Employee rights on medical ground
6 months ago
I am working in indian software MNC from october 2008 till date from 2008-2018 I was medically fit from 2018 I suffering from asthma, hip joint bone AVN disorder but this is not affecting my office work at all my office work performance is good so currently I am asking for work from home so can my employer terminate me for medical health
A.Dear Client
Review your company's policies and guidelines regarding remote work and medical conditions. Many companies have established procedures for accommodating employees with health issues, including the provision of flexible work arrangements.
Review your company's policies and guidelines regarding remote work and medical conditions. Many companies have established procedures for accommodating employees with health issues, including the provision of flexible work arrangements.
Helpful
Helpful
Share
A.Dear Client,
Typically, termination on the grounds of medical unfitness is ideally known as discharged on medical grounds that attracts some additional service-linked benefits to compensate the employee who is being discharged at the premature stage on the grounds of an adverse health condition that puts him or her in forced idleness. An employer cannot terminate the service of an employee outrightly for any reason other than proven misconduct taken as a measure of disciplinary action. Even in the absence of any expressed terms and conditions in your terms of employment, it is the implied condition and obligation on the part of an employer to compensate the outgoing employee who is forced to leave the service on a health issue other than any disciplinary action. Further, in case the disease or your medical unfitness arises out of the nature/style of employment or in the course of employment, then the employer is accountable for paying compensation to the employee as per the provision of the Employee Compensation Act, 1023. Section 3 of the Act states that for any personal injury caused to an employee while discharging his duty in the course of his employment, the employer shall be subject to reimbursement of the appropriate compensation. The occupational diseases are listed in Schedule - III, Part-A, B, and C under Sec.3 of the Act and factors for working out lump sum compensation in case of permanent disablement and death arising out of occupational diseases are mentioned in Schedule IV under Sec.4 of the Act. A list of persons who are included in the definition of employee is mentioned in Schedule II under Sec.2(1)(dd) of the Act. Amongst others, Occupational asthma is caused by recognized sensitizing agents inherent to the work process is listed as an occupational disease and mentioned in Sl. No.18, Part - B of Schedule III. So, when you are not facing any health problems affecting your job, you need not worry about discharge from service on medical ground until and unless your health issue is declared as occupational disease under the governing Act.
Typically, termination on the grounds of medical unfitness is ideally known as discharged on medical grounds that attracts some additional service-linked benefits to compensate the employee who is being discharged at the premature stage on the grounds of an adverse health condition that puts him or her in forced idleness. An employer cannot terminate the service of an employee outrightly for any reason other than proven misconduct taken as a measure of disciplinary action. Even in the absence of any expressed terms and conditions in your terms of employment, it is the implied condition and obligation on the part of an employer to compensate the outgoing employee who is forced to leave the service on a health issue other than any disciplinary action. Further, in case the disease or your medical unfitness arises out of the nature/style of employment or in the course of employment, then the employer is accountable for paying compensation to the employee as per the provision of the Employee Compensation Act, 1023. Section 3 of the Act states that for any personal injury caused to an employee while discharging his duty in the course of his employment, the employer shall be subject to reimbursement of the appropriate compensation. The occupational diseases are listed in Schedule - III, Part-A, B, and C under Sec.3 of the Act and factors for working out lump sum compensation in case of permanent disablement and death arising out of occupational diseases are mentioned in Schedule IV under Sec.4 of the Act. A list of persons who are included in the definition of employee is mentioned in Schedule II under Sec.2(1)(dd) of the Act. Amongst others, Occupational asthma is caused by recognized sensitizing agents inherent to the work process is listed as an occupational disease and mentioned in Sl. No.18, Part - B of Schedule III. So, when you are not facing any health problems affecting your job, you need not worry about discharge from service on medical ground until and unless your health issue is declared as occupational disease under the governing Act.
Helpful
Helpful
Share
Read Related Answers
Accountant in a production house
Dear Client,
The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
Not paid the April month salary
Dear Client,
In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
Salary deduction for not serving notice period
Dear Client,
It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
Less Full and final settlement
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client,
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
