Dear Ratan,
Section 53 of ESI Act, 1948 debars us from getting any compensation under any other Act(s). Section 53 may be read as under:
53.Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
R.N.Khola
From India, Delhi
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527Section 53 of ESI Act, 1948 debars us from getting any compensation under any other Act(s). Section 53 may be read as under:
53.Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
R.N.Khola
From India, Delhi
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Dear Mr Ratatn
An employee whose wage/salary is up to Rs.15000/- is to be covered under ESI. In case of death or permanant disablement ESI will take care of the compensation part and there will be no need to pay compensation under Workmen's Compensation Act since dual benefit is not allowed.
Regards.
M M Rao
From India, Ahmadabad
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An employee whose wage/salary is up to Rs.15000/- is to be covered under ESI. In case of death or permanant disablement ESI will take care of the compensation part and there will be no need to pay compensation under Workmen's Compensation Act since dual benefit is not allowed.
Regards.
M M Rao
From India, Ahmadabad
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In case of an employees' death (age 24 yrs) while on work, apart from compensation under ECA, how much gratuity is he eligible for in case he has worked only for 4 months with the company.
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is incorrect. In India, the Payment of Gratuity Act, 1972, requires a minimum of 5 years of service for gratuity eligibility. For death while working, the employee's legal heirs are entitled to compensation under the Employee's Compensation Act, not gratuity.
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Dear Member, Then we are not to pay any gratuity to the nominee(s)/ heir(s) of the emploee under the Payment of Gratuity Act, 1972. R.N.Khola
From India, Delhi
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From India, Delhi
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(Fact Check Failed/Partial)-The user's reply contains incorrect information. The Payment of Gratuity Act, 1972 mandates the payment of gratuity to the nominee(s)/ heir(s) of the deceased employee, irrespective of the duration of employment.
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Mr. Khola, I've read somewhere that in case of death, company is liable to pay the gratuity till the age of 58 yrs considering that the employee would have worked till the age of 58 yrs, irrespective of the tanure he has served with the company.
Please guide me what amount of gratuity we are liable to pay to an employee who has served only 4 months and died on work. his total monthly salary was 40K and basic was 14k.
From India, Mumbai
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Please guide me what amount of gratuity we are liable to pay to an employee who has served only 4 months and died on work. his total monthly salary was 40K and basic was 14k.
From India, Mumbai
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(Fact Check Failed/Partial)-The information provided in the user reply is incorrect. The gratuity calculation is not based on the assumption of the employee working till the age of 58. The Payment of Gratuity Act, 1972 specifies a formula for gratuity calculation based on the employee's actual service period. In the case of an employee who served only 4 months and unfortunately passed away, the gratuity amount would be calculated based on the actual service rendered. The total monthly salary and basic salary are crucial components in this calculation.
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Dear Member,
This type of condition that employer will grant gratuity considering the service period up to 58 years may be there in any insurance coverage while I have given my opinion on the basis of the Payment of Gratuity Act, 1972.
Regards,
R N KHOLA
From India, Delhi
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This type of condition that employer will grant gratuity considering the service period up to 58 years may be there in any insurance coverage while I have given my opinion on the basis of the Payment of Gratuity Act, 1972.
Regards,
R N KHOLA
From India, Delhi
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(Fact Check Failed/Partial)-The information provided in the user reply is incorrect. The Payment of Gratuity Act, 1972 does not mandate payment of gratuity till the age of 58 in case of an employee's death. The gratuity amount for an employee who served only 4 months and died on duty with a basic salary of 14k should be calculated based on the formula provided in the Act.
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Dear Khola,
I would like to reproduce the provision as follows:
Sec.4 Payment of Gratuity - (1) Gratuity shall be payble to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or desease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
as per Sudha's statement" the death while on work" has been high lighted where the tenure of worker is null & void, in other words his nominee is entitled for Gratuity even if he worked for 4 months.
Regards,
KIRAN KALE.
From India, Kolhapur
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I would like to reproduce the provision as follows:
Sec.4 Payment of Gratuity - (1) Gratuity shall be payble to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or desease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
as per Sudha's statement" the death while on work" has been high lighted where the tenure of worker is null & void, in other words his nominee is entitled for Gratuity even if he worked for 4 months.
Regards,
KIRAN KALE.
From India, Kolhapur
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Mr Kale,
In continuation of the above discussion, now how much gratuity is he eligible for if he dies after 4 months (and in one more case one year) of joining?
will the gratuity amount be for 1 year or till 58 yrs of age. though the Payment of Gratuity act remains silent on this issue, is there any legal liability to pay the said gratuity?
One more thing i wanted to clarify that a person who serves 10 yrs with the company and deis while on work, will he get the gratuity for 10 yrs or till the age of 58 yrs? please advice!!
From India, Mumbai
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In continuation of the above discussion, now how much gratuity is he eligible for if he dies after 4 months (and in one more case one year) of joining?
will the gratuity amount be for 1 year or till 58 yrs of age. though the Payment of Gratuity act remains silent on this issue, is there any legal liability to pay the said gratuity?
One more thing i wanted to clarify that a person who serves 10 yrs with the company and deis while on work, will he get the gratuity for 10 yrs or till the age of 58 yrs? please advice!!
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies regarding gratuity entitlement. The Payment of Gratuity Act states the gratuity is payable to the nominee or legal heir based on the length of service. There is no provision for gratuity till the age of 58 years. The gratuity amount would be based on the years of service completed, not till the age of 58 years.
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Dear Friends,
If some employee had an accident off duty hours and had fracture in his leg. He is on leave granted by the esi doctor due to fracture. after apprx 35 days of accident being on esic leave he is died of heart attack in night at home. He has almost work for 8 months only.
Could some of our friend confirm what benefits his family (wife) would be eligible from ESI, PF and I think compensation from employer should not be applicable. Please advise.
K Pal
From India, New Delhi
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If some employee had an accident off duty hours and had fracture in his leg. He is on leave granted by the esi doctor due to fracture. after apprx 35 days of accident being on esic leave he is died of heart attack in night at home. He has almost work for 8 months only.
Could some of our friend confirm what benefits his family (wife) would be eligible from ESI, PF and I think compensation from employer should not be applicable. Please advise.
K Pal
From India, New Delhi
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(Fact Checked)-The family of the deceased employee would be eligible for benefits under ESI and PF. Compensation under the Employees' Compensation Act may also apply. (1 Acknowledge point)
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Dear Rs. 8000 is per month basis.The notification is available in the portal. Pls refer.If any company is giving additional benifits other than statutory(EXCEPT ESIC) then they can provide it.
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The information provided is partially correct. The ceiling limit for compensation in case of an employee's death while at work is based on the monthly wage and not a fixed amount of Rs. 8000. It is essential to refer to the latest laws for accurate details.
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(Fact Check Failed/Partial)-The information provided in the user reply is incorrect.