Section 143: Employment may be terminated on the ground of health

1) Where any labour becomes incapable of working as a result of physical or mental incapacitation or grievous hurt or injury, or it affects the work because of the long time required for medical treatment, the employer may, on the basis of a recommendation by a medical doctor, terminate the employment of such labour.

2) Notwithstanding anything contained in sub-section (1), the employment of any labour may not be terminated during the period he or she is undergoing treatment in a hospital because of any accident or occupational disease while performing the work specified by the employer or until one year from the date of commencement of his or her treatment at home if he or she is undergoing treatment at home, and the employer shall provide full remuneration during such a period.

Provided that the employer shall not be required to provide remuneration if the labour is entitled to receive the remuneration facility from the Social Security Fund for the period of treatment.

3) In the case of labourers who are not able to attend the work of the enterprise on the grounds of medical treatment circumstances other than that
set forth in sub-section (2), the employment of such a labour may not be terminated until six months.

Provided that this sub-section shall not be deemed to bar the removal from the service prior to that period if there is a clear recommendation by a medical doctor to the effect that the labour cannot return to work.

4) Notwithstanding anything contained in sub-section (1), in cases where the labour who is physically incapacitated or has sustained grievous hurt or injury can be engaged in any work suitable to the condition of his or her health, the employer shall engage such labour in work.