Good Morning,
This post is regarding the termination of an employee. The employee has been on continuous sick leave for the last two months, submitting his medical certificate every 15 days. He has been with the organization for the past 5 years and is frustrated with his job for various reasons. As a senior manager in the organization, management is considering a decision. Can we terminate him in his current sick condition? If not, how long should we continue to accept his medical certificates?
Thank you.
From India, Delhi
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This post is regarding the termination of an employee. The employee has been on continuous sick leave for the last two months, submitting his medical certificate every 15 days. He has been with the organization for the past 5 years and is frustrated with his job for various reasons. As a senior manager in the organization, management is considering a decision. Can we terminate him in his current sick condition? If not, how long should we continue to accept his medical certificates?
Thank you.
From India, Delhi
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Senior manager category will not be covered under the ID Act. Therefore, you can take disciplinary action based on the proofs available with you, following the principles of natural justice. If you terminate him, he cannot seek relief under the ID Act. You can ask him to visit the government hospital doctors or company-authorized doctor to obtain a medical certificate and submit it to prove his illness.
From India, Chennai
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151From India, Chennai
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Dear Member,
The person who has been with your firm for the last 5 years, as confirmed by your post, has dedicated sufficient time to the company. As an HR professional, you must understand the reasons for their frustration and make efforts to support them in becoming a valuable asset to the company. This situation also provides you with an opportunity to showcase your own value within the organization as an HR representative.
If, despite your best efforts, the individual remains unmotivated, they may continue their employment with the organization based on the company's requirements and the candidate's physical fitness. Please review the employment conditions and take necessary actions, especially considering the extended absence.
Thank you.
From India
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The person who has been with your firm for the last 5 years, as confirmed by your post, has dedicated sufficient time to the company. As an HR professional, you must understand the reasons for their frustration and make efforts to support them in becoming a valuable asset to the company. This situation also provides you with an opportunity to showcase your own value within the organization as an HR representative.
If, despite your best efforts, the individual remains unmotivated, they may continue their employment with the organization based on the company's requirements and the candidate's physical fitness. Please review the employment conditions and take necessary actions, especially considering the extended absence.
Thank you.
From India
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Yes, I do agree with Mr. Raj Dubey ...... Company should first check where is fault either from employee side or company side....then they should be take decision accordingly....
From India, Surat
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From India, Surat
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Thanks Rajesh. He is frustrated because he has to report to the person who is new and younger than him, causing an ego clash. We tried to speak to him, but he has been like this for the last year and is now taking unpaid leave in the name of sickness. I just want to know, can we terminate him after giving notice? Can he file a case against us? Is there anything in labor law that applies to this situation?
From India, Delhi
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From India, Delhi
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Proceed with your HR policy because he is a Senior Manager in the supervisory category. If your policy is silent in the case of misconduct or long unapproved absence, then issue him a Charge Sheet, requesting a written explanation within a stipulated period. Before this, obtain a complaint receipt from the concerned department and revoke any further leave sanctioned.
Initiate a domestic inquiry and, after receiving a proper report and finding favorable grounds, issue a letter of termination as per the Standing Orders/HR Policy, whichever is applicable. In all cases, ensure that the individual is given an opportunity and that this is documented.
From India
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Initiate a domestic inquiry and, after receiving a proper report and finding favorable grounds, issue a letter of termination as per the Standing Orders/HR Policy, whichever is applicable. In all cases, ensure that the individual is given an opportunity and that this is documented.
From India
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Dear,
First of all, look into his actual work - whether he was performing managerial, administrative, or supervisory tasks, which can be supported with documents in court. If yes, you can directly terminate him as per the terms of his appointment. Otherwise, you will need to issue a charge sheet. If necessary, conduct an inquiry and then, based on the seriousness of the charges, consider the possibility of dismissal.
Lexlabour.com
From India, Delhi
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First of all, look into his actual work - whether he was performing managerial, administrative, or supervisory tasks, which can be supported with documents in court. If yes, you can directly terminate him as per the terms of his appointment. Otherwise, you will need to issue a charge sheet. If necessary, conduct an inquiry and then, based on the seriousness of the charges, consider the possibility of dismissal.
Lexlabour.com
From India, Delhi
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Mr.Stephen, how we can say manager category is not coming under ID act? Is there any definition in provision of law? Pl clear.
From India, Chennai
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From India, Chennai
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dear sir, if company want to terminate the employee then how it could be possible? without any reason can company terminate the employee?
From India, Miraj
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From India, Miraj
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Mr. Marul,
ID Act 1947 Section 2 has the definition as follows, which states that the managerial, supervisory, and administrative capacities will not come under the purview of a workman under the ID Act.
(s) 5 "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward, whether the terms of employment are express or implied. For the purposes of any proceeding under this Act in relation to an industrial dispute, it 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. However, it does not include any such person:
(i) who is subject to the Air Force Act, 1950, 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 six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
From India, Chennai
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ID Act 1947 Section 2 has the definition as follows, which states that the managerial, supervisory, and administrative capacities will not come under the purview of a workman under the ID Act.
(s) 5 "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward, whether the terms of employment are express or implied. For the purposes of any proceeding under this Act in relation to an industrial dispute, it 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. However, it does not include any such person:
(i) who is subject to the Air Force Act, 1950, 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 six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
From India, Chennai
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