Hi All,
An employee working in a pharma company encountered with an accident 7 to 8 months outside the office premises. hence he could not work and still under bed rest. Organisation has even helped the employee by paying certain money for expenses towards the employees's health. Now organisation wants to take the employee out form its payroll and appoint a replacement. In this regard I request you all to provide me the prescribed suggestions which is legally enforceable.
Looking forward to your valuable suggestions.
From India, Bangalore
An employee working in a pharma company encountered with an accident 7 to 8 months outside the office premises. hence he could not work and still under bed rest. Organisation has even helped the employee by paying certain money for expenses towards the employees's health. Now organisation wants to take the employee out form its payroll and appoint a replacement. In this regard I request you all to provide me the prescribed suggestions which is legally enforceable.
Looking forward to your valuable suggestions.
From India, Bangalore
If an employee is covered under the definition of workman as. defined under section 2 of the Industrial Disputes Act, then termination due to absence on account of 7 or 8 months bed rest, does not appear to be reasonable and will be set aside by labour court, if so challenged. Even if employee is not a workman, yet since he is working in Karnataka, he will be governed by Karnataka shops and commercial establishment Act, 1961 and under section 39 thereof, termination can be for reasonable cause only. You may challenge such termination before the appellate authority laid down under the Act.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
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