One of our employees met with an accident in Sept. 2020. He is in a coma stage since Sept 2020. Management offered a special leave which was over in August 2022. Now he is not able to join duty. Premature retirement on a medical base required the signature of the employee but in this case, the employee is not able to sign the form. His wife or daughter or both ask for his premature retirement is legally valid or not? is there any provision in the law that his wife may ask for his retirement on a medical basis?
From India, Vadodara
1From India, Vadodara
This is a special situation. I personally feel bad for the employee and the family. Ultimately, if the employee is unable to sign, then his wife may apply for premature retirement where daughter should be witness. Please check the nomination status of PF & Gratuity. If the nomination is not in the name of wife / daughter instead employee's parents or any other person related to employee, then it will be essential to involve them also to avoid any future complications.
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
From India, New Delhi
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
From India, New Delhi
As regards compassionate employment, the position is as follows:
1. Compassionate appointment is not a statutory right, it is provided in the rules of the establishment as an exception to the general rule of being provided a chance to all eligible interested candidates.
2. Permanent total disablement (as in this case) qualifies for compassionate appointment.
3. Compassionate appointment has to be considered on an immediate basis to help the hapless family to tide over the loss in earnings. Delay renders the case weak.
4. A daughter is also entitled to a compassionate appointment. Earlier view that a daughter is not entitled has been repelled by the court.
On the above principles, this appears to be a good enough case to exercise discretion and allow compassionate appointment. Between the mother and daughter whoever is better suited to your requirement shall be considered.
From India, Mumbai
1. Compassionate appointment is not a statutory right, it is provided in the rules of the establishment as an exception to the general rule of being provided a chance to all eligible interested candidates.
2. Permanent total disablement (as in this case) qualifies for compassionate appointment.
3. Compassionate appointment has to be considered on an immediate basis to help the hapless family to tide over the loss in earnings. Delay renders the case weak.
4. A daughter is also entitled to a compassionate appointment. Earlier view that a daughter is not entitled has been repelled by the court.
On the above principles, this appears to be a good enough case to exercise discretion and allow compassionate appointment. Between the mother and daughter whoever is better suited to your requirement shall be considered.
From India, Mumbai
It is not clear to me why our friend Mr.KK!HR brings in compassionate ground appointment into the complicated and painful situation while the ailing employee is still alive.
It is also not clear from the post whether the employee is a ' workman ' under the Industrial Disputes Act,1947 in which case the employer can terminate the services of the employee on the ground of continued ill-health based on a certificate from a competent Medical Board, but paying the family ex-gratia equivalent to retrenchment compensation along with other statutory dues. In any other case also, it is a matter of discretion of the employer and willingness of the family.
Coming to the proposition of Mr.KK!HR, in Government Service, medical invalidation of an employee enables appointment of a qualified family member of the invalidated employee for compassionate-ground appointment.
From India, Salem
It is also not clear from the post whether the employee is a ' workman ' under the Industrial Disputes Act,1947 in which case the employer can terminate the services of the employee on the ground of continued ill-health based on a certificate from a competent Medical Board, but paying the family ex-gratia equivalent to retrenchment compensation along with other statutory dues. In any other case also, it is a matter of discretion of the employer and willingness of the family.
Coming to the proposition of Mr.KK!HR, in Government Service, medical invalidation of an employee enables appointment of a qualified family member of the invalidated employee for compassionate-ground appointment.
From India, Salem
Dear Citehr Member Sh. Naresh Rana,
The opinion expressed by Shri S.K. Bandyopadhyaya and Shri Umakanthan are relevant to the context of query. The question pertains to premature retirement on medical grounds being asked by wife/daughter of the employee who is in coma for about two years. I may be permitted to add that -
There is no information as to whether the employee has been declared permanently irrecoverable/medically invalid. There have been cases of recovery even after two years. Therefore it would be prudent and necessary as well to obtain a permanent medical invalid certificate from the concerned Medical Authority eg ESI or MS of a Govt. Hospital or a Medical Board of a Govt. Hospital. In addition to this the family members (including valid nominees) have to give an undertaking and indemnity bond that they would not stake any type of claim against the company in future including compassionate appointment and re-employment of the employee in case he gets fully recovered, by the grace of God, for which I personally pray for him.
With regards and prayers for the family in distress.
Chandra Mani Lal Srivastava
Master Consultant - HR/IR
9315516083
New Delhi/Monday/6:17 p m
From India, New Delhi
The opinion expressed by Shri S.K. Bandyopadhyaya and Shri Umakanthan are relevant to the context of query. The question pertains to premature retirement on medical grounds being asked by wife/daughter of the employee who is in coma for about two years. I may be permitted to add that -
There is no information as to whether the employee has been declared permanently irrecoverable/medically invalid. There have been cases of recovery even after two years. Therefore it would be prudent and necessary as well to obtain a permanent medical invalid certificate from the concerned Medical Authority eg ESI or MS of a Govt. Hospital or a Medical Board of a Govt. Hospital. In addition to this the family members (including valid nominees) have to give an undertaking and indemnity bond that they would not stake any type of claim against the company in future including compassionate appointment and re-employment of the employee in case he gets fully recovered, by the grace of God, for which I personally pray for him.
With regards and prayers for the family in distress.
Chandra Mani Lal Srivastava
Master Consultant - HR/IR
9315516083
New Delhi/Monday/6:17 p m
From India, New Delhi
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