Dear Sir/Madam,
I am working at a company as an HR. Currently, I am on medical leave with a medical certificate, and I have 45 PL leave balance in my account. The employer wants to terminate me. Can the company terminate me in this case? Please advise.
Regards,
Dev Raj
Location: Mundra, India
Tags: medical leave, Country-India, City-India-Mundra
From India, Mundra
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I am working at a company as an HR. Currently, I am on medical leave with a medical certificate, and I have 45 PL leave balance in my account. The employer wants to terminate me. Can the company terminate me in this case? Please advise.
Regards,
Dev Raj
Location: Mundra, India
Tags: medical leave, Country-India, City-India-Mundra
From India, Mundra
Acknowledge(0)Amend(0)
Legal Aspects
In India, labor laws protect employees on medical leave with valid medical certificates. Employers must adhere to these laws when considering termination during such circumstances. The Industrial Employment (Standing Orders) Act, 1946, and other relevant legislation provide guidelines for termination, especially when an employee is on medical leave.
Practical Response
1. [Icon] Review Company Policies: Examine your company's HR policies and employment contract to understand the grounds for termination while on medical leave. Look for clauses related to termination during medical absences.
2. [Icon] Consult HR Department: Discuss the situation with your HR department to gain clarity on the reasons behind the termination decision. Seek an explanation for the termination proposal despite your medical leave status and available leave balance.
3. [Icon] Seek Legal Advice: If you believe the termination is unjust or violates labor laws, consider consulting with a legal professional specializing in labor laws. They can provide guidance on your rights and potential courses of action.
4. [Icon] Negotiate with Employer: Initiate a dialogue with your employer to express your willingness to return to work once medically fit. Negotiate for a resolution that benefits both parties and ensures fair treatment.
5. [Icon] Document Communication: Keep records of all interactions with the employer regarding the termination issue, including emails, letters, or meeting minutes. Documentation can be crucial in case of legal proceedings.
Key Consideration
While the company may have the right to terminate employees under certain circumstances, including performance issues or organizational restructuring, terminating an employee solely based on medical leave can be legally questionable. It's essential to assess the situation comprehensively and seek appropriate guidance to safeguard your rights as an employee.
Remember, seeking professional legal advice tailored to your specific circumstances is crucial for a precise understanding of your rights and options in this scenario.
From India, Gurugram
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74In India, labor laws protect employees on medical leave with valid medical certificates. Employers must adhere to these laws when considering termination during such circumstances. The Industrial Employment (Standing Orders) Act, 1946, and other relevant legislation provide guidelines for termination, especially when an employee is on medical leave.
Practical Response
1. [Icon] Review Company Policies: Examine your company's HR policies and employment contract to understand the grounds for termination while on medical leave. Look for clauses related to termination during medical absences.
2. [Icon] Consult HR Department: Discuss the situation with your HR department to gain clarity on the reasons behind the termination decision. Seek an explanation for the termination proposal despite your medical leave status and available leave balance.
3. [Icon] Seek Legal Advice: If you believe the termination is unjust or violates labor laws, consider consulting with a legal professional specializing in labor laws. They can provide guidance on your rights and potential courses of action.
4. [Icon] Negotiate with Employer: Initiate a dialogue with your employer to express your willingness to return to work once medically fit. Negotiate for a resolution that benefits both parties and ensures fair treatment.
5. [Icon] Document Communication: Keep records of all interactions with the employer regarding the termination issue, including emails, letters, or meeting minutes. Documentation can be crucial in case of legal proceedings.
Key Consideration
While the company may have the right to terminate employees under certain circumstances, including performance issues or organizational restructuring, terminating an employee solely based on medical leave can be legally questionable. It's essential to assess the situation comprehensively and seek appropriate guidance to safeguard your rights as an employee.
Remember, seeking professional legal advice tailored to your specific circumstances is crucial for a precise understanding of your rights and options in this scenario.
From India, Gurugram
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Employment termination justified in case of long leave.pdf
Pre Medical Employment check.doc