Dear Sir,
My father works as a night watchman, and unfortunately, he passed away while on duty. However, the factory management did not provide any compensation to us. How can I claim this compensation? Who should I contact for assistance? There are no labor lawyers in my town, and some lawyers are saying they are not familiar with these acts. What steps should I take to claim the compensation?
Thank you.
From India, Narasaraopet
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My father works as a night watchman, and unfortunately, he passed away while on duty. However, the factory management did not provide any compensation to us. How can I claim this compensation? Who should I contact for assistance? There are no labor lawyers in my town, and some lawyers are saying they are not familiar with these acts. What steps should I take to claim the compensation?
Thank you.
From India, Narasaraopet
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Was your father a regular employee of the company/factory? What did he die of? Which town are you from?
Our condolences on the death of your father. Please provide full details so that learned members can assist you with proper answers.
From India, Pune
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3251Our condolences on the death of your father. Please provide full details so that learned members can assist you with proper answers.
From India, Pune
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Your place is probably near Guntur district of AP. Approach labour authorities in Guntur for redressal.
From India, Pune
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From India, Pune
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Dear Syed Vali,
My heartfelt condolences to you and your family members. May Allah give you strength to bear this loss.
Dear Natharao,
May I ask you:
1. Does the ESI Act or EC Act distinguish between regular employees and non-regular employees?
2. In the case of death while on duty, how does it affect how the employee passed away?
Thank you.
From India, Mumbai
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My heartfelt condolences to you and your family members. May Allah give you strength to bear this loss.
Dear Natharao,
May I ask you:
1. Does the ESI Act or EC Act distinguish between regular employees and non-regular employees?
2. In the case of death while on duty, how does it affect how the employee passed away?
Thank you.
From India, Mumbai
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""death while on duty, how it affects as to what did employee die off?"" Kindly refer Chapter 11 EC Act 1923,Sec3 This describes Employer liability and reasons where employer is not liable.
From India, Pune
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From India, Pune
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Dear Nathrao,
It is Chapter II and not Chapter 11. The section 3 describes that the employer is not liable in certain cases, as you said, but there is an important wording - "not resulting in death or permanent total disablement," to my knowledge. I am writing this without referring to the section right now and hope I am not wrong. If I am wrong, please correct me.
From India, Mumbai
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It is Chapter II and not Chapter 11. The section 3 describes that the employer is not liable in certain cases, as you said, but there is an important wording - "not resulting in death or permanent total disablement," to my knowledge. I am writing this without referring to the section right now and hope I am not wrong. If I am wrong, please correct me.
From India, Mumbai
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What you have written is correct. But reading of this court decision The Managing Director vs Smt. Subbulakshmi on 8 April, 2011 though it went in favor of the worker's family may give cause to the employer to contest the claim. Therefore, I wanted to check for more details to understand the case fully.
"My father is doing a job like a night watchman." This sentence does not give a clue whether he was a direct factory employee or a contractor's employee.
From India, Pune
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"My father is doing a job like a night watchman." This sentence does not give a clue whether he was a direct factory employee or a contractor's employee.
From India, Pune
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I would request some of our learned friends who are located close/nearby to Syed's place to guide him, if possible. Maybe the local jurisdictional court has a Free Legal Cell whose assistance could be utilized in this case.
From India, Bangalore
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From India, Bangalore
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Dear friends,
I suggest handling it in a more polite way. Build up documentary records in the process. Please write an application as a son, submit or send by Registered post, asking factory management to square up dues due to families, including earned wages, leave salary, and other receivables that nominees are entitled to on completion of certain formalities. My advice is to first reach out to the company requesting the dues. In the meantime, obtain the father's PF and ESI numbers and cards, make arrangements for the Death Certificate and succession certificate as well. It's likely that you will receive almost all the due and payable money for the nominees.
My condolences to the family members!!! I pray that the ALMIGHTY gives you and your family members the strength to bear the loss, and may the departed soul rest in peace.
RDS Yadav
Management Adviser and Trainer
Director - Future Institute of Management and Technology
From India, Delhi
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I suggest handling it in a more polite way. Build up documentary records in the process. Please write an application as a son, submit or send by Registered post, asking factory management to square up dues due to families, including earned wages, leave salary, and other receivables that nominees are entitled to on completion of certain formalities. My advice is to first reach out to the company requesting the dues. In the meantime, obtain the father's PF and ESI numbers and cards, make arrangements for the Death Certificate and succession certificate as well. It's likely that you will receive almost all the due and payable money for the nominees.
My condolences to the family members!!! I pray that the ALMIGHTY gives you and your family members the strength to bear the loss, and may the departed soul rest in peace.
RDS Yadav
Management Adviser and Trainer
Director - Future Institute of Management and Technology
From India, Delhi
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Can anyone please clarify the following:
1. Is the company liable to pay the security watchman compensation if the watchman has been hired by the security agency, which has the direct employment clause, and the watchman continues to be the employee of the security agency and not the company where he is performing his duties? The security agency is also responsible for payment of salary/wages, including any allowances, as per the contract.
2. What are the responsibilities of both the company and the security agency towards the security personnel deployed in the factory premises?
From India, Mumbai
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1. Is the company liable to pay the security watchman compensation if the watchman has been hired by the security agency, which has the direct employment clause, and the watchman continues to be the employee of the security agency and not the company where he is performing his duties? The security agency is also responsible for payment of salary/wages, including any allowances, as per the contract.
2. What are the responsibilities of both the company and the security agency towards the security personnel deployed in the factory premises?
From India, Mumbai
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