borude (n/a) 01 September 2009

What Should I Do ( Legal Requirements)

One of our employees has had to take considerable time off sick over the past eighteen months due to a recurring back condition. This has had a large impact on the rest of our team who have had to take on their work each time they were away. We have tried to be supportive and have met with the employee each time they return to work to see if there is anything the company can do to help them. Despite our best efforts, the number of absences and the length of time taken have increased and we now feel we have no option but to terminate their employment. How should we proceed?

One of our employees has made a complaint that other members of the team are making fun of them because they are homos*xual. Team members often send jokes around and sometimes these jokes make fun of people who are gay. Our employee feels that these jokes are aimed at them and says that they are making them feel uncomfortable. We feel the jokes were a bit of harmless fun amongst the team and thought that the employee was of the same opinion
Our female employee is due to return to work after having a baby. Prior to going on maternity leave, she worked full time, however, she now wants to work only 2 days per week due to childcare arrangements. We feel that as a line manager, she would be unable to perform her duties whilst working just 2 days a week and therefore we will be unable to accommodate her.

One of your employees has requested that a room be made available so that they can pray on a Friday, which is in accordance with their religious beliefs. There is a shortage of meeting rooms and we cannot guarantee that a room will always be available. We are also unsure as to whether we should allow the person the time off work to pray as it may be seen as unfair by the other members of the team who follow different religions.

One of our Employee has made a complaint that a staff at Onsite is

discriminating against them because of their race. That onsite staff is a

difficult character but is vital to the success of our project.

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2 Replies

Raman ( ) 02 September 2009

It seems you have opened multiple queries in one thread ! I would like to express my views here.

1. I think they all have developed Ostrich Syndrome :) I hope you have already sent a written warning to them! Now, it is as easy as sending them a pink slip under disciplinary actions.

2. Well, all of you must have attended 'Sexual Harassment Awareness' training at your workplace! If someone is uncomfortable with such jokes then stop circulating those mails immediately.

3. As per Maternity Benefit Act, the woman is entitled to take leave upto 6 months. Did she utilize all of it? Did she already report back to work? I think, she can ask for light work only prior to going on maternity leave.

4. Complicacy is involved! You should have set these rules in the job description or job offer or from day1 etc ...

5. I think, here is a need of more managerial skills required than seeking lawyering skills. You may want to bring this issue to his attention in a more diligent manner! Ultimately, it is employer's responsibility to prevent such discrimination at workplace, otherwise the Company would suffer from all possible ways!

Let us hear from other members too !!

Ashish Ovalekar (Manager Legal & Compliance) 03 September 2009

Hi,

I would answer to your queries point wise.

As regards continious ill health, there are judgement of the High Courts, wherein it had been stated that if an employee is continiously ill for a considerable period of time, which renders him unfit to perform his duties, arising out of his employment, then the employer can terminate his services on grounds of medical unfitness. the employer would have to pay him retrenchment compensation (if he is a workman) or pay him as per the terms of the appointment letter (if he is a non workman).
As per the Supreme Court Judgment in Vishaka v/s. State of Rajasthan, every corporate entity must have a Workplace Sexual Harrassment policy in place. Guidelines must be framed and notified to all employees and implemented. It would be advisable to direct all employees to refrain from passing s*xually explicit remarks or jokes against the other employees. Either way the Human rights commission is very vigilent in such type of cases, and may pull up the Company, in any employee complains to them.
As per Section 4 (1) of the Maternity benefit Act, No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery. Therefore as a employee benefit measure, the Company can allot the female employee less strenous work / part time / or tell her to avail unpaid leave. But a Company cannot be forced by an employee on her own dictated terms. The Company decision would be final, and the Company would have to take a call accordingly.
As a prudent, equal oppurtunity employer, a Company should not bend down to the whims and fancies of religios based employees, and the rules should be same of all. Please do not classify the employees based on religion by providing addition facilities or ammenities to them. Tell them in a polite manner that the Company cannot accede to their request, due to space constraints.
Discrimination of grounds of s*x, creed and caste, is a dangerous line which the Company (your line Manager) is threading upon. Please direct the Line Manager to restrain from the same, otherwise the Line manager may face criminal prosecution for caste based harassment, and the Company, civil prosecution for constitutional rights violation of fundamental rights of a citizen.