Dear All,
I am working with a manufacturing unit in the HR department, where one of the employees (covered under the ESIC act) met with an accident outside the company premises. He then went to an ESIC hospital for treatment and was advised to take rest due to a soft tissue disorder. Consequently, he has submitted ESIC leave for 15 days.
Now, my query is: should I consider these 15 days as Leave Without Pay (LWP) and process his salary accordingly? Please advise on the appropriate course of action in this situation.
Thanks in advance.
From India, Delhi
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13I am working with a manufacturing unit in the HR department, where one of the employees (covered under the ESIC act) met with an accident outside the company premises. He then went to an ESIC hospital for treatment and was advised to take rest due to a soft tissue disorder. Consequently, he has submitted ESIC leave for 15 days.
Now, my query is: should I consider these 15 days as Leave Without Pay (LWP) and process his salary accordingly? Please advise on the appropriate course of action in this situation.
Thanks in advance.
From India, Delhi
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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
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From India, Mumbai
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It all depends on whether the employee met with an accident outside the company's premises while being on duty or while he was there at the place of the accident in connection with the company's business. These factors need to be considered before deciding his claim for pay during 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 Advisor
Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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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
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From India, Delhi
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See, as you confirmed that he is covered under ESI scheme, he is on leave as per the advice by the Doctor of ESI or any other. He has to follow the norms of ESI to get the medical benefits like hospitalization and leave payment, whether it is due to an accident or other medical grounds. The company is not at all required to pay any salary by law.
Furthermore, if he has leave balance on account of PL, CL as per your company norms, on humanitarian grounds, you can make payment by adjusting 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 the grounds of medical/accident, etc.
I hope you got clarification.
Regards,
Pramod Thakar
Pune
From India, Pune
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Furthermore, if he has leave balance on account of PL, CL as per your company norms, on humanitarian grounds, you can make payment by adjusting 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 the grounds of medical/accident, etc.
I hope you got clarification.
Regards,
Pramod Thakar
Pune
From India, Pune
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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
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From India, Faridabad
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Dear Meenakshi,
If the employee is going to or coming from duty, it falls under notional extension and is eligible for accident benefits. In such cases, you are required to submit an accident report to ESIC for accident benefits, which cover 90% of the expenses. Otherwise, you should only claim sickness benefits, which cover 70%.
Raju
From India, Secunderabad
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If the employee is going to or coming from duty, it falls under notional extension and is eligible for accident benefits. In such cases, you are required to submit an accident report to ESIC for accident benefits, which cover 90% of the expenses. Otherwise, you should only claim sickness benefits, which cover 70%.
Raju
From India, Secunderabad
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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
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From India, Delhi
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Meenaxi,
The ESI Act has been amended, and a new section, namely Section 51-E, has been added. Under this section, an accident occurring to an employee while commuting to and from work is deemed to arise out of and in the course of employment if there is a nexus between the circumstances of the accident, the time, place, and his employment. This information is for your reference.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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The ESI Act has been amended, and a new section, namely Section 51-E, has been added. Under this section, an accident occurring to an employee while commuting to and from work is deemed to arise out of and in the course of employment if there is a nexus between the circumstances of the accident, the time, place, and his employment. This information is for your reference.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Dear Meenakshi,
You need to send Form 16 now. Since you are late, ESIC will seek your explanation, and you have to be prepared for that. The employee will be paid sickness benefit (around 50% of the salary) by the local office. Once the local office manager completes the inquiry, the concerned employee will be entitled to disablement benefit, i.e., around 70% of the salary. After paying 50%, the remaining 20% is paid only after a satisfactory inquiry by the manager. Once you fill up the form, ESIC will seek your explanation, and if necessary, an inquiry will be held in which the manager will visit the site of the accident and record statements of the victim and witnesses, as well as management, to confirm. As some members have stated, accidents occurring while coming to the office or going back are considered as accidents "in the course and out of employment."
Kind regards,
[Your Name]
From India, Coimbatore
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You need to send Form 16 now. Since you are late, ESIC will seek your explanation, and you have to be prepared for that. The employee will be paid sickness benefit (around 50% of the salary) by the local office. Once the local office manager completes the inquiry, the concerned employee will be entitled to disablement benefit, i.e., around 70% of the salary. After paying 50%, the remaining 20% is paid only after a satisfactory inquiry by the manager. Once you fill up the form, ESIC will seek your explanation, and if necessary, an inquiry will be held in which the manager will visit the site of the accident and record statements of the victim and witnesses, as well as management, to confirm. As some members have stated, accidents occurring while coming to the office or going back are considered as accidents "in the course and out of employment."
Kind regards,
[Your Name]
From India, Coimbatore
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