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Is it possible to terminate a worker in an unionized organisation on medical grounds if the worker’s health is keeping him from contributing to the organization? Which labour code covers this?
From India, Hyderabad
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If he has been absent due to ill health continuously, you can terminate him after giving him sufficient opportunities to be heard. His medical unfitness is not a ground for his continuance in service.
From India, Kannur
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You may also refer to the discussion in this cite >https://www.citehr.com/627289-termination-workman-medical-grounds-frequently-taking-leaves.html#post2462165<
From India, Madras
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Anonymous
18

What procedure Employer is supposed to follow while terminating the services of a workman on the ground of continuous ill health?
From India, Delhi
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KK!HR
1593

You may constitute a Medical Board comprising 3-4 doctors of the local area and direct the employee to present himself with all the medical records for assessment of his suitability. The Medical Board should be provided with a self-explanatory note including the medical history of the employee. Based on the medical opinion rendered by the Board, a decision regarding the case can be made and an appropriate order issued.
From India, Mumbai
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If the worker is covered under ESI Act, then you may request the Medical Officer, ESI , to refer his case to medical board for opinion. Based on the opinion you may initiate action.
From India, Madras
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