I would like to understand the labor laws and different ways management approaches employees who fall ill and cannot come to work for longer periods, i.e., from 6-8 months, or cases where an employee meets with an accident, gets temporarily disabled, is covered under a Group Accident policy, and cannot come to work. Does management pay wages? Are there any labor laws that govern him?
Let me know.
Regards,
Manasi
From Canada, Markham
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Let me know.
Regards,
Manasi
From Canada, Markham
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Termination and Compensation Under the Andhra Pradesh Shops and Establishments Act
The Andhra Pradesh Shops and Establishments Act includes provisions regarding the termination of services and compensation for employees.
Conditions for Terminating Services
1. No employer shall terminate the service of an employee who has been in continuous employment for not less than six months without a reasonable cause. The employer must provide at least one month's notice in writing or wages in lieu thereof. For employees with continuous employment of not less than one year, a service compensation amounting to fifteen days' average wages for each year of continuous employment is required. Termination must be in writing, and a copy of the termination order should be furnished to the Inspector within three days.
2. An employee's services shall not be terminated if they have made a complaint to the Inspector regarding denial of benefits under any labor welfare enactment applicable to the establishment, or during the pendency of such a complaint. Termination for misconduct is only permissible for prescribed acts or omissions.
3. Employees with continuous service of not less than one year are eligible for service compensation of fifteen days' average wages per year of continuous employment upon voluntary cessation of work after 60 years of age, resignation, certified physical or mental infirmity, or death/disablement due to accident or disease. Completion of one year of continuous service is not necessary if termination is due to death or disablement. In the event of an employee's death, compensation is payable to the nominee or legal heir.
4. Employees entitled to service compensation are eligible to receive wages from the date of termination until the compensation is paid.
5. Service compensation does not apply if the employee is entitled to gratuity under the Payment of Gratuity Act, 1972, and gratuity has been paid.
6. If an employee is suspended pending an inquiry into grave misconduct, the employer must pay a subsistence allowance of fifty percent of the last drawn wage for the first six months and seventy-five percent beyond six months. The suspension period should not exceed one year. If misconduct is not established or the suspension exceeds one year, the employee is entitled to full wages during the suspension, and the period is treated as on duty.
Explanation
1. The term "employee" includes part-time employees.
2. "Average wages" means the daily average of wages for the days worked during the thirty days preceding termination.
3. "Wages" do not include overtime wages.
4. An employee is deemed to have continuous employment for not less than six months if they worked at least 120 days in the six months preceding termination.
5. A fraction of a year of employment is counted as a year if it is not less than a half-year.
6. Service compensation is forfeited for termination due to willful damage or loss caused by the employee.
7. "Disablement" means incapacitation for work previously performed due to accident or disease.
An employee aged sixty or physically/mentally unfit, as declared by a Registered Medical Practitioner, may retire or resign after giving fifteen days' notice. Failure to give notice results in forfeiture of service compensation for fifteen days.
Regards,
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
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204The Andhra Pradesh Shops and Establishments Act includes provisions regarding the termination of services and compensation for employees.
Conditions for Terminating Services
1. No employer shall terminate the service of an employee who has been in continuous employment for not less than six months without a reasonable cause. The employer must provide at least one month's notice in writing or wages in lieu thereof. For employees with continuous employment of not less than one year, a service compensation amounting to fifteen days' average wages for each year of continuous employment is required. Termination must be in writing, and a copy of the termination order should be furnished to the Inspector within three days.
2. An employee's services shall not be terminated if they have made a complaint to the Inspector regarding denial of benefits under any labor welfare enactment applicable to the establishment, or during the pendency of such a complaint. Termination for misconduct is only permissible for prescribed acts or omissions.
3. Employees with continuous service of not less than one year are eligible for service compensation of fifteen days' average wages per year of continuous employment upon voluntary cessation of work after 60 years of age, resignation, certified physical or mental infirmity, or death/disablement due to accident or disease. Completion of one year of continuous service is not necessary if termination is due to death or disablement. In the event of an employee's death, compensation is payable to the nominee or legal heir.
4. Employees entitled to service compensation are eligible to receive wages from the date of termination until the compensation is paid.
5. Service compensation does not apply if the employee is entitled to gratuity under the Payment of Gratuity Act, 1972, and gratuity has been paid.
6. If an employee is suspended pending an inquiry into grave misconduct, the employer must pay a subsistence allowance of fifty percent of the last drawn wage for the first six months and seventy-five percent beyond six months. The suspension period should not exceed one year. If misconduct is not established or the suspension exceeds one year, the employee is entitled to full wages during the suspension, and the period is treated as on duty.
Explanation
1. The term "employee" includes part-time employees.
2. "Average wages" means the daily average of wages for the days worked during the thirty days preceding termination.
3. "Wages" do not include overtime wages.
4. An employee is deemed to have continuous employment for not less than six months if they worked at least 120 days in the six months preceding termination.
5. A fraction of a year of employment is counted as a year if it is not less than a half-year.
6. Service compensation is forfeited for termination due to willful damage or loss caused by the employee.
7. "Disablement" means incapacitation for work previously performed due to accident or disease.
An employee aged sixty or physically/mentally unfit, as declared by a Registered Medical Practitioner, may retire or resign after giving fifteen days' notice. Failure to give notice results in forfeiture of service compensation for fifteen days.
Regards,
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
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