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Procedure to terminate workman on grounds of ill health
22-Aug-2023 (In Labour & Service Law)
The employer is covered under Shops and Establishment Act. The workman has put in more than 5 years of service, and is either continually absent due to ill health and is keeping the employer informed, or when he attends work then he is unable to perform any task because of ill health. What is the procedure by which the employer can terminate his services legally. Which Act & clause provides for the same?
Dear Concern, please take note of following -
1. A workman is defined under Industrial Disputes Act. His nature of job and rights are prescribed under the labour and industrial laws of India.
2. Howver his job assignment gets defined by the employer its only the category (unskilled, semi skilled and skilled) which is defined under the law. So is the case with his departure. If there is a prescribed norm of the company through which they show the exit door of the company to any non performing employee then please follow the same for this case also.
3. While showing the exit door, employer has to insure that he gives all dues to the concern employee, his gratuity and PF, compensation against any remaining leave and experience letter.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Hi,
In the light of the above, the proper procedure and the most common procedure of terminating the employee is by giving a prior one month notice. However, if you want to terminate the employee with immediate effect, it can be done by paying one month salary in lieu of notice period.
I can provide the proper format of notice to be given and also can assist you in subsequent procedures and line of action.
For any clarification or assistance, you can feel free to consult me.
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Adv. Shivee Pandey
Delhi | 25+ Answers
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Hello,
Please call us @ 9818097236, so that we can discuss the matter in detail. or visit us @ Rohit Agarwal, Advocate, J-132, 2nd Floor, Rajouri Garden, New Delhi - 110027
http://bit.ly/Advocate-Rohit-Agarwal
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Adv. Rohit Agarwal
Delhi | 25+ Answers
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