Terminating a Worker on Medical Grounds in a Unionized Setting: Is It Possible and What Labor Code Applies?

Termination of a Worker on Medical Grounds in a Unionized Organization

Is it possible to terminate a worker in a unionized organization on medical grounds if the worker's health is preventing them from contributing to the organization? Which labor code covers this?

If he has been absent due to ill health continuously, you can terminate him after giving him sufficient opportunities to be heard. His medical unfitness is not a ground for his continuance in service.

You may also refer to the discussion on this site: https://www.citehr.com/627289-termin...ml#post2462165. Please let me know if you need any further assistance.

Procedure for Terminating a Workman Due to Continuous Ill Health

What procedure is the employer supposed to follow when terminating the services of a workman on the grounds of continuous ill health?

Constituting a Medical Board for Employee Assessment

You may constitute a Medical Board comprising 3-4 doctors from the local area and direct the employee to present themselves with all medical records for assessment of their suitability. The Medical Board should be provided with a self-explanatory note, including the medical history of the employee. Based on the medical opinion rendered by the Board, a decision regarding the case can be made, and an appropriate order issued.

If the worker is covered under the ESI Act, then you may request the Medical Officer, ESI, to refer their case to the medical board for an opinion. Based on the opinion, you may initiate action.