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Amit Kumar Misra   01 January 2022

Death of emploee due to cheating in written by company

A MNC lies to an indian employee about health and safety in an African country ,the employee gets posted there and catches a pandemic there which later causes his death in india. under what sections the company can be framed?


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     01 January 2022

"Transfer" is at the discretion of the employer, and the employee has to take precautions for his health,  TRANSFER is not a punishment, and the employee has the option to resign if he is unwilling.  Contact a local advocate for exploring such cheating by MNC with such documents and convince him to take up the case if he finds truth of such cheating.

Dr J C Vashista (Advocate)     02 January 2022

I agree with expert Mr. GLN Prasad that transfer is not a punishment but policy and requirement of employer, for which the employee had accepted terms and conditions of appointment/ employment (including transfer and posting)

The employee was posted in Africa for picking up pendamic only ? Is it so ? 

How does it attract the provisions of cheating upon the employee ?

 

P. Venu (Advocate)     02 January 2022

The special facts, as posted, are of no consequence. The employee can get the death benefits as provided by the terms of employment.


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