What legal action can be taken against illegal termination?

Can a company terminate an employee if he is admitted to a hospital even if the employee has proof of his hospitalization?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 12 Feb 2025

No a company cannot terminate an employee solely becasues they are admitted to the hospital if he has valid proof of hospitalization and this would considered s discriminatory to the labour laws and if an employer does such action he shall be liable under the employment act and the employee can file a complaint to the tribunal for such a discriminatory act .

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 03 Feb 2025

A company cannot terminate an employee only on the grounds of his hospitalization if the employee provides valid proof. The termination of such nature can be considered wrongful dismissal and it is violative of employment contracts, policies of the company, and labor laws. I would suggest you to check the employment contract and HR policies to know the sick leave entitlements of employees. The unfair termination can be challenged through a legal notice to the employer. In such circumstances approach your lawyer who will guide you in issuing legal notice and legal proceedings.

Admin
Advocate By LEAD INDIA Answered: 01 Feb 2025

Sir, company cannot terminate an employee simply because they are hospitalized, especially with proof of hospitalization. Employees are typically protected by labor laws, such as the Industrial Disputes Act, and company policies regarding medical leave. If terminated unfairly, then an employee can send a legal notice with the help of an expert lawyer who will assist you in filing a complaint with the labor commissioner or approach a labor court. For further legal assistance contact us on our helpline number.
 

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