In general, ESI also grants the pay when allows ESI Leave.
Secondly, ESI feels that the the matter is true , so granted him leave. Hence, payment for those days to be processed and disbursed to him.
There are provision of Special Leave except PL , CL , SL. If his all the leave is consumed, Special Leave can be granted to him.else ESI Leave should be treated as PL or CL or SL.
On any case he should get fully paid leave for that period.
From India
Secondly, ESI feels that the the matter is true , so granted him leave. Hence, payment for those days to be processed and disbursed to him.
There are provision of Special Leave except PL , CL , SL. If his all the leave is consumed, Special Leave can be granted to him.else ESI Leave should be treated as PL or CL or SL.
On any case he should get fully paid leave for that period.
From India
Dear Meenakshi,
whether that employee is eligible for esi benefit/ or not, once produced esic certificate(leave) you can not pay.He is on esi leave. In attendance it must be shown as \" ESI LEAVE\".lEAVE SALARY WHALL BE PAID BY ESIC ONLY
From India, Madras
38whether that employee is eligible for esi benefit/ or not, once produced esic certificate(leave) you can not pay.He is on esi leave. In attendance it must be shown as \" ESI LEAVE\".lEAVE SALARY WHALL BE PAID BY ESIC ONLY
From India, Madras
Dear Sir, Please submit Accident report in Form 16 if any accident occurred inside or outside the company during the course of employment. regards Abubakkar
From India, Madras
From India, Madras
Meenashi ji
There is NO requirment under the ESI Act to send accident report if it takes place outside the factory premises/ while not on duty. It is true that as per ESI amendment and after ins. of sec. 51E if any accident take place while coming or going bank after performing duty would be deemed to have arisen during the course of employment but the provision do not cast any obligation to send so moto accident form.As such the employer is not any legal obligation to send it. Moreover, the employee already is being treated by the ESI Hospital.
However, the answer to your specific query is that the leave should be treated as unpaid and be marked "on ESI leave" and benefit be paid by the ESI as per provisions of the Act and you need not to do any thigh more. Mr. Mahesh/ Mr. Rao has correctaly advised.
PKJAIN
From India, Delhi
There is NO requirment under the ESI Act to send accident report if it takes place outside the factory premises/ while not on duty. It is true that as per ESI amendment and after ins. of sec. 51E if any accident take place while coming or going bank after performing duty would be deemed to have arisen during the course of employment but the provision do not cast any obligation to send so moto accident form.As such the employer is not any legal obligation to send it. Moreover, the employee already is being treated by the ESI Hospital.
However, the answer to your specific query is that the leave should be treated as unpaid and be marked "on ESI leave" and benefit be paid by the ESI as per provisions of the Act and you need not to do any thigh more. Mr. Mahesh/ Mr. Rao has correctaly advised.
PKJAIN
From India, Delhi
Hi Priya
Please make sure from your employer, you might be got registered at HO; as to how they can deduct the amount without making you a member of ESI. How much time has passed exactly? It might be under process. If an employer deduct wrongly without making you a member he is liable for prosecution under the Act. I wonder where they would have deposited the amount so deducted. You can ask your employer to refund the amount because it is a lap on their part and no one can deduct the amount like this.
pkjain
From India, Delhi
Please make sure from your employer, you might be got registered at HO; as to how they can deduct the amount without making you a member of ESI. How much time has passed exactly? It might be under process. If an employer deduct wrongly without making you a member he is liable for prosecution under the Act. I wonder where they would have deposited the amount so deducted. You can ask your employer to refund the amount because it is a lap on their part and no one can deduct the amount like this.
pkjain
From India, Delhi
Meenakshi,
In your case do not get confused with various comments.This is employment enjury after the amendment in ESIC Act.You should have submit the accident form Form no.12 with respective local office of your area.Hard copy is required still to ESIC.But as you have not reported the accident do as below,
Furnish all details in Form No 12
Enclose with the form a covering letter stating the explanation for delay in report ing the accident
Make the entry in Accident Register under ESIC
Go personally to the local office and submit the Accident form
Submit also the copy of accident form to the dispensary of injured employee
Ask all certificates from injured employee pertaining to his treatment.
You need not to pay any salary for the ESIC Leave.The injured person will get TDB from ESIC only after submission of accident form to both.
I hope this will clarify your query.
Mangesh Wakodkar
Aurangbad
From India, Pune
In your case do not get confused with various comments.This is employment enjury after the amendment in ESIC Act.You should have submit the accident form Form no.12 with respective local office of your area.Hard copy is required still to ESIC.But as you have not reported the accident do as below,
Furnish all details in Form No 12
Enclose with the form a covering letter stating the explanation for delay in report ing the accident
Make the entry in Accident Register under ESIC
Go personally to the local office and submit the Accident form
Submit also the copy of accident form to the dispensary of injured employee
Ask all certificates from injured employee pertaining to his treatment.
You need not to pay any salary for the ESIC Leave.The injured person will get TDB from ESIC only after submission of accident form to both.
I hope this will clarify your query.
Mangesh Wakodkar
Aurangbad
From India, Pune
Mr.jain
Regulation 68 of ESI Regulations casts an obligation on the employer to send an accident report in the prescribed form(Form 12) and therefore is it not necessary to send accident report to the Branch Office in view of the introduction of SEC.51-E in the ESI Act?.
B.Saikumar
Mumbai
From India, Mumbai
Regulation 68 of ESI Regulations casts an obligation on the employer to send an accident report in the prescribed form(Form 12) and therefore is it not necessary to send accident report to the Branch Office in view of the introduction of SEC.51-E in the ESI Act?.
B.Saikumar
Mumbai
From India, Mumbai
Dear Mr.Mangesh
Assuming that the company provides for sick leave with wages and the employee requests the company to grant him the sick leave for the period of his absence due to the accident. Whether the employer can adjust his sick leave against his absence and grant him salary for the period of sickness in addition to the applicable ESI Bnefit. What is the practice?
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
Assuming that the company provides for sick leave with wages and the employee requests the company to grant him the sick leave for the period of his absence due to the accident. Whether the employer can adjust his sick leave against his absence and grant him salary for the period of sickness in addition to the applicable ESI Bnefit. What is the practice?
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
Hi
My current salary is Rs. 15000/-. Last month I was admitted at hospital for 6 Days.
ESIC have paid me only Rs. 1400/- for 6 leave Instead of 3000/- (15000/30 = 500 x 6 Days = 3000/-)
What are rules for it ? is this right ?
Thanks
Dilavar
From India, Rajkot
My current salary is Rs. 15000/-. Last month I was admitted at hospital for 6 Days.
ESIC have paid me only Rs. 1400/- for 6 leave Instead of 3000/- (15000/30 = 500 x 6 Days = 3000/-)
What are rules for it ? is this right ?
Thanks
Dilavar
From India, Rajkot
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