Can we terminate any union staff? He is not coming to office since last 8 months - CiteHR
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What is the process if he is not covered under ESI? means if he exceeds the maximum ceiling of 21000? how we can terminate him?
If Management could get any documentary proof / photo evidence that the union member has been attending to activities of union or personal business or attending to other celebrations/ meetings during his ESI leave, then issue him a letter with a copy to ESI about his active role in public when he was ESI sick leave and can direct him to report for work within a specific date, failing which he may be informed that he is not interested in the job and accordingly he may be deemed to left his employment. Then issue him a charge sheet and conduct a domestic enquiry, adducing evidence by a presenting officer, and decide the case accordingly.
First of all agreed with Meera that ESIC issued certificate instead of letter. The Letter which is mentioned here must be scrutinized by HR department of the establishment from ESIC if found fake then go with the process issue notice chargsheet him conduct inquiry then terminate him.
Information is required
1)whether the employee met with accident while commuting between home and workplace or not.
If not
2) Management has the option to advise the employee to undergo medical examination if we have a company doctor.
3) Otherwise, he may be advised to undergo the medical examination in govt hospital / independent doctor and obtain the opinion.
Accordingly, if he is found unfit for any gainful employment in the organisation then only termination can be thought of. However, a notice can be issued mentioning the absenteeism of the employee and its impact on the business. depending on the reply and facts with regard to the health condition of the employee. Call may be taken by the management.

Dear Takur,
You cannot terminate an employee on his ESIC leave. If he is giving proper chanel esic leave approved slip to your office means , you cannot do all of sudden.
Please issue showcase notice with intimating Total working days + Present days + ESI leave ,
Get the explanation in writing ,
Issue charge sheet with mentioning Standing order clause
Issue enquiry inimation letter with enquiry officer name and venue of enquiry.
If the Said TU leader is protected workmen Section 33 ( ID Act ) follow the procedures .
After conducting the enquiry you can terminate him if it found guilty.
If already an ID exist in his name please follow Section 33(2)(b)

Once a person is under ESI medial/sickness treatment , sec.73 of ESI act impose a bar on the employer not to terminate his service. Such termination would be illegal.
So, first of all , employer need to bring such person out of ESI sickness certificate, and for that you can contact the ESI doctor concerned, ask him the details of sickness and treatment provided by ESI and expected time of sickness. You can also mark such communication to Medical Director of the state. This will build pressure on ESI medical doctor. If the sickness certificate is being procured on false grounds, in all probabilities, doctor will stop issuing further certificate and give him the fitness certificate.If the sickness is genuine, you need to wait.
Once ESI issues him fitness certificate, and even then he do not join, then he can be put to disciplinary proceedings for unauthorised absence.

There is no direct linkage between Union and Sick leave OFFICIALLY. Take higher management into confidence and treat employee like any one else. Empathy should guide you to take any legal recourse
Yes any employees may be discharged/terminated after following prescribed preconditions.After all compliance of disciplinary requirements is applicable to all employees. Even the protected workmen may be subject to disciplinary actions.
Union member is not immune from any proceedings or disciplinary action. There are a number of judgments on that issue. Therefore you can conduct a disciplinary enquiry against him for unauthorised absenteeism and dismiss him from services.
Dear Fellow colleague,
I want to share my experience on the same subject, please collect the all ESIC sickness information slips and visit to ESIC Regional office and submit a letter about this incident along with copy of all sickness formats.
Please collect the information about medical referee from the ESIC Regional office.
You can demand the employee to meet the Medical referee and insist a medical certificate from him immediately.
Employee can't deny this process at any cost and two advantages from this process.
1. Your employee health condition will be re certified by the medical referee (if it is fake or real)
2. This document can be used as proof , at the time of conducting enquiry
Please try this method
Malathesha K S

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