Dear Seniors, The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995 with reference to section 47. Can you please clarify the following queries:
1. Does this Act apply to privately held companies as well?
2. If yes, in the case of permanent total disability of a person who has received compensation under the WC Act, are they eligible to continue in service?
3. If the employee is 100% incapacitated, is it mandatory to offer compassionate appointment to their relative/family member?
Thanks in anticipation...!!!
From India, Pune
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4701. Does this Act apply to privately held companies as well?
2. If yes, in the case of permanent total disability of a person who has received compensation under the WC Act, are they eligible to continue in service?
3. If the employee is 100% incapacitated, is it mandatory to offer compassionate appointment to their relative/family member?
Thanks in anticipation...!!!
From India, Pune
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Section 47 and Employment Discrimination
Section 47 states that there should be no discrimination in government employment. This provision does not apply to employment in the private sector.
Compensation and Reemployment
Once compensation under the Workmen's Compensation Act is paid, there is no possibility of reemploying a completely disabled person.
Compassionate Appointment Policy
Compassionate appointment is subject to the company's policy, and it is not mandatory for a private firm to offer compassionate employment.
Regards,
Madhu.T.K
From India, Kannur
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Section 47 states that there should be no discrimination in government employment. This provision does not apply to employment in the private sector.
Compensation and Reemployment
Once compensation under the Workmen's Compensation Act is paid, there is no possibility of reemploying a completely disabled person.
Compassionate Appointment Policy
Compassionate appointment is subject to the company's policy, and it is not mandatory for a private firm to offer compassionate employment.
Regards,
Madhu.T.K
From India, Kannur
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Rights of Persons with Disabilities Act 2016.pdf