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Road Accident Where Driver Got Severe Injuries - Can Management Declare Him Unfit? - CiteHR

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RAMU-HR
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Respected seniors
This Ramu Working as Deputy Manager-HR in a manufacturing industry near Vijayawada, My query is one of our company driver met with road accident and got severe injuries at his right leg ankle. This was happend during his leave. This is not employment injury. He was taken medical treatment ESI Hospital around 5 months. Now the ESI authorities have certified him to resume to work. But as per his physical condition he can't able to drive the vehicles another 6 months or more. Time being we have replaced his post with out sourcing person.
Whether we can stop our driver stating that you are unfit for driver post?. Our management is denying to take him. Kindly suggest
Ramu

From India, Vijayawada
Dinesh Divekar
7736

Dear Ramu,

This is a ticklish issue. Whether to keep on board a medically unfit person or to remove him, is a call that your management has to take. If allowed to continue his employment, it will send a signal to all the employees that your management is empathetic. If for removed, it will help you in keeping manpower lean. However, I propose the following options:

a) Let the employee apply for Leave Without Pay (LWP). He might forego the salary nevertheless, his employment will be continued. Issue him a letter stating that this arrangement is made only to increase his length of service in the company and there is no guarantee that he will be allowed to work once he becomes medically fit. Longer length of service will help him in searching a job once he becomes medically fit. Since you are not paying any salary to the employee, your management should not have any objection to this arrangement. Keeping a person on roll even though without salary is also a help in itself.

b) Explore possibility of alternate employment. Can he work in security or any other department? Of course, security requires able-bodied persons, however, ability of the able-bodied security persons is well known. Discuss this issue amongst the HODs and find out whether any idea emerges.

Thanks,

Dinesh Divekar

From India, Bangalore
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