Transfer and medical leave (Labour & Service Law)

This query is : Resolved

Author : JAYANTHI

PRO CHAT CALL

Posted On 17 June 2012 at 17:39

Respected Sirs
I am a marketing promotion employee and could not work market for a few days. Company transferred me to a remote location or else to resign. Mental pressure and health problems, I am not able to joint and have sent a medical certificate advising rest for a month.
Now the Company wants me to meet the panel doctor and produce all details of treatment.
Can the Company compel me since the illness is my privacy and they cannot compel me. Can they investigate my doctor also.
Please guide sir

Expert : Devajyoti Barman

PRO CHAT CALL

Posted On 17 June 2012 at 18:00

Every Company has its won set of HR policy or rules. So first check.
For the purpose of setting right example it may ask the employee to go for medical checkup in their own set up.
Getting in touch with medical professional is certainly not a breach of privacy unless it is regarding some grave disease like AIDS.

yOU MAY OPT TO QUIT THE JOB IF IT DOES NOT SUIT YOU ANYMORE.

Expert : PS Dhingra, dcgroup1962@gmail.

PRO CHAT CALL

Posted On 17 June 2012 at 18:57

By the way, what is the privacy of your illness?

The reason for your feeling that the company cannot compel you since your illness is your privacy is not understood. On the other hand employers cannot tolerate that the employee who is being paid for his service should have any right to cause any loss to the company by stopping to work with any lame excuse.

So, your employer has every right to verify the genuineness of your illness by directing you to appear before its own panel of doctors along with the history of illness. The company also has the right to verify whether you are not sick of any contagious disease, which may be harmful for the health and fitness of the other employees of the company.

Company can also transfer you anywhere within its jurisdiction for work.

I wonder, you being administrative executive has not not been able to understand the strategy and requirements of administrative functions. You could rather have been more disciplined, as compared to other employees.

Shri Devajyoti Barman has rightly advised you, if the job does not suit you, better quit the job by resigning from your post. Otherwise, there is nothing except bitterness for the employee with strained relations between the company and employee.