Dear Folks,
I have few doubts about ESIC please clear off on the same.
1. If employee met with accident with in office hours on outside what we have to do tell me? and if it office premises also ? if it not office ours also do let me know ?
2. If employee in office premises?
3. If employee died outside the office?
From India, Hyderabad
6I have few doubts about ESIC please clear off on the same.
1. If employee met with accident with in office hours on outside what we have to do tell me? and if it office premises also ? if it not office ours also do let me know ?
2. If employee in office premises?
3. If employee died outside the office?
From India, Hyderabad
Dear Ashok,
Greetings for the day,
As employee met with an accident outside during job following formalities should be done :
1) Firstly check it out that employee is covered under esic scheme or not.
2) Secondly check that report of the accident is registered with police or not.
3) Thirdly if the employee is on outside duty his /her outdoor duty slip or approval is with company or not.
4) Report the accident in form 11(accident register) of ESIC duly signed with two witnesses or enclose the police report.
5) Filed form-12 (in triplicate) of ESIC with the local office within 24 hrs. so that the compensation process should be started.
After submission of form-12 the medical board will be set up by the esic and that board will look into the matter for compensation & benefits. In the matter liability of compensation should be of esic instead of employer.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Greetings for the day,
As employee met with an accident outside during job following formalities should be done :
1) Firstly check it out that employee is covered under esic scheme or not.
2) Secondly check that report of the accident is registered with police or not.
3) Thirdly if the employee is on outside duty his /her outdoor duty slip or approval is with company or not.
4) Report the accident in form 11(accident register) of ESIC duly signed with two witnesses or enclose the police report.
5) Filed form-12 (in triplicate) of ESIC with the local office within 24 hrs. so that the compensation process should be started.
After submission of form-12 the medical board will be set up by the esic and that board will look into the matter for compensation & benefits. In the matter liability of compensation should be of esic instead of employer.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Sir(s),
1. It is not so important as to at what time the accident occurred. It is also not so important whether the accident occurred inside or outside the office or factory premises. The main important criteria is whether the accident/personal injuries to the insured person satisfies the criteria of "employment injury" as defined under section 2(8) of the E.S.I.Act, 1948. Besides, this section other important law points have been laid down in Sections-46 , 51 to 55-A of said Act.
2. The procedure to be followed by the employer, injured employee or his dependants has been laid down in ESI (Central) Rules, 1952 and ESI (General) Rules, 1952.
3. Benefits namely- Temporary Disablement Benefit, Permanent Disablement, and Dependant Benefit are important benefits under said Act and HR staff of covered units should have proper knowledge of such laws and procedures so that proper and in time benefits are made available to the needy injured insured persons and their dependants.
From India, Noida
1. It is not so important as to at what time the accident occurred. It is also not so important whether the accident occurred inside or outside the office or factory premises. The main important criteria is whether the accident/personal injuries to the insured person satisfies the criteria of "employment injury" as defined under section 2(8) of the E.S.I.Act, 1948. Besides, this section other important law points have been laid down in Sections-46 , 51 to 55-A of said Act.
2. The procedure to be followed by the employer, injured employee or his dependants has been laid down in ESI (Central) Rules, 1952 and ESI (General) Rules, 1952.
3. Benefits namely- Temporary Disablement Benefit, Permanent Disablement, and Dependant Benefit are important benefits under said Act and HR staff of covered units should have proper knowledge of such laws and procedures so that proper and in time benefits are made available to the needy injured insured persons and their dependants.
From India, Noida
The ESIC coverage is available to employee the moment s/he steps out of the house till s/he steps in. Only thing is journey to & from office should be by shortest route and within reasonable time.
Shrikant Prabhudesai
From India, Mumbai
Shrikant Prabhudesai
From India, Mumbai
Dear Forum Members,
Need Views of the members for Obtaining Code number under ESIC. our establishment is based in Mumbai Maharashtra, dealing in Realty Business. till date No Notification from the State Government under ESIC for reducing the coverable employee strength.
Inadvertently our establishment has not obtained the Code number since 2003 on formation of the establishment under the pretext that though coverable employee was there, ( At Office 12 and at Construction Site 9 ), We been given to understand that Construction site employee are not covered under ESIC. As ESIC is not applicable to Construction Site as we are dealing in Realty.
If at our Office coverable employees is less than 20 but taking in to consideration the
Definition of Employee under Sec 2(9) & Employee of Contractors by virtue of definition under ESIC Act Section 2 (13) immediate employer.
Under above scenario does we have to apply for ESIC Code Number.
if we apply for the number as on today ESIC Authority while allotting the Code number to Establishment will give Coverage effect as on 2003 the year in which our organisation came into existence or as on today.
A line in reply is appreciated.
Regards,
A . A . Charania
From India, Mumbai
Need Views of the members for Obtaining Code number under ESIC. our establishment is based in Mumbai Maharashtra, dealing in Realty Business. till date No Notification from the State Government under ESIC for reducing the coverable employee strength.
Inadvertently our establishment has not obtained the Code number since 2003 on formation of the establishment under the pretext that though coverable employee was there, ( At Office 12 and at Construction Site 9 ), We been given to understand that Construction site employee are not covered under ESIC. As ESIC is not applicable to Construction Site as we are dealing in Realty.
If at our Office coverable employees is less than 20 but taking in to consideration the
Definition of Employee under Sec 2(9) & Employee of Contractors by virtue of definition under ESIC Act Section 2 (13) immediate employer.
Under above scenario does we have to apply for ESIC Code Number.
if we apply for the number as on today ESIC Authority while allotting the Code number to Establishment will give Coverage effect as on 2003 the year in which our organisation came into existence or as on today.
A line in reply is appreciated.
Regards,
A . A . Charania
From India, Mumbai
Dear Sh. A . A . Charania,
Greetings for the day,
In my early posting i already dealt the matter broadly , you can go through it by simply typing sumitk.saxena in search column of citehr.com, presently i am enclosing the copy of circulars this will be beneficial for you & hope can clear all your doubt.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Greetings for the day,
In my early posting i already dealt the matter broadly , you can go through it by simply typing sumitk.saxena in search column of citehr.com, presently i am enclosing the copy of circulars this will be beneficial for you & hope can clear all your doubt.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Dear Ashok ji,
Following answers you may find in good self.
It should be established that the injury arised out of and in the course of employment. Whether the accident occurred in your office or out side office is not important. Even the accident occurred after office working hours, once it is established that the accident occurred out of and in the course of employment, it is an employment injury. You need to give accident report to respective authority. You need to pay compensation as per EC Act if the emplyee is not covered under ESI. If he is covered under ESI, compensation / pension will be paid by ESI Corporation.
Answer is as given above.
Answer is given as above.
From India, Mumbai
Following answers you may find in good self.
It should be established that the injury arised out of and in the course of employment. Whether the accident occurred in your office or out side office is not important. Even the accident occurred after office working hours, once it is established that the accident occurred out of and in the course of employment, it is an employment injury. You need to give accident report to respective authority. You need to pay compensation as per EC Act if the emplyee is not covered under ESI. If he is covered under ESI, compensation / pension will be paid by ESI Corporation.
Answer is as given above.
Answer is given as above.
From India, Mumbai
Dear Charania ji,
Answer to your query is depends on various facts and figures, interpretation of 4/99 circular etc. It is very complex subject and you need to handle it very carefully. You can not exclude all your labours at construction sites from ESI. You can not exclude all your construction sites from ESI. Construction industry has peculiar features of its own.
You need to hire a professional like me as an advisor, it seems to me.
From me you can get abreast of all aspects of applicable labour laws to you not limiting to ESI but also inclusive of BOCW. I am also a faculty in Labour Laws. I have an experience to conduct sessions on various topics of Labour Laws including BOCW.
From India, Mumbai
Answer to your query is depends on various facts and figures, interpretation of 4/99 circular etc. It is very complex subject and you need to handle it very carefully. You can not exclude all your labours at construction sites from ESI. You can not exclude all your construction sites from ESI. Construction industry has peculiar features of its own.
You need to hire a professional like me as an advisor, it seems to me.
From me you can get abreast of all aspects of applicable labour laws to you not limiting to ESI but also inclusive of BOCW. I am also a faculty in Labour Laws. I have an experience to conduct sessions on various topics of Labour Laws including BOCW.
From India, Mumbai
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