates to understand the seriousness & genuineness of his illness with the intention that the organization wants to help him.
OR
Appoint a panel of doctors for his examination or ask him to go to a government hospital for complete health check up and find out the cause of his serious illness. (while doing so i would advise you to ask him to do so at the organizations cost so that he cannot claim non availability of funds to go ahead for such examination).
Take reports of examination of his illness ( is actually ill) and period required for rest. Also check with the doctor when according to them will he be fit to resume to his duty. Will his fitness affect his performance and what would be the impact of his reduced performance if he resumes his duty.
If he is diagnosed genuinely then also your organization will have to take a stand on future course of action. It will depend on lots of factors like his past performance, his value in the organization, his role, if his absence will affect performance and growth of organization, do you have other competent employee to handle his role, etc etc. Also factor this situation that if he is fit to resume after rest what is the role he will play when he rejoins. This is where HR and management role will be critical.
If as mentioned in your mail he is frustrated, has the HR and senior management done anything to understand his reasons of frustration and given him advise if required in writing. Can he be transferred to another department without affecting his performance (if he is a valuable employee)
If his reasons of frustration are as mentioned by you in the mail, has he been counselled and make him understand the process and company policy that an employee has to follow. As an employer you have the right to recruit people whom you feel would be right for a certain position irrespective of his age. Knowledge is critical. This should be made clear to the employee in clear terms. Or was he promised this new role and then the promised not kept.
What ever you do, it is very critical that you create the required documentation and follow clear process of natural justice before taking any extreme decision. Follow the path of inclusiveness in such situations.
After taking all this steps if still only because of ego issue the employee wants to follow his own judgement then you would be right in taking the decision. While doing so ensure that other staff are also made subtly aware of all your attempts to bring on board so that when you take this extreme decision other employees will not have a negative attitude your organization.
With regards to legal remedies, best is consult your organizations lawyer as it will depend on your industry and which acts your business falls in.
Warm regards
Labour law is applicable to the labour class. If proof is required, read the law. Else accept what is being said. But just for the sake of illustration, contribution to ESI and EPF is limited to a certain amount, determining levels. In this case we are getting unecessarily tangled in law. At manegerial levels, surely well designed appointment letters are given to cover all aspects such as leave, discipline, integrity and pay etc. So, why not simply refer to those clauses and take action! Procrastination is only harming the company and setting up a bad example!
From India, Delhi
From India, Delhi
Dear Sir,
Extract of ID Act is appended.Wage limit is now Rs 10,000/-
So the manager in question does not fall under ID Act and labour courts have no jurisdiction on him.He can approach Civil courts.
The Industrial Disputes Act under Section 2(s) defines a “Workman” as–
Any person (including an apprentice) employed in any industry to do any manual, unskilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be expressed or implied, and for the purpose of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand sic hundred rupees per mensem or exercises, either by nature of duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
Regards,
Col.Suresh Rathi
From India, Delhi
Extract of ID Act is appended.Wage limit is now Rs 10,000/-
So the manager in question does not fall under ID Act and labour courts have no jurisdiction on him.He can approach Civil courts.
The Industrial Disputes Act under Section 2(s) defines a “Workman” as–
Any person (including an apprentice) employed in any industry to do any manual, unskilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be expressed or implied, and for the purpose of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand sic hundred rupees per mensem or exercises, either by nature of duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
Regards,
Col.Suresh Rathi
From India, Delhi
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