You have not provided the detail information about the workmen, to whom your management is wants to terminate for long absent. Now you are revealing the sickness is post accident of the workmen sometime back.
1. Whether the workmen met accident while on work or off work?
2. Whether the employee is a protected workmen or only the member of union?
3. What are the grounds/conditions laid down in your standing orders for termination?
4. The management should also pursue with ESI to know the facts of prolong illness.
5. Similarly, management need to discuss the matter with the Union before any action
The management can consider for terminate but should not be bounced back, if not done in proper manner.
From India, Mumbai
5891. Whether the workmen met accident while on work or off work?
2. Whether the employee is a protected workmen or only the member of union?
3. What are the grounds/conditions laid down in your standing orders for termination?
4. The management should also pursue with ESI to know the facts of prolong illness.
5. Similarly, management need to discuss the matter with the Union before any action
The management can consider for terminate but should not be bounced back, if not done in proper manner.
From India, Mumbai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf