Layoff of employee with workplace injury health issue
2 months ago
My friend was employed in world's most valuable software company for more than 2 decades. In 2016 he had to travel to a remote place for work. When he went there he contracted a very rare disorder with an unknown bacteria that impacted his intestine. He lost the ability and he developed various other health issues. Since the disability happened at work, the company supported him with workplace injury policy and even enabled travel abroad to find the cause. Unfortunately, nobody could diagnose the problem and the person lost his pancreas and kidney. It was classified as suspected NET. This is a very debilitating condition, but since my friend was a software engineer and only needed his brain, he kept working quitting food and losing 30KGs. Now the company laid him off last year even though his condition is undiagnosed and he was under workplace injury cover whenever he was sick. My friend cannot get an insurance to import medicines. But, without a job, he cannot get any personal insurance . What are his rights in India? How can he claim his right to employment and insurance because the health issue happened at work and it is still not diagnosed?
A.Dear Client,
Section 2(oo) of the Industrial Dispute Act, 1947 defines retrenchment as the termination of a workman's service by the employer for any reason other than disciplinary action. Exceptions include voluntary retirement, superannuation, non-renewal of the employment contract, and termination due to continued ill-health. Section 25F outlines conditions an employer must meet before retrenching an employee, including providing notice, compensation, and notifying the appropriate government.
Unlike the notice requirements in Section 25F, Section 25N mandates employers to seek prior permission from the State Government for retrenchment. If facing arbitrary termination, especially as a defined workman under Section 2(s) of the Industrial Dispute Act, it is advised to issue a legal notice protesting the action. If you are not a Manager/Supervisor, file a complaint with the State Labour Commissioner and concurrently submit an application under Section 33C(2) of the Act before the Labour Court for claiming dues. If you hold a managerial position, file a civil suit before the Civil Court for appropriate relief.
Section 2(oo) of the Industrial Dispute Act, 1947 defines retrenchment as the termination of a workman's service by the employer for any reason other than disciplinary action. Exceptions include voluntary retirement, superannuation, non-renewal of the employment contract, and termination due to continued ill-health. Section 25F outlines conditions an employer must meet before retrenching an employee, including providing notice, compensation, and notifying the appropriate government.
Unlike the notice requirements in Section 25F, Section 25N mandates employers to seek prior permission from the State Government for retrenchment. If facing arbitrary termination, especially as a defined workman under Section 2(s) of the Industrial Dispute Act, it is advised to issue a legal notice protesting the action. If you are not a Manager/Supervisor, file a complaint with the State Labour Commissioner and concurrently submit an application under Section 33C(2) of the Act before the Labour Court for claiming dues. If you hold a managerial position, file a civil suit before the Civil Court for appropriate relief.
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A.Dear Client,
Section 2(oo) of the Industrial Dispute Act, 1947 states that “retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include – (a) voluntary retirement of the workman or (b) retirement of the workmen on reaching the age of superannuation, (bb) termination of the service of the workman as a result of the non-renewal of the contract of employment, (c) termination of the service of a workman on the ground of continued ill-health. Section 25F of the ID Act provides for the employer to fulfill certain conditions before retrenching any employee. It states that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice, (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. The condition given under section 25F(c) states requires the employer to give notice to the appropriate government in addition to the other two conditions. Further, unlike notice requirements of section 25F, the employer is required under Section 25N to make an application along with the reasons for intended retrenchment to the State Government for seeking its prior permission to retrench the employee. Hence, a simple termination as per the contract of employment can prove disastrous in the event the termination is challenged by the employee before the Industrial Tribunal or Labour Court. So, in the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer citing the above proposition of relevant law and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal termination in violation of mandatory provisions of I D Act, reach out to the office of the State Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on illegal termination/treanchment. In case you are holding the position of Manager/Administrative officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
Section 2(oo) of the Industrial Dispute Act, 1947 states that “retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include – (a) voluntary retirement of the workman or (b) retirement of the workmen on reaching the age of superannuation, (bb) termination of the service of the workman as a result of the non-renewal of the contract of employment, (c) termination of the service of a workman on the ground of continued ill-health. Section 25F of the ID Act provides for the employer to fulfill certain conditions before retrenching any employee. It states that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice, (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. The condition given under section 25F(c) states requires the employer to give notice to the appropriate government in addition to the other two conditions. Further, unlike notice requirements of section 25F, the employer is required under Section 25N to make an application along with the reasons for intended retrenchment to the State Government for seeking its prior permission to retrench the employee. Hence, a simple termination as per the contract of employment can prove disastrous in the event the termination is challenged by the employee before the Industrial Tribunal or Labour Court. So, in the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer citing the above proposition of relevant law and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal termination in violation of mandatory provisions of I D Act, reach out to the office of the State Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on illegal termination/treanchment. In case you are holding the position of Manager/Administrative officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
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