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What is the procedure to be followed for terminating a workmen on grounds of continued ill health if (a) he is availing sickness benefit under ESIC (b) if he is not availing sickness benefit under ESI ?
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There seems to be no separate set of rules for terminating employee on ill health. Therefore, all the procedures as are required to be followed as per ID Act are required in such cases also. Although discharge of employee during the period of sickness is prohibited u/s 73 of the ESI Act, 1948, discharge due to continuous ill health due to some 29diseases is permitted by virtue of Regulation 98 of Employees State Insurance (General) Regulations, 1950. The diseases include Tuberculosis, Leprosy, Mental disorder, etc.For better understanding read with Standing Orders of the company also wherein the procedure to be followed for termination of employee shall be mentioned in detail.Regards,Madhu.T.K
Many thanks Madhu. By procedure under ID Act i understand you mean the procedure to be followed for retrenchment under V(a) or V(b) as applicable. I have gone through the standing orders and the model standing orders and did not find any specific reference to termination on grnds of continued ill-health. Wld be a great help if u cld post the text pertaining to Rule 90 of ESIC Regulations.
Regulation 98 of the ESI (General) Regulations, 1950: Discharge, etc of employee under certain conditions- If the conditions of service of any employee so allow, an employer may discharge or reduce on due notice an employee- (i) who has been in receipt of disablement benefit for temporary disablement after he has been in receipt of such benefit for a continuous period of six months or more; (ii) who has been under medical treatment for sickness or has been absent from work as a result of illness duly certified in accordance with these regulations to arise out of the pregnancy or confinement rendering the employee unfit for work, after the employee has been under such treatment or has been absent from work for a continuous period of six months or more; (iii) who has been under medical treatment for any of the following diseases duly certified in accordance with these regulations, after the employee has been under such treatment for a continuous period of 18 months or more, notwithstanding provisions of clauses (i) and (ii): Diseases 1. Tuberculosis 2. Leprasy 3. Mental diseases 4. Malingnant diseases 5. Paraplegia 6. Hemiplegia. 7. Chronic congestive heart failure 8. Immature cataract with vision 6/60 or less in the affected eye 9. Bronchiectasis 10. Lung abscess 11. Myocardial infraction 12. Dislocation and prolapse of inter- vertebral dis 13. Parkinson's disease 14. Aplastic anaemia 15 Detachment of retina. 16. Non union or delayed union of fracture. 17. Empyema. 18. Intra cranial space occupying lesion 19. Spinal cord compression. 20. Chronic glucoma 21. Cardic valvular diseases 22. Chronic renal failure. 23. Hemiparesis of more than 8 weeks duration. 24. Post traumatic surgical amputations of lowe extremity. 25. More than 50% burns with infection. 26. Compound fracture with chronic osteomyelitis 27. Chonic corpulmonale with congestive heart failure. Regards, Madhu.T.K
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