Dear CitiHR Members,
I have facing one situation as below:
One of my family member works as Plant Head in private company (its partnership firm).
He got a stroke attack in company premises due to High BP. Company people admitted him at hospital.
They have not supported for financial help due to members has his personal mediclaim policy.
After paying hospital bill and submitted to insurance company, it sanctioned only 60% of total bill.
After 2 months, as per doctors and physiotherapist advice he started to go for work.
As per doctors and physiotherapist he is 90% OK. (A left hand finger has some strength issue).
In the beginning for 1.5 month he worked only half day, company not paid him for the same.
When he started full day working, company’s director asked him that he is now not capable for work as Plant Head,
because this position required lot of work pressure and he is not in position to handle it, and cut down his salary by 50%.
My relatives given other works to do, but he is not expert in it. After 4 months company given letter of 1 month notice
Period stating that his performance is not upto the marks, so they terminated him from job.
Now, my query is that is it ethical and legal?
My relatives is young 45 years old, his family depend on him. How can he survive without job?
Kindly suggest for the next action.
Thanks in advance
From India, Mumbai
I have facing one situation as below:
One of my family member works as Plant Head in private company (its partnership firm).
He got a stroke attack in company premises due to High BP. Company people admitted him at hospital.
They have not supported for financial help due to members has his personal mediclaim policy.
After paying hospital bill and submitted to insurance company, it sanctioned only 60% of total bill.
After 2 months, as per doctors and physiotherapist advice he started to go for work.
As per doctors and physiotherapist he is 90% OK. (A left hand finger has some strength issue).
In the beginning for 1.5 month he worked only half day, company not paid him for the same.
When he started full day working, company’s director asked him that he is now not capable for work as Plant Head,
because this position required lot of work pressure and he is not in position to handle it, and cut down his salary by 50%.
My relatives given other works to do, but he is not expert in it. After 4 months company given letter of 1 month notice
Period stating that his performance is not upto the marks, so they terminated him from job.
Now, my query is that is it ethical and legal?
My relatives is young 45 years old, his family depend on him. How can he survive without job?
Kindly suggest for the next action.
Thanks in advance
From India, Mumbai
Under Bombay Shops and Establishment act go to your area Labor inspector. Under this they cannot make you leave unless there is a Reasonable Cause. for Maharashtra Shops and Establishment Act.
From India, Kolkata
180From India, Kolkata
Hi Surendra,
As per the company they are telling this position needs to handle more pressure, the employee has got stroke due to high BP, it means the employee has got lot of company pressure. So the employee can sue against the company for it, as he handled lot of pressure due to that he got these problem and the company should not sack the employee like this. It looks like the accident has happened because of the company pressure and the employee has got few disability due to company and for the same disability, the company is bound to pay the employee for his sickness which was happened due to taking more pressure.
Regards,
Chandrasekar
From India, Chennai
As per the company they are telling this position needs to handle more pressure, the employee has got stroke due to high BP, it means the employee has got lot of company pressure. So the employee can sue against the company for it, as he handled lot of pressure due to that he got these problem and the company should not sack the employee like this. It looks like the accident has happened because of the company pressure and the employee has got few disability due to company and for the same disability, the company is bound to pay the employee for his sickness which was happened due to taking more pressure.
Regards,
Chandrasekar
From India, Chennai
As plant manager, he does not come under the purview of labour department. Unfortunately in India, executive positions do not have the job security and there is no legislation to protect them. While labour class is protected by various legislations. My sincere advise would be to accept the reality and move on in life.
From Indonesia, Jakarta
From Indonesia, Jakarta
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No Due Certificate.doc
Termination-emp loyment_563.pdf