termination of medically unfit employee
kiran
(Querist) 08 July 2017
This query is : Resolved
Hi,
my brother is working for an software company.
last year he had brain stroke and lost his ability to speak and write.
Now he can speak very little, and his writing has improved along with physical strength. He understands all things but his speach is affected.
he joined office after one year of gap, but he is requested to work in night shift, which he denied.
now HR is asking to resign
can my brother get some legal help/advise.
Rajendra K Goyal
(Expert) 08 July 2017
An employer can ask the employee to work within appointment terms / service rules, employee can not deny.
Request / amicable solution can fetch better results.
Sankaranarayanan
(Expert) 09 July 2017
as suggested by experts better to solve the issue by amicable manner
Kumar Doab
(Expert) 09 July 2017
Do you have evidence of demand of resignation?
It is loud and clear that employer and its attorney's want to wash their hands of employee that is unfit/compromised hence the demand of resignation (verbal).
Hope you full medical record and let a doctor advise against night shifts and/or explain the reasons/logic for not been able to work in night shift.
Submit gentle request under proper acknowledgment to good offices of appointing authority,MD,CEO..............You are at liberty to mention that on dated.................Mr/Ms................demanded/forced to submit resignation............
Kumar Doab
(Expert) 09 July 2017
What is expressed by Dr, in fitness certificate issued to resume duty?
kiran
(Querist) 10 July 2017
Thank you all for your response. I will pursue with HR in a requesting manner.
And In the Medical Certificate, Doctor stated that my Brother is suffering from a Brain Stroke and will need rest for few more months. (no specific note on night shift). Shall I get a medical certificate with a note, describing unfit for night shift.
What if employer demands resignation, even after substantiating a medical certificate.
Kumar Doab
(Expert) 10 July 2017
The thread is not to frighten the employee/querist.
If the specialist doctor has suggested bed rest for more months then it is not fitness certificate.
He should not have joined.
Why did he join?
Kumar Doab
(Expert) 10 July 2017
The event of brain stroke happened at workplace?
Dr J C Vashista
(Expert) 10 July 2017
Very well advised by experts, I agree.
In order to continue in service it would be advisable to accept night shift, if there is so immediate requirement of job.
But the doctor has not yet declared him fit for duty, it would be better to give some more bed rest to him.
Kumar Doab
(Expert) 10 July 2017
Thanks for agreeing Dr.J.C.Vashista.
