Dear sir,
Traveling in a bike in triples is not lawful. We have done all the expenses so far in hospital.
I want to know
1) they are going to be in leave for next 2 months. that am sure from doctors reports. How to mark them in Attendance?
2) All three of them are in probations ,should i pay them salary for this leaves?
3) After thier leave , what is the document(medical ) i should collect from them? etc .
Please suggest sir.
From India, Coimbatore
1Traveling in a bike in triples is not lawful. We have done all the expenses so far in hospital.
I want to know
1) they are going to be in leave for next 2 months. that am sure from doctors reports. How to mark them in Attendance?
2) All three of them are in probations ,should i pay them salary for this leaves?
3) After thier leave , what is the document(medical ) i should collect from them? etc .
Please suggest sir.
From India, Coimbatore
Yes You are right that the company is not eligible to pay the expanses and all, Its a good will of your higher Management. I appreciate it!
From Pakistan, Lahore
From Pakistan, Lahore
Dear Pinky,
its very nice of you. I understand you love and care towards people.
But, As a HR there are documentations and laws. We have already helped them so far.
all i request to ensure that their is no issues for both employees and the employer legally.
thanks
From India, Coimbatore
its very nice of you. I understand you love and care towards people.
But, As a HR there are documentations and laws. We have already helped them so far.
all i request to ensure that their is no issues for both employees and the employer legally.
thanks
From India, Coimbatore
Dear Sir
Plz visit the Branch Office of the ESI Corporation, Trichy or contact them over phone and first ascertain whether the village where your factory is located is within the zone of implementation or not. If it is within the zone of implementation, you got your factory registered under the ESI Act by submitting Registration Form 01 along with the accident reports in Form No. 12. If the area is not within the zone of implementation, nothing can be get from the ESI DEPARTMENT and you have to see the alternatives available under the workmen compensation Act.
best of luck
sanagapalli vr
From India, Hyderabad
Plz visit the Branch Office of the ESI Corporation, Trichy or contact them over phone and first ascertain whether the village where your factory is located is within the zone of implementation or not. If it is within the zone of implementation, you got your factory registered under the ESI Act by submitting Registration Form 01 along with the accident reports in Form No. 12. If the area is not within the zone of implementation, nothing can be get from the ESI DEPARTMENT and you have to see the alternatives available under the workmen compensation Act.
best of luck
sanagapalli vr
From India, Hyderabad
Dear admin-hr,
No. 1 You must Take Sanagapalli suggestions seriously!
No. 2 give medical leaves as much as in their account as per Factory Act and State Holidays & festival act.
no. 3 issue imm. a notice to them stating that travelling tripling to the factory is not permitted by law as well as by the employer. and thus it is a misconduct and enquiry will be done once they are able to join the factory.
No. 4 You must contact local labour office or advocate - Labour laws in this regard, they will guide you better about how u can evade from workmen's compensation act.
They will tell u how to prove that this accident was not originate from employment.
i had a doubt on one thing as they are living in Co. Guest House.
with best regards and do update us all on the outcome
Manish gupta
From India, Mumbai
No. 1 You must Take Sanagapalli suggestions seriously!
No. 2 give medical leaves as much as in their account as per Factory Act and State Holidays & festival act.
no. 3 issue imm. a notice to them stating that travelling tripling to the factory is not permitted by law as well as by the employer. and thus it is a misconduct and enquiry will be done once they are able to join the factory.
No. 4 You must contact local labour office or advocate - Labour laws in this regard, they will guide you better about how u can evade from workmen's compensation act.
They will tell u how to prove that this accident was not originate from employment.
i had a doubt on one thing as they are living in Co. Guest House.
with best regards and do update us all on the outcome
Manish gupta
From India, Mumbai
Dear all,
See if section 3 b(ii) and 3 b (iii) applies!!!!!!!!!!
Employer’s liability for compensation.
3. (1) If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable—
(a) in respect of any injury which does not result in the total or partial disablement of the employee for a period exceeding three days;
(b) in respect of any [injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
regards
Manish Gupta
From India, Mumbai
See if section 3 b(ii) and 3 b (iii) applies!!!!!!!!!!
Employer’s liability for compensation.
3. (1) If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable—
(a) in respect of any injury which does not result in the total or partial disablement of the employee for a period exceeding three days;
(b) in respect of any [injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
regards
Manish Gupta
From India, Mumbai
Dear
I have read all the reply. Two main issue
1. company is liable to pay : The worksman compensation Act & ESIC both accepted that while employee coming for the job or going home after the job company is liable to pay compensations if any accident happen because this duraton is called " A person on job". For further clarification given about the time & distance too.... "A place where a person lives (Home) & work place distance has no limit now" but time to reach that distance must be reasonable. so in this case company is liable. If company is providing a tranportation facility (With or without cost) in this case also company is liable.
2. Liable for what : Medical Expense (Which already paid by the company), Loss of wages & other benefits from the date of accident to resume the duty ( yes company has to pay), Loss of earning capacity (Any permanent disability) in this case company has to pay compensation as per Act (ESIC or WC which ever is applicable to your organization)
Vikas seth
From India, Ahmadabad
I have read all the reply. Two main issue
1. company is liable to pay : The worksman compensation Act & ESIC both accepted that while employee coming for the job or going home after the job company is liable to pay compensations if any accident happen because this duraton is called " A person on job". For further clarification given about the time & distance too.... "A place where a person lives (Home) & work place distance has no limit now" but time to reach that distance must be reasonable. so in this case company is liable. If company is providing a tranportation facility (With or without cost) in this case also company is liable.
2. Liable for what : Medical Expense (Which already paid by the company), Loss of wages & other benefits from the date of accident to resume the duty ( yes company has to pay), Loss of earning capacity (Any permanent disability) in this case company has to pay compensation as per Act (ESIC or WC which ever is applicable to your organization)
Vikas seth
From India, Ahmadabad
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