We have decided to dismiss an older employee (55+) who works in our company because older individuals are more susceptible to COVID-19 infection, and there is currently not enough work to justify their position. Please advise me on the proper format for a dismissal letter.
From India, Namakkal
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From India, Namakkal
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Dear Manoharan,
Are you from HR? If yes then I request you to use the right terminology. In fact, whether from HR or otherwise, always we should check the meaning of the words before using them.
The dictionary meaning of the word "dismiss" is "terminate the employment of; discharge from an office or position". The dismissal has a negative connotation and the dismissal happens on the grounds of indiscipline. In your case, the employee is required to be removed on the grounds of his safety. Therefore, it is not dismissal per se.
Call the employee to your office and explain to him the current situation. Explain to him that attending to the office every day is a risk to his health and it in his interest to stop coming for the work. Ask for his resignation.
The separation from the employment is on normal administrative grounds therefore, he is eligible to get all his dues like leave encashment, gratuity, notice period pay etc.
Lastly, a word of caution from the organisation's culture too. If you remove the aged employee without due benefits, it will send a wrong signal to all other employees. As such his separation could give him sympathies. Amidst this, if you do not give him his dues then it will lower your companies image in the eyes of other employees. You should never allow this to happen.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227Are you from HR? If yes then I request you to use the right terminology. In fact, whether from HR or otherwise, always we should check the meaning of the words before using them.
The dictionary meaning of the word "dismiss" is "terminate the employment of; discharge from an office or position". The dismissal has a negative connotation and the dismissal happens on the grounds of indiscipline. In your case, the employee is required to be removed on the grounds of his safety. Therefore, it is not dismissal per se.
Call the employee to your office and explain to him the current situation. Explain to him that attending to the office every day is a risk to his health and it in his interest to stop coming for the work. Ask for his resignation.
The separation from the employment is on normal administrative grounds therefore, he is eligible to get all his dues like leave encashment, gratuity, notice period pay etc.
Lastly, a word of caution from the organisation's culture too. If you remove the aged employee without due benefits, it will send a wrong signal to all other employees. As such his separation could give him sympathies. Amidst this, if you do not give him his dues then it will lower your companies image in the eyes of other employees. You should never allow this to happen.
Thanks,
Dinesh Divekar
From India, Bangalore
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So well explained, Dinesh Divekarji. Appreciate it, sir.
My only request would be that in these difficult times, care for your employees. Provide them with their benefits in time as applicable, ensure they are relieved of their duties with happiness and a smile.
From India, Vadodara
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My only request would be that in these difficult times, care for your employees. Provide them with their benefits in time as applicable, ensure they are relieved of their duties with happiness and a smile.
From India, Vadodara
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I refer to your post. Instead of effecting 'dismissal' (as aptly answered by Mr. Divekar), why don't you choose the option of allowing him to go on leave until the pandemic COVID-19 is over, instead of abruptly terminating the services of the long-served employee? By doing so, you would allow him to continue on the company's payroll until he attains the age of superannuation.
From India, Aizawl
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From India, Aizawl
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Friends,
I think Mr. Dinesh's post explains well the mode of separation. They may separate him through VRS/VSS, as the resignation option may not entitle him to certain compensation. Let me highlight other aspects as well.
The separation, in whatever circumstances and terminology used, results in:
i) loss of regular income for the incumbent,
ii) post-retirement means of living, personal health care,
iii) mental state.
I would also suggest that, first of all, age 55 is not too old to retire compulsorily, even by Indian standards. At the same time, being sent on 'compulsory leave' per se might also involve leave pay.
The Standard Operating Procedure (SOP), if strictly adhered to at his home, in transit, and more fully at workplaces, should take care of the risks in the course of employment nowadays. The decision to retire him at this age on the pretext of risks from a pandemic may be convenient for the establishment, but they should also provide reasonable answers to the above points.
The person would probably be willing to go if his post-retirement arrangements are well taken care of, at least partially, by means of measures like hassle-free F&F settlement/compensation, regular pension, a golden handshake, health scheme, compassionate employment for his wards, etc.
From India, Bangalore
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I think Mr. Dinesh's post explains well the mode of separation. They may separate him through VRS/VSS, as the resignation option may not entitle him to certain compensation. Let me highlight other aspects as well.
The separation, in whatever circumstances and terminology used, results in:
i) loss of regular income for the incumbent,
ii) post-retirement means of living, personal health care,
iii) mental state.
I would also suggest that, first of all, age 55 is not too old to retire compulsorily, even by Indian standards. At the same time, being sent on 'compulsory leave' per se might also involve leave pay.
The Standard Operating Procedure (SOP), if strictly adhered to at his home, in transit, and more fully at workplaces, should take care of the risks in the course of employment nowadays. The decision to retire him at this age on the pretext of risks from a pandemic may be convenient for the establishment, but they should also provide reasonable answers to the above points.
The person would probably be willing to go if his post-retirement arrangements are well taken care of, at least partially, by means of measures like hassle-free F&F settlement/compensation, regular pension, a golden handshake, health scheme, compassionate employment for his wards, etc.
From India, Bangalore
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Dear colleague,
While sharing the views of my learned colleagues, I wish to add as follows:
1. You are looking at an aged employee who is perhaps at least a normal performer, treated like dirt that can be discarded at any time.
2. This is highly insensitive, lopsided, and harsh thinking on your part to dismiss the services of the elderly under the guise of Corona protection. There is no conclusive medical evidence yet to support that the elderly are more vulnerable to infection than younger individuals.
Additionally, if it seems like the sky will fall if you do not separate them, consider the decent options suggested by our esteemed colleagues. This will lead to a win-win situation for both parties.
If you are in HR, it is pitiable that you support the management's actions.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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While sharing the views of my learned colleagues, I wish to add as follows:
1. You are looking at an aged employee who is perhaps at least a normal performer, treated like dirt that can be discarded at any time.
2. This is highly insensitive, lopsided, and harsh thinking on your part to dismiss the services of the elderly under the guise of Corona protection. There is no conclusive medical evidence yet to support that the elderly are more vulnerable to infection than younger individuals.
Additionally, if it seems like the sky will fall if you do not separate them, consider the decent options suggested by our esteemed colleagues. This will lead to a win-win situation for both parties.
If you are in HR, it is pitiable that you support the management's actions.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Even a dismissed employee (except for some reasons) is eligible for gratuity .
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear friends,
The separation of a 55-year-old employee in the name of COVID is a poor HR practice. If an employee is not performing, then this excuse may be accepted. But if he is a normal performer, then it is totally unjust to the employee. As one of our friends suggested, you may send him on leave or provide him with a work-from-home opportunity with a certain lower salary.
COVID is not so much a concern of age; it is more related to the immunity of the person. If he has a better immune system than any other colleagues, then what should be done?
I advise management to consider other opportunities.
Regards,
Sunil
From India, New Delhi
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The separation of a 55-year-old employee in the name of COVID is a poor HR practice. If an employee is not performing, then this excuse may be accepted. But if he is a normal performer, then it is totally unjust to the employee. As one of our friends suggested, you may send him on leave or provide him with a work-from-home opportunity with a certain lower salary.
COVID is not so much a concern of age; it is more related to the immunity of the person. If he has a better immune system than any other colleagues, then what should be done?
I advise management to consider other opportunities.
Regards,
Sunil
From India, New Delhi
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