Type:Preventive Compliance
Frequency: Monthly
Action to be taken:
Ensure that no employee is dismissed or discharged during the period he/she is in receipt of maternity/sickness/temporary disablement benefit, or is under medical treatment or is absent from work as a result of illness duly certified or due for pregnancy or any confinement rendering the employee unfit for work.
If the conditions of service of an employee so allow, an employer may discharge or reduce the notice of an employee under any of the circumstances listed in Regulation 98.
Audit Requirement:Have no Employees been discharged or dismissed during a period of illness or physical disability ?
Supporting Documents:Details of any such cases
Related Triggers:
Discharge or Dismissal Of Employee
Disciplinary Action Against An Employee
Related Keywords:
Discipline, Disciplinary Action
Dismissal, Discharge, Termination
Employee Leaving The Company
ESI (Employee State Insurance)
Related Sections:
Employee State Insurance Act, 1948
Chapter:Benefits|
73:Employer not to dismiss or punish employee during period of sickness, etc.:
(1) No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or other wise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work.
(2) No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall be valid or operative.
Employee State Insurance (General) Regulations, 1950
Chapter:Miscellaneous|
98:Discharge , etc., of employee under certain conditions:
If the conditions of service of any employee so allow, an employer may discharge or reduce on due notice an employee-
(i) who has been in receipt of disablement benefit for temporary disablement, after he has been in receipt of such benefit for a
continuous period of six months or more ;
(ii) who has been under medical treatment for sickness or has been absent from work as a result of illness duly certified in accordance with these regulations to arise out of the pregnancy or confinement rendering the employee unfit for work, after the employee has been under such treatment or has been absent from work for a continuos period of six months or more;
(iii) who has been under medical treatment for any of the following diseases, duly certified in accordance with these regulations, after the employee has been under such treatment for a continuous period of 18 months or more, notwithstanding provisions of clauses (i) and (ii):
I. INFECTIOUS DISEASES
1. Tuberculosis
2. Leprosy
3. Chronic Empyema
4. Bronchiectasis
5. Interstitial Lung Disease
6. AIDS
II. NEOPLASMS
7. Malignant Diseases
III. ENDOCRINE NUTRITIONAL AND METABOLIC DESIRES
8. Diabetes mellitus and proliferative retinopathy/diabetic foot/nephropathy
IV. DISORDERS OF NERVOUS SYSTEM
9. Monoplegia
10. Hemiplegia
11. Paraplegia
12. Hemiparesis
13. Intracranial Space Occupying Lesion
14. Parkinsons Disease
15. Spinal Cord Compression
16. Myasthenia Gravis/Neuromuscular Dystrophies
V. DISEASES OF THE EYE
17. Immature Cataract with vision 6/6 or less
18. Detachment of Retina
19. Glaucoma
VI. DISEASES OF THE CARDIOVASCULAR SYSTEM
20. Coronary Artery Disease
(a) Unstable Angina
(b) Myocardial infraction with ejection less than 45%
21. Congestive Heart Failure:
Left
Right
22. Cardiac Valvular Diseases with failure/complications
23. Cardiomyopathies
24. Heart Diseases with Surgical Intervention along with complications
VII. CHEST DISEASES
25. Chronic Obstructive Lung Disease (COPD) with congestive heart failure
VIII. DISEASES OF THE DIGESTIVE SYSTEM
26. Cirrhosis of liver with ascities/chronic active hepatitis
IX. ORTHOPAEDIC DISEASES
27. Dislocation of vertebra/prolapse of intervertebral disc
28. Non-union or delayed union of fracture
29. Post Traumatic Surgical amputation of lower extremity
30. Compound Fracture with chronic ostemyelitis
X. PSYCHOSES
31. Sub-groups under this are listed for clarification
(a) Schizophrenia
(b) Endogenous Depression
(c) Manic Depressive psychosis
(d) Dementia
XI. OTHERS
32. More than 20% burns with infection/complication
33. Chronic Renal Failure
34. Reynauds Disease/Burgers Disease
