Dear all,
Please suggest, can we terminate an employee (worker category) if he refuses to resign, who is not covered under ESI and has been working for the last 23 years in the organization? Currently, he has been on unpaid long medical leave (unauthorized absenteeism) for more than 1 year & 5 months approximately. His previous records also indicate a habitual pattern of frequently being long absent without obtaining prior sanction or intimation. Despite numerous absenteeism letters issued, each time in response to these letters, he submits medical certificates from MBBS doctors citing various reasons for illnesses such as fever, skin problems, stomach issues, etc.
Please assist me in determining the appropriate course of action.
Regards,
Anil Saini
From India, New Delhi
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Please suggest, can we terminate an employee (worker category) if he refuses to resign, who is not covered under ESI and has been working for the last 23 years in the organization? Currently, he has been on unpaid long medical leave (unauthorized absenteeism) for more than 1 year & 5 months approximately. His previous records also indicate a habitual pattern of frequently being long absent without obtaining prior sanction or intimation. Despite numerous absenteeism letters issued, each time in response to these letters, he submits medical certificates from MBBS doctors citing various reasons for illnesses such as fever, skin problems, stomach issues, etc.
Please assist me in determining the appropriate course of action.
Regards,
Anil Saini
From India, New Delhi
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Dear Anil,
Please check your policy or Standing Orders in this regard. You can refer the employee to produce a Medical Certificate from the CMO to substantiate his prolonged illness. If he fails to do so, you can initiate disciplinary action against him. However, please note that before dismissing an employee with such a long service record, a careful and foolproof process must be followed. The Domestic Enquiry should be fair, proper, and provide ample opportunity for the employee to defend themselves. It should be entrusted to an experienced lawyer to ensure it can withstand legal scrutiny.
Thanks,
V K Gupta
From India, Panipat
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148Please check your policy or Standing Orders in this regard. You can refer the employee to produce a Medical Certificate from the CMO to substantiate his prolonged illness. If he fails to do so, you can initiate disciplinary action against him. However, please note that before dismissing an employee with such a long service record, a careful and foolproof process must be followed. The Domestic Enquiry should be fair, proper, and provide ample opportunity for the employee to defend themselves. It should be entrusted to an experienced lawyer to ensure it can withstand legal scrutiny.
Thanks,
V K Gupta
From India, Panipat
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I would like to add clarifications to Mr. Cyril's statement that before proceeding ex parte due to his non-appearance without sufficient cause in the inquiry, public notification, i.e., in the local and national newspapers, should be provided.
From India, Panipat
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From India, Panipat
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First, send the letter to that worker and ask him to appear before the company doctor. If he appears, then based on the doctor's advice, follow the procedure to grant leave. If the company doctor finds no problem with that worker, then conduct a domestic inquiry. In the domestic inquiry findings, if unauthorized absenteeism is found, issue a warning letter or suspend for one day. If the worker does not return even after the suspension period, conduct a second domestic inquiry. Suppose in that inquiry, the delinquent worker is found to have unauthorized absenteeism, then suspend for up to 10 days. After the suspension period ends, if the worker still does not return, conduct another domestic inquiry. If unauthorized absenteeism is found in that inquiry, dismiss the worker and make a 123 agreement before the DCL. It is safe.
B. Suresh
Advocate
Chennai
9488447301
From India, Madras
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B. Suresh
Advocate
Chennai
9488447301
From India, Madras
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