Dear HR friends, can anyone please help me to understand the procedure that must be followed according to Kerala Labour laws when terminating an employee who has been reported to have a mental disorder?
Regards,
Ratish M. Pillai
From India, Kochi
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Regards,
Ratish M. Pillai
From India, Kochi
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Suggesting ways to terminate anyone 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 following details:
1. What is the status of your establishment?
2. Under which Act is your establishment registered?
3. What is the labor strength of your firm?
4. Whether you are covered under the ESI Act and Employees' Compensation Act.
5. What are the past instances that caused such ill health, and how did you come to the conclusion of his mental ill health? Was it "in the course of employment" or something else?
6. Has any competent authority testified to his present condition, and is it unlikely that he would ever become normal?
7. How many years of service has he rendered in your firm?
Please provide any other relevant information.
Regards,
Kumar S.
From India, Bangalore
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3761. What is the status of your establishment?
2. Under which Act is your establishment registered?
3. What is the labor strength of your firm?
4. Whether you are covered under the ESI Act and Employees' Compensation Act.
5. What are the past instances that caused such ill health, and how did you come to the conclusion of his mental ill health? Was it "in the course of employment" or something else?
6. Has any competent authority testified to his present condition, and is it unlikely that he would ever become normal?
7. How many years of service has he rendered in your firm?
Please provide any other relevant information.
Regards,
Kumar S.
From India, Bangalore
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Termination Due to Mental Ill-Health in Kerala
There is no special labor law in Kerala to terminate an employee due to mental ill-health. If the employee is a workman, he can be terminated for continued ill health. If he is not a workman, he can be terminated according to the terms of employment. In the former case, the continuity of the disease has to be proven for a reasonable period of time.
Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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There is no special labor law in Kerala to terminate an employee due to mental ill-health. If the employee is a workman, he can be terminated for continued ill health. If he is not a workman, he can be terminated according to the terms of employment. In the former case, the continuity of the disease has to be proven for a reasonable period of time.
Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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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) that is authorized to provide a certificate regarding the illness that could hinder employment, termination may be considered.
From India, Ahmadabad
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From India, Ahmadabad
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