Dear Seniors,
I have an employee who is sick with a serious problem. He has been on ESIC leave for the past 2 years. Do I have to compulsorily keep him on my payroll? I don't mind him receiving the ESIC facilities, but the issue is that he is considered in all calculations. What are my rights in this regard?
From India, Jalgaon
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I have an employee who is sick with a serious problem. He has been on ESIC leave for the past 2 years. Do I have to compulsorily keep him on my payroll? I don't mind him receiving the ESIC facilities, but the issue is that he is considered in all calculations. What are my rights in this regard?
From India, Jalgaon
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Sir,
Please refer to Sections 72 & 73 of the Employees' State Insurance Act, 1948.
Please also refer to Regulation 98 of ESI (General) Regulations, 1952.
I hope that in the circumstances as mentioned by you, the above provisions of the Act/Regulations will be helpful to you in making an appropriate decision in the matter.
From India, Noida
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965Please refer to Sections 72 & 73 of the Employees' State Insurance Act, 1948.
Please also refer to Regulation 98 of ESI (General) Regulations, 1952.
I hope that in the circumstances as mentioned by you, the above provisions of the Act/Regulations will be helpful to you in making an appropriate decision in the matter.
From India, Noida
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Mr. Harsha, I hope you can explain about the mentioned clauses please.
From India, Hyderabad
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From India, Hyderabad
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Dear Shyam You reffer to ESB ESIC Extended Sickness benifitt & go ahead Regards Basavaraj Excutive HR
From India
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From India
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instead of referring or quoting the section why do no to you people explain answer for that question..
From India, Hyderabad
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From India, Hyderabad
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ESIC Act says
73. Employer not to dismiss or punish employee during period of sickness, etc. — (1)
No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the
period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as
provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee
during the period he is in receipt of disablement benefit for temporary disablement or is under
medical treatment for sickness or is absent from work as a result of illness duly certified in
accordance with the regulations to arise out of the pregnancy or confinement rendering the
employee unfit for work
As per this I think you cannot dismiss him from duties while he is on ESIC sickness leave.
From India, Hyderabad
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73. Employer not to dismiss or punish employee during period of sickness, etc. — (1)
No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the
period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as
provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee
during the period he is in receipt of disablement benefit for temporary disablement or is under
medical treatment for sickness or is absent from work as a result of illness duly certified in
accordance with the regulations to arise out of the pregnancy or confinement rendering the
employee unfit for work
As per this I think you cannot dismiss him from duties while he is on ESIC sickness leave.
From India, Hyderabad
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Are you sure the employee is really sick? Did anybody from management visit the employee, as a matter of courtesy as well as to check on the fact?
If you have a manpower problem, hire a person of equal caliber on a temporary basis. Also, ask the ill employee if they would like to continue.
From India, Bengaluru
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If you have a manpower problem, hire a person of equal caliber on a temporary basis. Also, ask the ill employee if they would like to continue.
From India, Bengaluru
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Dear Shyam,
You can't terminate or remove his name from your Company Muster Roll when he is under medical leave from ESIC. Before going to remove his name from the Muster Roll, please thoroughly review the below sections of the ESIC ACT 1948.
Section 72 of the Act places a bar upon the powers of an employer with regard to the reduction of wages of an employee for reasons of his liability to pay contribution.
Under Section 73, an employer cannot dismiss or punish an employee during the period of his certified sickness, etc. Contravention of these provisions attracts penalties provided under Section 85 of the Act.
Regards,
Musa S
From India, New Delhi
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You can't terminate or remove his name from your Company Muster Roll when he is under medical leave from ESIC. Before going to remove his name from the Muster Roll, please thoroughly review the below sections of the ESIC ACT 1948.
Section 72 of the Act places a bar upon the powers of an employer with regard to the reduction of wages of an employee for reasons of his liability to pay contribution.
Under Section 73, an employer cannot dismiss or punish an employee during the period of his certified sickness, etc. Contravention of these provisions attracts penalties provided under Section 85 of the Act.
Regards,
Musa S
From India, New Delhi
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Dear all,
In case a person is availing benefits on sickness grounds, no action for termination or abandonment can be initiated. However, if the employee concerned appears to be taking sick leave on fabricated or manipulated grounds, such cases can be referred for examination by the Insurance referee of ESIC. Please send your complaint to the relevant Regional Office for further review.
P K Sharma
From India, Delhi
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In case a person is availing benefits on sickness grounds, no action for termination or abandonment can be initiated. However, if the employee concerned appears to be taking sick leave on fabricated or manipulated grounds, such cases can be referred for examination by the Insurance referee of ESIC. Please send your complaint to the relevant Regional Office for further review.
P K Sharma
From India, Delhi
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Hello Shyam,
There is no limit to avail the ESIC leaves. For verification purposes, you can follow the guidelines below:
- ESIC will issue an unfit certificate. They are issuing a maximum for one week.
- No need to pay salary; make LOP for the concerned leave period (including Sundays and holidays).
- ESIC will pay the salary as per ESIC rules.
- At the time of joining, ask for a fitness certificate.
- If you have any doubts about the fitness certificate issued by ESIC, the employer can contact the ESIC commissioner of the region and file a complaint for re-verification.
- The employee or his relative has to submit the unfit certificate to the company every week.
Thank you.
Regards,
Ashish
From India, Pune
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There is no limit to avail the ESIC leaves. For verification purposes, you can follow the guidelines below:
- ESIC will issue an unfit certificate. They are issuing a maximum for one week.
- No need to pay salary; make LOP for the concerned leave period (including Sundays and holidays).
- ESIC will pay the salary as per ESIC rules.
- At the time of joining, ask for a fitness certificate.
- If you have any doubts about the fitness certificate issued by ESIC, the employer can contact the ESIC commissioner of the region and file a complaint for re-verification.
- The employee or his relative has to submit the unfit certificate to the company every week.
Thank you.
Regards,
Ashish
From India, Pune
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