Hi to all, Please healp me by giving me answers. Regards, Ronak
From India, Vadodara
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From India, Vadodara
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Hi Ronak!
I have checked your previous posts. Though they are not clear, I can understand that you want to know something about ESIC and insurance for your employees. I suggest you put up a new post with more details.
- Hiten
From India, New Delhi
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32I have checked your previous posts. Though they are not clear, I can understand that you want to know something about ESIC and insurance for your employees. I suggest you put up a new post with more details.
- Hiten
From India, New Delhi
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Hi...!!
At present, I am working with a Pharma Company as an Asst. HRD. The company has more than 100 Medical Representatives in five states of India.
My questions are:
1. Is it necessary to provide insurance for all our employees? Currently, we only provide insurance for our confirmed employees.
2. Can you provide me with a brief overview of ESIC? For example, when is it applicable, and what is the procedure for ESIC?
3. If one of our employees dies during office hours due to a road accident, and the company has not taken any insurance for this employee, what compensation does the company have to pay according to labor law? (Assuming his gross salary is Rs. 10,000 per month)
4. Is it possible for the company to purchase insurance from a private insurance company instead of ESIC?
I hope my queries are clear now. Please respond to me regarding this matter.
Ronak Bhatt
From India, Vadodara
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At present, I am working with a Pharma Company as an Asst. HRD. The company has more than 100 Medical Representatives in five states of India.
My questions are:
1. Is it necessary to provide insurance for all our employees? Currently, we only provide insurance for our confirmed employees.
2. Can you provide me with a brief overview of ESIC? For example, when is it applicable, and what is the procedure for ESIC?
3. If one of our employees dies during office hours due to a road accident, and the company has not taken any insurance for this employee, what compensation does the company have to pay according to labor law? (Assuming his gross salary is Rs. 10,000 per month)
4. Is it possible for the company to purchase insurance from a private insurance company instead of ESIC?
I hope my queries are clear now. Please respond to me regarding this matter.
Ronak Bhatt
From India, Vadodara
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1. Is it necessary to take insurance for all our employees?
At present, we only insure our confirmed employees.
If your employee is always on official duty outside and is covered under ESIC, then it is not possible to take a separate policy. If they are not covered under ESIC, then it is possible to take a policy.
2. Could you please provide me with brief information regarding ESIC? For example, when is it applicable, and what is the procedure for ESIC?
If you want to learn more about ESIC, you can visit their website at www.esic.nic.in.
3. If one of our employees dies during office hours due to a road accident, and the company has not taken any insurance for this employee, what compensation does the company have to pay as per labor law? (Assuming their gross salary is Rs. 10,000 per month)
This situation falls under the Workmen's Compensation Act, 1923. I have attached the file regarding the same for your reference.
4. Is it possible for the company to obtain insurance from a private insurance company instead of ESIC?
According to the ESIC Act, if you have 10 or more employees, you are required to have an ESIC code. For those not covered under ESIC, you can take a separate policy. However, for those covered under ESIC, there is no need for an additional policy as they will receive benefits from ESIC in case of any incidents.
I hope this information is helpful.
Regards,
RAJNISH SAPRA
From India, Delhi
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At present, we only insure our confirmed employees.
If your employee is always on official duty outside and is covered under ESIC, then it is not possible to take a separate policy. If they are not covered under ESIC, then it is possible to take a policy.
2. Could you please provide me with brief information regarding ESIC? For example, when is it applicable, and what is the procedure for ESIC?
If you want to learn more about ESIC, you can visit their website at www.esic.nic.in.
3. If one of our employees dies during office hours due to a road accident, and the company has not taken any insurance for this employee, what compensation does the company have to pay as per labor law? (Assuming their gross salary is Rs. 10,000 per month)
This situation falls under the Workmen's Compensation Act, 1923. I have attached the file regarding the same for your reference.
4. Is it possible for the company to obtain insurance from a private insurance company instead of ESIC?
According to the ESIC Act, if you have 10 or more employees, you are required to have an ESIC code. For those not covered under ESIC, you can take a separate policy. However, for those covered under ESIC, there is no need for an additional policy as they will receive benefits from ESIC in case of any incidents.
I hope this information is helpful.
Regards,
RAJNISH SAPRA
From India, Delhi
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Dear Ronak,
My reply is not biased against you, but I am utilizing this opportunity to express a few views that I believe many seniors and experienced friends of ours should have shared to assist our younger friends. Please do not interpret my words as unhelpful or critical. On the contrary, I have good intentions to contribute to making this forum a tolerant yet meaningful platform, adding value rather than simply being a quick solution in times of urgency. While some may not mind addressing all queries (which can be beneficial for those in emergencies seeking shortcuts), it may discourage others from reading through the entire blog thread. However, who am I to impose my views? My aim is mutual development and the assurance that we are all here to support each other in a constructive manner.
In the HR profession, we encounter many individuals who neglect their basic homework. Admittedly, there may arise situations where one needs immediate assistance in job-related emergencies. I acknowledge that such instances can occur, as they have even happened to me. However, newcomers or those recently embarked on HR roles should undertake fundamental and genuine preparation. Otherwise, they will remain in a perpetual state of dependency, akin to countries relying solely on external aid without cultivating internal knowledge or capabilities. This message is not directed at you; rather, it is an opportunity for me to share my sincere observations.
People often pose questions without grasping the fundamentals. In what way can fragmented answers benefit them? Questioning assumes a foundational understanding. Moreover, meaningful questions lead to valuable solutions. Time, space, and opportunities are limited and should be maximized efficiently. Some level of preparation is essential. While one need not transform into a legal expert, a repeated review of labor laws is advised. It is not a daunting task. Through revisiting the acts, creating checklists, and familiarizing oneself with the provisions, one can retain the information reasonably well. Subsequent discussions can delve into specific cases and scenarios, benefiting all involved. I hope you acknowledge this perspective without perceiving it as patronizing. Thus, it would be beneficial for individuals like you and me to have meticulously prepared checklists and notes presented in a readily understandable format on this platform for easy access. While some resources may already exist sporadically, the question remains, who will take the initiative? I pose this question to myself as well! All the best in your endeavors.
Warm regards,
M.A. Ganju
From United Arab Emirates, Sharjah
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My reply is not biased against you, but I am utilizing this opportunity to express a few views that I believe many seniors and experienced friends of ours should have shared to assist our younger friends. Please do not interpret my words as unhelpful or critical. On the contrary, I have good intentions to contribute to making this forum a tolerant yet meaningful platform, adding value rather than simply being a quick solution in times of urgency. While some may not mind addressing all queries (which can be beneficial for those in emergencies seeking shortcuts), it may discourage others from reading through the entire blog thread. However, who am I to impose my views? My aim is mutual development and the assurance that we are all here to support each other in a constructive manner.
In the HR profession, we encounter many individuals who neglect their basic homework. Admittedly, there may arise situations where one needs immediate assistance in job-related emergencies. I acknowledge that such instances can occur, as they have even happened to me. However, newcomers or those recently embarked on HR roles should undertake fundamental and genuine preparation. Otherwise, they will remain in a perpetual state of dependency, akin to countries relying solely on external aid without cultivating internal knowledge or capabilities. This message is not directed at you; rather, it is an opportunity for me to share my sincere observations.
People often pose questions without grasping the fundamentals. In what way can fragmented answers benefit them? Questioning assumes a foundational understanding. Moreover, meaningful questions lead to valuable solutions. Time, space, and opportunities are limited and should be maximized efficiently. Some level of preparation is essential. While one need not transform into a legal expert, a repeated review of labor laws is advised. It is not a daunting task. Through revisiting the acts, creating checklists, and familiarizing oneself with the provisions, one can retain the information reasonably well. Subsequent discussions can delve into specific cases and scenarios, benefiting all involved. I hope you acknowledge this perspective without perceiving it as patronizing. Thus, it would be beneficial for individuals like you and me to have meticulously prepared checklists and notes presented in a readily understandable format on this platform for easy access. While some resources may already exist sporadically, the question remains, who will take the initiative? I pose this question to myself as well! All the best in your endeavors.
Warm regards,
M.A. Ganju
From United Arab Emirates, Sharjah
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Hi MAG!
I appreciate your views and agree with them. I will personally try to ask questions that seek views and share experiences. I will not ask for ready-made formats and things like that. Moreover, Mr. Peer always advises us to search the query and database of the site. Do more homework and ask questions after that. I request other members to also consider the same.
- Hiten
From India, New Delhi
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I appreciate your views and agree with them. I will personally try to ask questions that seek views and share experiences. I will not ask for ready-made formats and things like that. Moreover, Mr. Peer always advises us to search the query and database of the site. Do more homework and ask questions after that. I request other members to also consider the same.
- Hiten
From India, New Delhi
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Hi, Dear Mr. M. A. Ganju,
Thank you for your answer. I am new to this community and unsure about which questions to ask, hence the mistake. Moving forward, I will review all posts, do my homework, and refrain from asking ready-made questions, as you suggested.
I take full responsibility. As the sole person in the HR department, overseeing 100 field staff and 25 office staff, along with managing the IT department with 25 systems and a server due to my computer science postgraduate background, my workload is significant. However, I do not mind the workload as I am naturally inclined to stay busy. There are times when I struggle to find time to read laws pertinent to our field. My undergraduate degree in law has instilled in me an interest in legal matters, which is why I ask legal questions.
You are correct, and I agree that to achieve my goals, I must avoid making excuses and put in hard work.
Thank you for your response. I will ensure to do my homework before posing any questions in the future.
Regards and thanks for your guidance. Please continue to provide suggestions if I make errors like this.
Regards,
Ronak
From India, Vadodara
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Thank you for your answer. I am new to this community and unsure about which questions to ask, hence the mistake. Moving forward, I will review all posts, do my homework, and refrain from asking ready-made questions, as you suggested.
I take full responsibility. As the sole person in the HR department, overseeing 100 field staff and 25 office staff, along with managing the IT department with 25 systems and a server due to my computer science postgraduate background, my workload is significant. However, I do not mind the workload as I am naturally inclined to stay busy. There are times when I struggle to find time to read laws pertinent to our field. My undergraduate degree in law has instilled in me an interest in legal matters, which is why I ask legal questions.
You are correct, and I agree that to achieve my goals, I must avoid making excuses and put in hard work.
Thank you for your response. I will ensure to do my homework before posing any questions in the future.
Regards and thanks for your guidance. Please continue to provide suggestions if I make errors like this.
Regards,
Ronak
From India, Vadodara
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Dear Ronak,
I want to once again clarify that I was not specifically referring to you or blaming you at all. Only that I took this as an opportunity to remind short-cut seekers, emergency answers at the cost of not being able to accumulate any knowledge. In order to safeguard the long-term interests of those who are new to HR, I was just airing my advice!
I also said that I am aware that there will always be situations like you have described and I am also aware of how laborious and ineffective it seems to get direct practical answers by going through the Laws/Acts the first few times. But, by repeated readings, everything will soon fall into place and become surprisingly easy and memorable. Let me give you an example.
After I finished my MBA and after having worked for 1 year as a Lecturer teaching HR (not the Legal one), I got my first break as an Assistant Manager (Trainee) in a continuous manufacturing process industry, having 4400 workmen out of which around 2800 were contract labor. We had three unions representing the regular workmen and also the same three unions representing the interests of the contract labor too!!! The company already had about 30 years of history when I had joined it in 1992. Some or other IR problems always arose each day.
We had a Sr. Manager (HR) (our HR head) who used to review the performance of the Asst. Manager-trainees and junior managers. He used to ask us to go through and memorize labor laws along with Sections, sub-sections, etc., and used to give us a timetable for periodical tests including case studies!!!! Can you believe this??????? This thing is happening in an industry, a manufacturing concern, only in the HR department? The tests were not formal or a part of any program or policy, or even a training exercise. All of us (especially me, an MBA educated!!!) were so enraged and furious with this man; thinking what was he doing, how he was treating us as school kids. But how could we counter him except by mumbling amongst ourselves. We had no choice but to prepare and attend those tests!!!!! Being clubbed in this sort of periodic exams (though informal) was challenging enough to your ego to do equally well if not better than the junior managers!!!!
There were no reprimands if you failed or did not do well. Only your results would be displayed among your colleagues and only good performances would get appreciation letters. No reprimand or punishments for those faring bad in exams. THIS IN ITSELF PROVED TO BE THE GREATEST PUNISHMENT FOR NON-PERFORMERS. What a great, subtle, and intelligent way did our big boss devise this mechanism only for our professional improvement!!! He even knew and devised the mechanism for our memorizing as well as practically implementing these things!!!
But believe me, 15 years from that incident, even till date if I remember anything in any Labor Act, it is on account of that effort of my ex-Sr. Manager, to whom I am so reverently grateful and whom at that time I was severely critical and secretly revolting against. And mind you we were tremendously busy and could hardly find time to concentrate on preparing for these tests during daytime.
Moreover, initially even after good repeated reading of these laws still you will have a lot of gray areas not covered in black and white of these statutes. Therefore, legal precedents become important. You know all this since you say you have done law. But these keep changing over time on account of newer judgments and interpretations. No doubt, nowadays the degree of importance has (rightfully) shifted from legal/IR more towards HRD. But some things are very strictly to be followed and ensured as per the statutes and therefore, the procedures, processes have to be well known and especially the cases which fall in gray areas are very challenging. It is about these gray areas where the discussion forums can play a very helpful and enlightening role.
However, dear Ronak, I never felt that you personally were doing any specific mistake. It will be a mistake only if we repeatedly depend on others for those things which can be easily solved if we do the basic homework AND WHICH CAN BE DONE WITH RELATIVE EASE.
I find your attitude very positive and very healthy and I wish you all the best in your endeavors. But despite what I have said, do keep asking questions!!!!! Since it helps those who wish to answer to oil their memories and state their experiences!!!!!
Warm regards,
M. Aditya Ganju
From United Arab Emirates, Sharjah
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I want to once again clarify that I was not specifically referring to you or blaming you at all. Only that I took this as an opportunity to remind short-cut seekers, emergency answers at the cost of not being able to accumulate any knowledge. In order to safeguard the long-term interests of those who are new to HR, I was just airing my advice!
I also said that I am aware that there will always be situations like you have described and I am also aware of how laborious and ineffective it seems to get direct practical answers by going through the Laws/Acts the first few times. But, by repeated readings, everything will soon fall into place and become surprisingly easy and memorable. Let me give you an example.
After I finished my MBA and after having worked for 1 year as a Lecturer teaching HR (not the Legal one), I got my first break as an Assistant Manager (Trainee) in a continuous manufacturing process industry, having 4400 workmen out of which around 2800 were contract labor. We had three unions representing the regular workmen and also the same three unions representing the interests of the contract labor too!!! The company already had about 30 years of history when I had joined it in 1992. Some or other IR problems always arose each day.
We had a Sr. Manager (HR) (our HR head) who used to review the performance of the Asst. Manager-trainees and junior managers. He used to ask us to go through and memorize labor laws along with Sections, sub-sections, etc., and used to give us a timetable for periodical tests including case studies!!!! Can you believe this??????? This thing is happening in an industry, a manufacturing concern, only in the HR department? The tests were not formal or a part of any program or policy, or even a training exercise. All of us (especially me, an MBA educated!!!) were so enraged and furious with this man; thinking what was he doing, how he was treating us as school kids. But how could we counter him except by mumbling amongst ourselves. We had no choice but to prepare and attend those tests!!!!! Being clubbed in this sort of periodic exams (though informal) was challenging enough to your ego to do equally well if not better than the junior managers!!!!
There were no reprimands if you failed or did not do well. Only your results would be displayed among your colleagues and only good performances would get appreciation letters. No reprimand or punishments for those faring bad in exams. THIS IN ITSELF PROVED TO BE THE GREATEST PUNISHMENT FOR NON-PERFORMERS. What a great, subtle, and intelligent way did our big boss devise this mechanism only for our professional improvement!!! He even knew and devised the mechanism for our memorizing as well as practically implementing these things!!!
But believe me, 15 years from that incident, even till date if I remember anything in any Labor Act, it is on account of that effort of my ex-Sr. Manager, to whom I am so reverently grateful and whom at that time I was severely critical and secretly revolting against. And mind you we were tremendously busy and could hardly find time to concentrate on preparing for these tests during daytime.
Moreover, initially even after good repeated reading of these laws still you will have a lot of gray areas not covered in black and white of these statutes. Therefore, legal precedents become important. You know all this since you say you have done law. But these keep changing over time on account of newer judgments and interpretations. No doubt, nowadays the degree of importance has (rightfully) shifted from legal/IR more towards HRD. But some things are very strictly to be followed and ensured as per the statutes and therefore, the procedures, processes have to be well known and especially the cases which fall in gray areas are very challenging. It is about these gray areas where the discussion forums can play a very helpful and enlightening role.
However, dear Ronak, I never felt that you personally were doing any specific mistake. It will be a mistake only if we repeatedly depend on others for those things which can be easily solved if we do the basic homework AND WHICH CAN BE DONE WITH RELATIVE EASE.
I find your attitude very positive and very healthy and I wish you all the best in your endeavors. But despite what I have said, do keep asking questions!!!!! Since it helps those who wish to answer to oil their memories and state their experiences!!!!!
Warm regards,
M. Aditya Ganju
From United Arab Emirates, Sharjah
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Dear Mr. M.A. Ganju,
Once again, thank you for your answer. I really appreciate that a senior person like you gives your valuable suggestions to me and shares your experiences. I wish that I also have senior persons or heads of the department from whom I can learn something. Once again, I clarify that I have said it not because I only need help from them, but I think that hard work in the right direction is also very important, and the direction is shown only by those who have experience in this field.
It's really kind of you if you can show the right direction for me to move ahead and succeed in this field. I am ready for hard work, and I want to succeed, but the right direction, which I believe you've received from your department head, is also very important.
Please continue to share your experiences; it really motivates and inspires me to move forward.
Regards,
Ronak Bhatt
From India, Vadodara
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Once again, thank you for your answer. I really appreciate that a senior person like you gives your valuable suggestions to me and shares your experiences. I wish that I also have senior persons or heads of the department from whom I can learn something. Once again, I clarify that I have said it not because I only need help from them, but I think that hard work in the right direction is also very important, and the direction is shown only by those who have experience in this field.
It's really kind of you if you can show the right direction for me to move ahead and succeed in this field. I am ready for hard work, and I want to succeed, but the right direction, which I believe you've received from your department head, is also very important.
Please continue to share your experiences; it really motivates and inspires me to move forward.
Regards,
Ronak Bhatt
From India, Vadodara
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