Legal Question in Employment Law in India

I am Shiv charan bhargva ,age 30 yrs belong to Khetri nagar rajasthan.

For the last 2yrs 6 months I was working with a MNC TPSC India pvt. Limited Hydrabad

As a consultant on contract basis ,this contract was initially 2yrs after 4 months and then 8 months.

During this period I completed one of the big project of company .

After that company transferred me to one abroad site the location was Vietnam ,during my service in Vietnam after some time I got a jerk in my back bone at site, and below my neck to right shoulder it started a painful condition .

Initially pain was less after some time it increased ,on MRI testing of spinal cord it was found that it was due to misplacement of vertebral disk in spinal cord and the disk between the bones C5 & C6 got herniated.

The doctor advised me to take complete rest and physiotherapy along with medication the same was informed to site management ,I tried to continue at site but as work was fast on the site it was not possible to take rest so I didn�t get relief.

Finally after discussion with site management I decided to come back India for treatment and rest .after this site management arranged my tickets and I come back.

I started my treatment and informed to management that I will recover soon and rejoin after 15 days

But during this period company recruited another person to replace me and now management had planned to give me 1 month notice to terminate my services as they don�t want me .

Sir presently I am not physically fit I cannot search a new job in this very short notice period.

Contractually management is only need to give one month prior notice before terminating the contract.

I want to know can I make any legal claim to company ,as this happened at site only, again in this condition they are supposed to take care of me but they are terminating my services I will loose my single source of income .


Asked on 12/02/12, 3:41 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.12.2012

Dear Shiv Charan Bhargava,

You should carefully read through all the terms and conditions of your appointment related to medical benefits and compensation.

You will write to the Company if they have deviated from the terms and conditions of your contractual service. Even though your appointment is contractual, the Company is legally bound to pay for all your medical treatment since the problem arose whilst on duty. You should also take a medical certificate from the doctor ascertaining the extent of disablement and claim compensation accordingly. The Company also ought to have a Medical Insurance policy and a Worksman Compensation policy to protect all its employees in the event of a mishap or accident whilst on duty. You are also eligible for a suitable medical insurance claim from the Company. All the above points should be communicated to the HR Department of your Company with a copy to the Managing Director and your immediate boss seeking a reply from the Company within 15 days of your letter. If the Company fails to reply to your letter which is quite unlikely, serving a legal notice is advisable and strongly recommended.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for further on-line advice at [email protected])

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Answered on 12/02/12, 5:28 am


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