I am facing a situation as described below:
One of my family members works as a Plant Head in a private company (a partnership firm). He suffered a stroke on the company premises due to high blood pressure. The company admitted him to the hospital but did not provide financial support because he had his own mediclaim policy. After paying the hospital bill and submitting it to the insurance company, only 60% of the total bill was sanctioned.
After two months, following the advice of doctors and a physiotherapist, he started going back to work. According to them, he is 90% okay, although he has some strength issues in a finger on his left hand. Initially, for 1.5 months, he worked only half days, and the company did not pay him for this period.
When he began working full days, the company's director informed him that he was no longer capable of handling the work pressure required for the Plant Head position, and they cut his salary by 50%. My relative was given other tasks to do, but he is not an expert in them. After four months, the company issued a one-month notice period letter, stating that his performance was not up to the mark, and subsequently terminated his employment.
Now, my query is whether this is ethical and legal. My relative is a young 45-year-old, and his family depends on him. How can he survive without a job? Kindly suggest the next action.
Thanks in advance.
From India, Mumbai
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One of my family members works as a Plant Head in a private company (a partnership firm). He suffered a stroke on the company premises due to high blood pressure. The company admitted him to the hospital but did not provide financial support because he had his own mediclaim policy. After paying the hospital bill and submitting it to the insurance company, only 60% of the total bill was sanctioned.
After two months, following the advice of doctors and a physiotherapist, he started going back to work. According to them, he is 90% okay, although he has some strength issues in a finger on his left hand. Initially, for 1.5 months, he worked only half days, and the company did not pay him for this period.
When he began working full days, the company's director informed him that he was no longer capable of handling the work pressure required for the Plant Head position, and they cut his salary by 50%. My relative was given other tasks to do, but he is not an expert in them. After four months, the company issued a one-month notice period letter, stating that his performance was not up to the mark, and subsequently terminated his employment.
Now, my query is whether this is ethical and legal. My relative is a young 45-year-old, and his family depends on him. How can he survive without a job? Kindly suggest the next action.
Thanks in advance.
From India, Mumbai
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Legal and Ethical Considerations in Employment Termination
As per the company, they are stating that this position requires handling more pressure. The employee suffered a stroke due to high blood pressure, indicating that the employee experienced a significant amount of pressure from the company. Therefore, the employee may have grounds to file a lawsuit against the company, as the health issues arose from the excessive pressure placed on them. The company should not terminate the employee in this situation. It appears that the incident occurred as a result of the pressure from the company, leading to the employee developing certain disabilities. Due to these disabilities caused by the company-induced pressure, the company is obligated to compensate the employee for their illness resulting from the stress.
Regards,
Chandrasekar
From India, Chennai
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1As per the company, they are stating that this position requires handling more pressure. The employee suffered a stroke due to high blood pressure, indicating that the employee experienced a significant amount of pressure from the company. Therefore, the employee may have grounds to file a lawsuit against the company, as the health issues arose from the excessive pressure placed on them. The company should not terminate the employee in this situation. It appears that the incident occurred as a result of the pressure from the company, leading to the employee developing certain disabilities. Due to these disabilities caused by the company-induced pressure, the company is obligated to compensate the employee for their illness resulting from the stress.
Regards,
Chandrasekar
From India, Chennai
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As plant manager, he does not come under the purview of the labor department. Unfortunately, in India, executive positions do not have the job security, and there is no legislation to protect them, while the labor class is protected by various legislations.
My sincere advice would be to accept the reality and move on in life.
From United+States, San+Francisco
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My sincere advice would be to accept the reality and move on in life.
From United+States, San+Francisco
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf