Termination without reason of a disabled employee
7 months ago
What are my legal rights as a private sector employee (and a physically disabled person) if I am terminated from my employment in a manager role without reason?
Can I challenge the termination itself? Should the final settlement amount be governed by employment contract alone or does law specify it for managerial employees also?
A.Dear Client,
Disabled persons have the right to economic and social security and to a decent level of living. They have the right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation. The Rights for Persons with Disabilities Act 2016, which replaced PWD Act, 1995 is a piece of legislation that contains a number of rights and entitlements for people with disabilities. Since the Act calls for non-discrimination, it ensures equality and non-discrimination in all aspects of life, including education and employment. For the first time, the Act has a clear mandate for Private sector organizations. The Act mandates that all organizations must have an equal opportunity policy including coverage of benefits available under social security laws for people with disabilities and should display it on their website or at conspicuous places in their premises. If a physically disabled person holding the position of Manager in a company is terminated from service for no valid and cogent reason other than dismissal for proven misconduct, that amounts to illegal termination and attracts appropriate legal action against the Company. Section 21 of the Rights of Persons with Disabilities Act 2016 mandates that every establishment shall notify the Equal Opportunity Policy detailing measures proposed to be taken by it in pursuance of the provisions of Chapter IV in the manner as prescribed by the central govt. Chapter 16 of the Act highlights penalties for individuals who violate the provisions of this Act. It puts the onus on the officials of the company for any offense committed by the company. Any person who violates the provisions of the Rights of Persons with Disabilities Act or of any of its Rules for the first time will be punished with a maximum fine of INR 10,000/-. If the same person violates any provisions of the Act or any of its rules for the second time or more, the same will be punishable with a fine ranging between INR 50,000 to INR 5,00,000. Section 84 of the Act, provides for the setting up of special courts in each district for the speedy disposal of cases relating to violations of the rights of persons suffering from disabilities. So, exercising the right conferred under the Rights for Persons with Disabilities Act 2016, you need to challenge the illegal order of the Company terminating your service and holding the position of Manager, you have to file a civil suit against the Company praying for appropriate relief in the matter. Full and Final Settlement of dues on cessation of employment is usually governed by the terms and conditions of the contract of employment that must have equal opportunity and access to the benefits available under Social Security Laws. So, get in touch with an Advocate for guidance and steps.
Disabled persons have the right to economic and social security and to a decent level of living. They have the right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation. The Rights for Persons with Disabilities Act 2016, which replaced PWD Act, 1995 is a piece of legislation that contains a number of rights and entitlements for people with disabilities. Since the Act calls for non-discrimination, it ensures equality and non-discrimination in all aspects of life, including education and employment. For the first time, the Act has a clear mandate for Private sector organizations. The Act mandates that all organizations must have an equal opportunity policy including coverage of benefits available under social security laws for people with disabilities and should display it on their website or at conspicuous places in their premises. If a physically disabled person holding the position of Manager in a company is terminated from service for no valid and cogent reason other than dismissal for proven misconduct, that amounts to illegal termination and attracts appropriate legal action against the Company. Section 21 of the Rights of Persons with Disabilities Act 2016 mandates that every establishment shall notify the Equal Opportunity Policy detailing measures proposed to be taken by it in pursuance of the provisions of Chapter IV in the manner as prescribed by the central govt. Chapter 16 of the Act highlights penalties for individuals who violate the provisions of this Act. It puts the onus on the officials of the company for any offense committed by the company. Any person who violates the provisions of the Rights of Persons with Disabilities Act or of any of its Rules for the first time will be punished with a maximum fine of INR 10,000/-. If the same person violates any provisions of the Act or any of its rules for the second time or more, the same will be punishable with a fine ranging between INR 50,000 to INR 5,00,000. Section 84 of the Act, provides for the setting up of special courts in each district for the speedy disposal of cases relating to violations of the rights of persons suffering from disabilities. So, exercising the right conferred under the Rights for Persons with Disabilities Act 2016, you need to challenge the illegal order of the Company terminating your service and holding the position of Manager, you have to file a civil suit against the Company praying for appropriate relief in the matter. Full and Final Settlement of dues on cessation of employment is usually governed by the terms and conditions of the contract of employment that must have equal opportunity and access to the benefits available under Social Security Laws. So, get in touch with an Advocate for guidance and steps.
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A.Dear client,
Disabled workers are also protected by specific rules in relation to termination of their employment contract. As a general rule, their legal notice period is longer and in redundancy cases, when determining which employees must be dismissed, disabled workers are protected from such dismissal.
However, it is against the employee termination policy in India. The reasons need to be stated and the employees should be given the due chance to explain themselves.
You can send a legal notice to the employer in case of such unjust termination.
Disabled workers are also protected by specific rules in relation to termination of their employment contract. As a general rule, their legal notice period is longer and in redundancy cases, when determining which employees must be dismissed, disabled workers are protected from such dismissal.
However, it is against the employee termination policy in India. The reasons need to be stated and the employees should be given the due chance to explain themselves.
You can send a legal notice to the employer in case of such unjust termination.
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