Hi All, An employee working in a pharma company encountered an accident 7 to 8 months ago outside the office premises. Hence, he could not work and is still under bed rest. The organization has even helped the employee by paying a certain amount of money for expenses towards the employee's health. Now, the organization wants to remove the employee from its payroll and appoint a replacement. In this regard, I request you all to provide me with the prescribed suggestions that are legally enforceable. Looking forward to your valuable suggestions.
From India, Bangalore
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From India, Bangalore
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Termination of Employment Due to Extended Absence
If an employee is covered under the definition of a workman as defined under Section 2 of the Industrial Disputes Act, then termination due to absence on account of 7 or 8 months of bed rest does not appear to be reasonable and will be set aside by the labor court if so challenged. Even if the employee is not a workman, since he is working in Karnataka, he will be governed by the Karnataka Shops and Commercial Establishments Act, 1961. Under Section 39 thereof, termination can be for a reasonable cause only. You may challenge such termination before the appellate authority laid down under the Act.
Thanks,
Sushil
From India, New Delhi
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225If an employee is covered under the definition of a workman as defined under Section 2 of the Industrial Disputes Act, then termination due to absence on account of 7 or 8 months of bed rest does not appear to be reasonable and will be set aside by the labor court if so challenged. Even if the employee is not a workman, since he is working in Karnataka, he will be governed by the Karnataka Shops and Commercial Establishments Act, 1961. Under Section 39 thereof, termination can be for a reasonable cause only. You may challenge such termination before the appellate authority laid down under the Act.
Thanks,
Sushil
From India, New Delhi
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