Dear Experts Whether an employee can be discharged for the reason of 75% of permanent disablement due to an accident outside of the employment...if what would the formalities to be complied of.
From India, Mumbai
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25From India, Mumbai
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There is no question of payment of any compensation since the accident happened not while on duty or in connection with employment. A total permanent disability will come under section 2(oo)(c) of the Industrial Disputes Act. As such, it is not retrenchment attracting formalities as laid down in section 25F of the Act, which says that no employee shall be retrenched without giving notice of one month and paying compensation at the rate of 15 days' salary for every year of service. But even if the employee has not completed the required five years of service, gratuity should be paid, which is equal to 15 days' salary for every year of service.
From India, Kannur
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From India, Kannur
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Thank you very much, Shri T K Madhu sir. Your views on this matter would help us to move further. We will go by Sec 2(oo)(c) of the ID Act. In fact, the employee will be paid compensation considering his remaining period of service, which is less than 10 years.
V. Sridhar
From India, Mumbai
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V. Sridhar
From India, Mumbai
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