Dear All,
I am working with a manufacturing unit in HR deparment, where one of the employee (covered under ESIC act) met an accident outside the company premise. He from there went to ESIC hospital for the treatment and was asked to take rest, reason being soft tissue disorder. So, he has submitted esic leave for 15 days.
now my query is should i take these 15 days as leave without pay (LWP) and process his salary.
Please let me know what should be done in this case.
Thanks in advance.
From India, Delhi
13I am working with a manufacturing unit in HR deparment, where one of the employee (covered under ESIC act) met an accident outside the company premise. He from there went to ESIC hospital for the treatment and was asked to take rest, reason being soft tissue disorder. So, he has submitted esic leave for 15 days.
now my query is should i take these 15 days as leave without pay (LWP) and process his salary.
Please let me know what should be done in this case.
Thanks in advance.
From India, Delhi
Dear All, This is Manisha.Can anyone help me to know what are the job responsibilities while handling contract labourer. Best Regards, Manisha HR - Generalist
From India, Mumbai
From India, Mumbai
It all depends whether the employee met with an accident outside the company's premises while being on duty or while he was there at the palce of accident in connection with company's business. these factors need to b egone into before deciding his claim to pay for the period of rest. You cannot deny him pay merely because the accident took place outside the company's premises.
B.Saikumar
HR & labour Law Advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law Advsior
Mumbai
From India, Mumbai
Hi the accident took place in the working hours (When he was coming to office). And i Have not submitted any accident report neither online nor hard copy. Please Please suggest what should i do now.
From India, Delhi
From India, Delhi
See,
AS you confirmed that he is covered under ESI scheme. He is on leave as per advice by Doctor of ESI or any other. He has to follow the
norms of ESI to get the Medical benefit like hospitalisation and leave payment whether it is due to an accident or other medical grounds.
Co. is not at all required to pay any salary by law.
Further, if he is having leave balance on account of PL, CL as per your co. norms on humanity grourds you can make payment by ajusteting those leaves even though he is getting leave cash benefit from ESI.
Now the last thing, Since he is covered under ESI and you are following the Compliances, BY LAW you do not need to pay salaries for his leave
period on ground of medical / accident etc.
I hope you got claryfication.
Regards,
Pramod Thakar Pune
From India, Pune
AS you confirmed that he is covered under ESI scheme. He is on leave as per advice by Doctor of ESI or any other. He has to follow the
norms of ESI to get the Medical benefit like hospitalisation and leave payment whether it is due to an accident or other medical grounds.
Co. is not at all required to pay any salary by law.
Further, if he is having leave balance on account of PL, CL as per your co. norms on humanity grourds you can make payment by ajusteting those leaves even though he is getting leave cash benefit from ESI.
Now the last thing, Since he is covered under ESI and you are following the Compliances, BY LAW you do not need to pay salaries for his leave
period on ground of medical / accident etc.
I hope you got claryfication.
Regards,
Pramod Thakar Pune
From India, Pune
dear All hard copy is strically prohibited in esi now u need to submit only online report and take refrance number for the same
From India, Faridabad
From India, Faridabad
Dear Meenakshi,
If the employee going to or coming from the duty it covers under notional extension and it comes under accident benefit. Then only you need to submit accident report to ESIC for accident benefit which is 90%. otherwise only claim the sickness benefit which is 70%.
Raju
From India, Secunderabad
If the employee going to or coming from the duty it covers under notional extension and it comes under accident benefit. Then only you need to submit accident report to ESIC for accident benefit which is 90%. otherwise only claim the sickness benefit which is 70%.
Raju
From India, Secunderabad
Mr. Mahesh, Is it ok if report is submitted after 15 days of incident because the incident took place on 18th August.
From India, Delhi
From India, Delhi
Meenaxi
The ESI Act has been amended and a new Section namely Section 51-E has been added whereby an accident occurred to an employee while commuting to and from work is deemed to be arising out of and in the course of employment, if there is a nexus between the circumstances under which the accident has occurred with regard to time and place and his employment. This is for your information.
B.Saikumar
HR & labour Law Advsior
Mumbai
From India, Mumbai
The ESI Act has been amended and a new Section namely Section 51-E has been added whereby an accident occurred to an employee while commuting to and from work is deemed to be arising out of and in the course of employment, if there is a nexus between the circumstances under which the accident has occurred with regard to time and place and his employment. This is for your information.
B.Saikumar
HR & labour Law Advsior
Mumbai
From India, Mumbai
Dear Meenakshi,
You need to send form 16. Now, since you are late, ESIC would seek your explanation and you have to be prepared for that. Employee will be paid sickness benefit (around 50% of salary) by local office. Once local office manager would complete inquiry, concerned employee will be entitled for disablement benefit i.e around 70% of the salary. So, after paying 50%, rest 20% is paid only after satisfactory inquiry by the manager. Once you fill up form then, ESIC would seek yr explanation and then if necessary inquiry will be held in which Manager would visit the site of the accident and record statements of the victim and witnesses as well as Management to confirm. As has been said by some members, now, accidents taking place while coming to office or going back are considered as accidents "in course and out of employment"
From India, Coimbatore
You need to send form 16. Now, since you are late, ESIC would seek your explanation and you have to be prepared for that. Employee will be paid sickness benefit (around 50% of salary) by local office. Once local office manager would complete inquiry, concerned employee will be entitled for disablement benefit i.e around 70% of the salary. So, after paying 50%, rest 20% is paid only after satisfactory inquiry by the manager. Once you fill up form then, ESIC would seek yr explanation and then if necessary inquiry will be held in which Manager would visit the site of the accident and record statements of the victim and witnesses as well as Management to confirm. As has been said by some members, now, accidents taking place while coming to office or going back are considered as accidents "in course and out of employment"
From India, Coimbatore
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