Employee rejecting to resign from duties

You have NO right to demand resignation.

It can be deemed termination.

It can be deemed transgression by you.

As HR person you are just another employee in establishment, like him, of course with another set of duties.

Ask the sick/bedridden employee to submit Dr's Rx with bed rest advise in accordance with leave rules and supply the copy of leave rules of the establishment.

Dear Kumar, i have not demanded him to write resignatin, when he said to me that If doctor suggested to go for surgery he will apply more three months after rtaking esting period.so he want avail 6month leave.right now we have lot of work in his department.hence i asked him to give resignation to recruit another person in place of him.

Originally posted by : Raju Mukkera
	Dear Sir,I am Raju working as HR in pvt ltd company. One of my employee his designation Quality Head,he met small accident due to that requested one month leave,i also approved on his request/health reason but now he wants to extend more 3months for taking rest,and he is saying that doctor had suggested to go for surgery if problem not recovery after taking rest ,our company is a small scale industry.i spoken with him to give resignation company will not wait untill you report as work got delaying but he is rejecting my words. Hence request you to suggest me for further action. Regards Raju  M

Hope you shall take it positively.

You have asked the employee to sign his resignation and supply it to establishment ( or you).

Originally posted by : Raju Mukkera
	Dear Kumar, i have not demanded him to write resignatin, when he said to me that If doctor suggested to go for surgery he will apply more three months after rtaking esting period.so he want avail 6month leave.right now we have lot of work in his department.hence i asked him to give resignation to recruit another person in place of him.

Hope you shall take it positively. You have asked the employee to sign his resignation and supply it to establishment ( or you).

 

Your employer and establishment can otherwise recruit another person 

OR

devide the work amongst other employees/even employer/Managers/HOD's  till he rejoins.

can you please suggest me in this case "employee needs to avail long leave untill he recover and management is not in a position to approve"

Your contentions that employee needs long leave are all verbal.

Has employee submitted long leave application?

First management has approved him one month leave after he applied,but now employee sent email to extend it more 2months  so managemnet wants to reject long leave.

Go thru 3rd post from beginning, again. 

Dear LCI querist @Raju Mukkera/Raju M,

I have posted whole heartedly for you.

The HR person should always be preferably unbiased and strike a balance between employer and employee.

The HR person should refrain from meddling into legal matters, and avoid offering his shoulder to any anyone to fire at anyone.

The employer would want someone's shoulder to fire from.

Demand of resignation, forced resignation may get termed as offense.

Termination during sickness may get termed as bad order.

While you have been asking the employee to sign and supply his own resignation , supply him the leave rules ( application format also if you want) and  ask him to send his leave application, Dr's Rx advising bed rest, operation etc etc .............

Avoid standing in the line of fire.

Thanks Kumar

You are welcome.

Valuable discussion indeed.

                     -------------------XXXXXXXXXXXXXXXXX---------------

It is hoped that some points may come handy to handle this situation:

1. MET WITH ACCIDENT. - He did not plan. Today it is he. Tomorrow the HR person may i.e. may. What will happen if bad precedence is set?

2. The company is in a better position. Yes, it cannot afford too much of philanthrophy. But ESI, insurance etc take care to some extent & some moral support is needed at this sort of hour..

3. The company always has the option of short term employment, say contractual employment, piece work etc. In this mode, full time (experienced) employee/s could be staggered in the task that the sick man was in & the new comer could be given suitable work so that the work gets shared & not suffers.

4. 'Not sure of what sort of company this is. From the way it is being said that the company is wanting to recruit afresh, it is felt that the company lies somewhere between, in the product chain. (One company's product is another company's input if the work involves a chain of work). Whatever it be, the functionality, 'Quality' normally involves in house AS ALSO customer checks. Thus, this company could even explore attracting the workforce of the allied company in a completely legal & fair manner after due permission from the authorities of that company.