Labour law.

shivraj (Querist) 25 December 2008 This query is : Resolved
As an employer I am an owner of private company and one of my employee now contaminated of HIV+, I want to remove her. How? Will it be violation of any fundamental rights? Any company act, labour law helps me?can character be ground for termination.

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Rajesh Kumar (Expert) 26 December 2008
There must not be any discrimination on this ground. It is illegal.

Prof. Dr. Amaresh Kumar (Expert) 26 December 2008
Being HIV+ does not mean that she may be blamed like character assignation as you had thought. Look to her work and if she is capable of discharging her work efficiently. Please do not panic for her being HIV+. HIV is not a communicable disease. More or less according to me the foreign business firms have made it havoc just to mint the money. Please be generous and do not do illegal act.

Prof. AMARESH KUMAR
Academic Lawyer
Supreme Court of India

RAKHI BUDHIRAJA ADVOCATE (Expert) 26 December 2008
I do agree with my both friends.There must not be any discrimination on this ground. It is illegal.

Adv.Shine Thomas (Expert) 26 December 2008
There is any loss in the earning capacity of the employee due to this disease,it will not be illegal.

Tribhuwan Pandey (Expert) 26 December 2008
As per above suggestions I do agree you cannot discriminate on this ground.
Where the company's work effects regularly due to her illness, then you may remove the employees.

Only on the ground that she is HIV+ you cannot remove.

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