Hi
It appears that the concerned employee is an executive and not covered under the standing order. Management decision to terminate him is definitely a harsh decision and since you have informed that no such action on any employee has taken place earlier, such action may constitute 'discrimination' as per the constitution. The employee can file a writ in civil court on the basis of article 14 of the constitution ( but not in any labor court as he does not seem to be a workmen covered under ID Act.
Mihir
7It appears that the concerned employee is an executive and not covered under the standing order. Management decision to terminate him is definitely a harsh decision and since you have informed that no such action on any employee has taken place earlier, such action may constitute 'discrimination' as per the constitution. The employee can file a writ in civil court on the basis of article 14 of the constitution ( but not in any labor court as he does not seem to be a workmen covered under ID Act.
Mihir
Dear Atom leaf,
Your first query is answered that laws cannot be by-passed through organisational policies.
Next, it seems that the period of absence described by you over the period of one year intermittently against the medical certificate seems to have been sanctioned, if so there is no case for any action against the officer.
Even if the management is suspicious about the genuineness of the certiicates submitted by the officer from time to time, it can appoint a Medical Board and expose him to it and await the report before taking any action accordingly.
In the given situation, no action is justified against the person concerned , should he opt to take a legal recourse in this regard, the management shall stand cornered facing a legally supported employee and an embarassment at the hands of the others.
If you stand in a position to advise the management, you may categorically do so.
Regards
S.K.Johri
From India, Delhi
Your first query is answered that laws cannot be by-passed through organisational policies.
Next, it seems that the period of absence described by you over the period of one year intermittently against the medical certificate seems to have been sanctioned, if so there is no case for any action against the officer.
Even if the management is suspicious about the genuineness of the certiicates submitted by the officer from time to time, it can appoint a Medical Board and expose him to it and await the report before taking any action accordingly.
In the given situation, no action is justified against the person concerned , should he opt to take a legal recourse in this regard, the management shall stand cornered facing a legally supported employee and an embarassment at the hands of the others.
If you stand in a position to advise the management, you may categorically do so.
Regards
S.K.Johri
From India, Delhi
Hi all
If after working for 10 years, he develops sickness in 11th year, is the sickness related to "occupation"
if so he can claim compensation, medical expenses, and can be reinstated in service also.
Regards
S N Rao
From India, Bangalore
If after working for 10 years, he develops sickness in 11th year, is the sickness related to "occupation"
if so he can claim compensation, medical expenses, and can be reinstated in service also.
Regards
S N Rao
From India, Bangalore
Mr.Rao,
You must understand onething. In reputed companies, there will be a periodical medical check up for their own employees. In certain medical companies, they subject their employees to tests like allergy etc and once after ensuring that the employee is fit enough, only he is allowed to continue to work.
The case mentioned by you, may happen in private companies, which is having total disregard of occupational hazards of their employees, in which case the employee if he can prove that his sickness is due to prolonged exposure of harmful working nature, he can approach the court and win the case. Otherwise, this doesn't hold water.
Best Regards,
From India, Mumbai
You must understand onething. In reputed companies, there will be a periodical medical check up for their own employees. In certain medical companies, they subject their employees to tests like allergy etc and once after ensuring that the employee is fit enough, only he is allowed to continue to work.
The case mentioned by you, may happen in private companies, which is having total disregard of occupational hazards of their employees, in which case the employee if he can prove that his sickness is due to prolonged exposure of harmful working nature, he can approach the court and win the case. Otherwise, this doesn't hold water.
Best Regards,
From India, Mumbai
Mr. Murdhar & all others
The organisation in this case has terminated an employee who worked with them for ten years without following normal procedures
they have not even counseled him, to improve his attendance. The act is inhuman. What would be the fate of his wife, children & his dependents?
In the critical time of need Instead of getting help form his organisation, he has got a termination order!!!!
In standard reputed organisation the company goes out of the way in providing medical facilities to its employees, much beyond the law.
By this I presume this may not be a company caring for its employees. It is not only the exposure physically to harmful working condition or nature,
the sickness may also be due to lot of harassment, discrimination, depression, mental tensions, diabetes, BP, etc. ( many employees have committed suicide)
It can be said beyond doubt that this organisation does not have any HR policy, approved Standing order, nor any policy to take care of supervisory and managerial staff. These organisations expect great sense of belonging from its employees, but the organisation does not reciprocate the same.
Therefore the said employee, who is an Asst. Mgr., not covered under the ID act, can approach a good lawyer and file a writ in civil court, and win the case.
Regards
S N Rao
From India, Bangalore
The organisation in this case has terminated an employee who worked with them for ten years without following normal procedures
they have not even counseled him, to improve his attendance. The act is inhuman. What would be the fate of his wife, children & his dependents?
In the critical time of need Instead of getting help form his organisation, he has got a termination order!!!!
In standard reputed organisation the company goes out of the way in providing medical facilities to its employees, much beyond the law.
By this I presume this may not be a company caring for its employees. It is not only the exposure physically to harmful working condition or nature,
the sickness may also be due to lot of harassment, discrimination, depression, mental tensions, diabetes, BP, etc. ( many employees have committed suicide)
It can be said beyond doubt that this organisation does not have any HR policy, approved Standing order, nor any policy to take care of supervisory and managerial staff. These organisations expect great sense of belonging from its employees, but the organisation does not reciprocate the same.
Therefore the said employee, who is an Asst. Mgr., not covered under the ID act, can approach a good lawyer and file a writ in civil court, and win the case.
Regards
S N Rao
From India, Bangalore
Kind attn : Mr.Rao,
Boss, this is a tough world. Dog eats Dogs. In this world , and corporate jungle you can't expect justice from all. Everyone, (if he is genuine from his part), should fight for his rights through lawful means.
He can succeed only if he is (willing to patiently wait for justice, which may not happen overnight also) wealthy (to sustain himself and his family, to pay for his legal proceedings etc) etc.
In this country a middle class people stands little chance for fighting and winning his case. But Miracles happen too.
Best regards,
From India, Mumbai
Boss, this is a tough world. Dog eats Dogs. In this world , and corporate jungle you can't expect justice from all. Everyone, (if he is genuine from his part), should fight for his rights through lawful means.
He can succeed only if he is (willing to patiently wait for justice, which may not happen overnight also) wealthy (to sustain himself and his family, to pay for his legal proceedings etc) etc.
In this country a middle class people stands little chance for fighting and winning his case. But Miracles happen too.
Best regards,
From India, Mumbai
Mr. Murdhar & all others
I agree with you.
This incidence is sad. It should not have happened.
Middle class people stands little chance for fighting and winning their case.
What should we as Senior HR people advise?
Just sit and watch other's fate?
Regards
S N Rao
From India, Bangalore
I agree with you.
This incidence is sad. It should not have happened.
Middle class people stands little chance for fighting and winning their case.
What should we as Senior HR people advise?
Just sit and watch other's fate?
Regards
S N Rao
From India, Bangalore
Hi All,
Thank you for your valuable response !!
After receiving the termination letter he was very furious and planned to take deal this legally but as one of you said in a world of middle class and lots of commitments he dropped that idea and approached the HR manager and asked about the reason for this harsh decision. They say this decision is due to attitude problem (taking more leaves is termed as attitude problem) and day to day activities are affected due to this. They have decided to appoint a new manager in his place.
After long discussion and assurances with HR manager that it will not happen again. Management reverted back to him in a week with 2 options
Option 1: Leave Organization by submitting resignation paper and receive all documents as per normal (smooth) relieving process
Option 2: Continue Job with a condition that the salary will be reduced to 50% of current pay for next 3 months (Salary will be reverted back to original, if performance is good and no leaves permitted during that period) and designation will be degraded and have to report to new asst manager (Designation will not be reverted back to original after 3 months)
This is a Software Development (Pvt limited) company with 200 employees.
From India, Madras
Thank you for your valuable response !!
After receiving the termination letter he was very furious and planned to take deal this legally but as one of you said in a world of middle class and lots of commitments he dropped that idea and approached the HR manager and asked about the reason for this harsh decision. They say this decision is due to attitude problem (taking more leaves is termed as attitude problem) and day to day activities are affected due to this. They have decided to appoint a new manager in his place.
After long discussion and assurances with HR manager that it will not happen again. Management reverted back to him in a week with 2 options
Option 1: Leave Organization by submitting resignation paper and receive all documents as per normal (smooth) relieving process
Option 2: Continue Job with a condition that the salary will be reduced to 50% of current pay for next 3 months (Salary will be reverted back to original, if performance is good and no leaves permitted during that period) and designation will be degraded and have to report to new asst manager (Designation will not be reverted back to original after 3 months)
This is a Software Development (Pvt limited) company with 200 employees.
From India, Madras
Dear all,
No human being "worth his salt" would accept option 2. Is this an Option?
An employee with dignity and pride would never accept option 2
If poverty, Diseases, unemployment etc force him not to leave the job,
then only he will be constrained to accept option 2, by sacrificing his ego.
It is a management trick to force him to accept option 1
This will set a bad example on other 200 employees of the company.
No doubt this is a "Soft Ware Development" Company
Which not under the Factory act or other acts protecting employees,
Can all of you recall During Satyam's Case, Trade Unions did
mention that "Soft Ware Industries" should have
organised trade union, to safeguard the employee's interest.
Regards
S N Rao
From India, Bangalore
No human being "worth his salt" would accept option 2. Is this an Option?
An employee with dignity and pride would never accept option 2
If poverty, Diseases, unemployment etc force him not to leave the job,
then only he will be constrained to accept option 2, by sacrificing his ego.
It is a management trick to force him to accept option 1
This will set a bad example on other 200 employees of the company.
No doubt this is a "Soft Ware Development" Company
Which not under the Factory act or other acts protecting employees,
Can all of you recall During Satyam's Case, Trade Unions did
mention that "Soft Ware Industries" should have
organised trade union, to safeguard the employee's interest.
Regards
S N Rao
From India, Bangalore
Mr.Rao,
You are forgotting one thing. You are right in your own way... But consider the situation of being at home without a job, salary, loan burdens etc.... Atleast the organization is humane in some way as to consider his reemployment without right royally shutting the doors for him ever... May be if he is really worth his salt, he should not fight with the organization, instead he should get employment elsewhere....
Cheers, have a great day....
From India, Mumbai
You are forgotting one thing. You are right in your own way... But consider the situation of being at home without a job, salary, loan burdens etc.... Atleast the organization is humane in some way as to consider his reemployment without right royally shutting the doors for him ever... May be if he is really worth his salt, he should not fight with the organization, instead he should get employment elsewhere....
Cheers, have a great day....
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee reference policy.doc