Hi to all, Please healp me by giving me answers. Regards, Ronak
From India, Vadodara
Hi Ronak !
I have checked your previous posts. Though they are not clear, I can understand that your want to know something about ESIC and Insurance of your employees.
I suggest you put up a new post with more details.
- Hiten

From India, New Delhi
Hi ....!!
At present I am working with a Pharma Company as an Asstt. HRD, Company has more than 100 Medical Representative in five states of India.
My questiones are,
1. Is it necessary to take insurance of all our employees ?
At present we insuranced our confirmed employees only.
2. Give me Brief information regarding ESIC. like , When its
applicable ? What is procedure of ESIC ?
3. If one of our employee died during office hours because of
an road accident. and if company has not taken any insurance
of this employee than as per Labour Law what compensation company
has to pay. ( if his gross salary is Rs. 10,000 per month)
4. Is is possible for company to take insurance from any private
insurance company in place of ESIC.
I hope now all of you understand my queries. Kindly reply me in this
regards.
Ronak Bhatt

From India, Vadodara
1. Is it necessary to take insurance of all our employees ?

At present we insuranced our confirmed employees only.

Answer:- If your employee always on Official Duty outside, & is covered under ESIC then it is not possible, if not in ESIC then possible to take policy.

2. Give me Brief information regarding ESIC. like , When its

applicable ? What is procedure of ESIC ?

Answer:- If you want to know more about ESIC then you just go through the site of ESIC:-www.esic.nic.in

3. If one of our employee died during office hours because of

an road accident. and if company has not taken any insurance

of this employee than as per Labour Law what compensation company

has to pay. ( if his gross salary is Rs. 10,000 per month)

Answer:- This will comes under Workmens Compensation act, 1923. I have attached the file for your same.

4. Is is possible for company to take insurance from any private

insurance company in place of ESIC.

Answer:- as per ESIC act if you have more than 10 or more persons you have to take the ESIC code for the same. You can do one thing that who is not covered under ESIC, you can take the policy for the same, but who is covered under ESIC, there is no need to take policy, bec if something happens he will get the benefit from ESIC.

I this this is ok for you

regards

RAJNISH SAPRA

From India, Delhi
Dear Ronak,

My reply is not a bias against you but I am utilizing this opportunity to air a few views which I feel that many seniors and experienced friend of ours ought to have done to help our younger friends. Please do not feel I am being unhelpful or criticizing.....far from it, I mean all well and in a true sense to make this forum a tolerant at the same time meaningful platform, value adding instead of becoming a mere "switch" to be pressed in times of emergency. Some may not mind answering all queries, (which in a way is good for only people who are in emergency and seek short-cuts). But this may put off others from going through the entire blog string. However, who am I to impose my views? I only seek our mutual development and an assurance that we are all here to help one another in a right manner.

We are finding many in the HR profession who do not do their minimum homework. Understandably, there will always be circumstances when one needs to be bailed out in emergency in one's job situations. I am aware that such things could happen and have happened even with me. But people who are new or have been recently into HR need to do some basic and sincere homework. Or else they will always BE in a state of perpetual emergency looking for others to bail them out like the poor countries totally depending upon aid from others without developing any indigenous knowledge or strength. This mail is not targeted at you but as I said it is only an opportunity to view my sincere observations.

People ask questions without going through the basics. How will the answers help them since they will be in bits and pieces and does not add to knowledge.? Asking questions presupposes some basic knowledge. More over, the questions are more meaningful and worth discovering solutions for. Time, space and opportunities are limited and should be made best use of. Some minimum preparation is basic and needed. though you need not be or become a lawyer, one needs to go through these Labour acts repeatedly. It is not a big deal. You don't have to even mug them up. But repeated reading even of bare acts, preparing check lists, etc for each Labour Act will help in remembering them reasonably well. Then discussions can be regarding typical cases and scenarios benefiting all. Hope you appreciate this point of view and hope that I am not paternalising. Therefore, it would be a great service to people like you and me that, meticulously prepared checklists and notes are made available in an easily digestible form and check lists and are placed on this platform in a capsule form, with ease of accessibility. I have seen some existing here and there. But who will bell the cat? I am also asking this question of myself too!!!?? All the best in your endeavours.

Warm regards,

M.A.Ganju

From United Arab Emirates, Sharjah
Hi MAG !
I appreciate your views and agree to them.
I will personally try to ask questions which asks for views and share experiences. I will not ask for readymade formats and things like that. Moreover Mr. Peer always advises us to search in 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
Hi.. ! Dear Mr. M. A. Ganju,

Thanx for ur answer, Because i am new in this community and also

dont know which questions i have to asked thats why i have made mistake. Now onwards i have checked all the posts & also do my homeworks & never try to ask ready made questions as you have said.

I am not taking any excuse, but as i have said earlier that i am only

single persons in hr dept. and we are having 100 field staff & 25 office

staff. because i did my pg in computer science the IT department is also looking after by me we have 25 systems in office and have server. so

have some work load on me. but i dont have any problem with my work load because as my nature i can not be sit without work. but some time

i really dont get time to reading laws which are related to our field. actually i did my graduation in law so have interest in law. and only

thats why i have asked questiones regarding law.

But, you are right brother and as per my thinking if i want to achieve something in my life than i must dont take any excuse and have to do hardwork.

Thanx for your answer and now i have done my homework before

asking questions.

Regards & Thanx for your answer & keep continue to give me sujections if i made mistake like this.

Regards,

Ronak

From India, Vadodara
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 safe guard 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 how laborious and ineffective it seems to get a direct practical answers by going through the Laws / Acts the first few times. But, by repeated readings, every thing will soon fall in place and become surprisingly easy and rememberable. 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 labour. We had three unions representing the regular workmen and also the same three unions also representing the interests of the contract labour 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 memorise labour 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 HR department? The tests were not formal or a part of any programme or policy, or even 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 fairing 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 own 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 Labour 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 day time.

Moreover, initially even after a good repeated reading of these laws still you will have a lot of grey 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, now-a-days the degree of importance has (rightfully) shifted from legal / IR more toward HRD. But somethings are very strictly to be followed and ensured as per the statutes and therefore , the procedures, process have to be well known and especially the cases which fall in grey areas are very challenging. It is about these grey 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 the basic home work 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 inspite of 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
Dear Mr. M.A. Ganju,
Once again thanx for your answer. I really appreciate that senior
person like you give your valuable sujections to me & share your experiences.
I wish that i also have senior persons or head of the department from
whom i can also learn something. Once again i clarify that i have said
it not because i only need help form them but i think that hard work
in a right direction is also very important. and the direction shows only
by those who have an experience in this field.
Its really kind of you that if you can show right direction to me to go
ahead and get success in this field. i am ready for hardwork and i
want to get success but right direction which i thought that you've got
from your dept. head is also very important.
Keep continue to share your experiences its really motivate me &
inspire me to go ahead.
Regards,
Ronak Bhatt

From India, Vadodara
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