Dear HR friends,
Can anyone please help me to know the procedure that has to be followed as per Kerala Labour laws in terminating an employee who has been reported to have mental disorder.
Ratish M Pillai
29th March 2013 From India, Kochi

Consultant & G.m.
+2 Others

Dear Ratish,
Suggesting ways to terminate any one is a thankless job but one has to perform the duties assigned subject to "natural justice"
The information provided here is not adequate, you have to indicate the follg. details:
1.What is the status of your estt.
2. Under which Act your estt. has been registered.
3. What is the labour strength of your firm
4. Whether covered under ESI Act & Employees Compensation Act.
5. What is the past instances which caused such ill health and how you to came to the conclusion of his mental ill health, was it "in the course of employment' or else..
6. Any competent authority testified his present condition and it is unlikely he would never/ever become normal.
7. How many years service he rendered in your firm
and such other relevant information.
30th March 2013 From India, Bangalore
There is no special labour law in Kerala to terminate an employee on mental ill health.If the employee is a workman he can be terminated on continued ill health.If he is not a workman he can be terminated as per the terms of employment.In the former case,the continuity of disease has to be proved for a reasonable period of time.
Varghese Mathew
30th March 2013 From India, Thiruvananthapuram
I do agree with Mr. Varghese, if your company has a panel doctor who can justify the ill health or you can get the fitness certificate from a government hospital e.g. Civil Hospital or its equivalent hospital who can or authorised to give certificate about the illness which can be a hindrance in the employment can be terminated.
5th April 2013 From India, Ahmadabad
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