Dear All,I had come across a difficult situation in my organisation.I would like to share with all of you.In my company, one of our associate names as Mohd Muzaffar had complained about the chest pain while doing night shift. As he is the type of employee who always used to do some dramas and try to create scenes.During the night, we have admitted them to one of the best hospitals regading his problem. Doctor says that it was a major Heart attack and need surgery for it.We have consulted other doctors who all are famous in the field of heart. They all have said that this surgery is not required. Company had beared all the cost till now and from this hospital we want to transfer to some other to better doctor.His family had created scene on the spot with us at 12:30 in the night and asking that company should taken the whole responsibility of the patient.We have checked with our legal advisor. He suggested that company responsibility is till the admission of patient and to give the benefit of 50,000 insured which we had taken for our staff memeber associates.Now yesterday, surgery had done and the whole cost is beared by the company.Now my questtion is that what are he legal bindation of the company and how as a HR person i will deal situation like this in the future.Please suggest me how to deal in this situation regarding every things like leagal point of view, trade unions etc.With warm regardsRanjeet
From India, New Delhi
11From India, New Delhi
These all depend upon the policy of the company. There are companies which seldom care for such incidents once the employee is admitted in the hospital and the relatives of the employee have arrived. Certainly, small companies can not bear such heavy expenditure. At the same time, big companies do. Legally, an employer has no much responsibilities. If the employee is covered by ESI, the employer's liability is limited to his act of hospitalising the employee and formalities connected with informing the ESI authorities. In such cases also, employer can be more sympathetic and go beyond their responsibilities. It should also be understood that the trade unions which fight for their demands also have the same responsibility in such cases as do the employers. Therefore, if the relatives of the employee create a scene, it should be taken as their reaction towards management and should not be taken as a claim that the employer should take care of all expenses connected with hospitalisation just because the employer gave him employment. And by such act of giving employment, the employer never takes such uncertain responsibilities. However, on humanitarian ground and depending upon the financial position of the employer, a policy shall be framed to help the employees who meet with such misfortune events. A group insurance policy will certainly help the employer a lot to solve these issues. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
dear ranjeet first of all tell us what was his job profile ,whether he was covered under ESI. see,if he is covered under ESI you donot have any responsiblity. if he is not covered under ESI than does heart attack has any relation with nature of work. under workmen compensation act he has to to proove to get benefit that his heart attact has direct relation with the work he was performing.it means he got heart attack due to work pressure other wise he is not entitle for anything. regards js malik
From India, Delhi
From India, Delhi
Dear Madhu Sir and Malik Sir, Thanks for the replies. He is doing work under the kitchen department as chef. Beside this their salries and perk are so higher that tghey are not covered under esic. However we have taken 50,000 mediclaim policy for the staff grade members. Madhu Sir, Can you tell me something about group insurance policy whther it is Group Linked insurance or other. Plz explain. Also plz draft a copy of termination of services letter of confirmed employee and in case of apprentices. I am highly obliged to you. Regards Ranjeet
From India, New Delhi
From India, New Delhi
Dear Sir,I ahd a confusion.We have a cuople working in our unit. Both of them have submitted the medical and child eduction reimbursement form for the same children and dependant parents.Whether both of them can claim individullay for the same child or parent.Prompt action will be highly appreciated.RegardsRanjeet
From India, New Delhi
From India, New Delhi
For details about group insurance, please contact any financial adviser, preferably of LIC of India. By means of group insurance you can get exemption from contribution towards Employees Deposit Linked Insurance of EPF also. If my understanding is right, both husband and wife can not claim LTA and medical on the same trip and same medical expenses incurred. However, if these two are part of their salary, you have to give LTA and Medical allowance to both of them irrespective of for whom the same were incurred. But the same will be taxable in the hands of one of the receipiants. Under such circumstances, it is advisable to adjust the salary of either of them to include the element of LTA and Medical and avoid paying them separately. Termination letters formats are available in this site itself. Since it depends upon situation, please narrate the situation which lead to termination, like, termination as policy, termination for misconduct after undergoing a process of disciplinary action etc. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Since group insurance does not cover hospitalisation expenses, a medical claim policy of any reputed insurance company would be ideal to meet the expenses of hospitalisation.
From India, Madras
From India, Madras
If due to the pressure of work which cause heart attack out of and in the course of employment then he is eligible for compensation for heart attack whether by ESIC or Workmen Compensation Act. Your company has defence expressed in the workmen compensation Act as well. But practically you have to adhere humanitarian aspect rather than legal angle which do not give you any respite because you have to bear cost as he was taken to hospital from worksite therefore his work has contributed add burdon on heart and caused attack is imterpretation by the law and in any court. Even Trade Union will defend his case as this is related to social security of employee. Better you should claim money from insurance company because company has very little liability even they are given tax rebate so emlpoyer should not bother of minor expenses for operation whatever amount may be life is more precious than money. Employers normally have tendencies to spend most of profits on company infrastructure to show expenses instead of paying taxes. You should take this opportunity as tax saving expenditure and also humaniterian approach of the company to improve industrial relations and employees faith in the organization as well. Partho
From Saudi Arabia
From Saudi Arabia
Dear All, Thanks for your valuable inputs. Madhu Sir, I require termination letter in case of apprentices for absconding cases. because this is the first time i met this situtaion and really i dont know about the leagal complication and all. Regards Ranjeet
From India, New Delhi
From India, New Delhi
If an apprentice is not reporting send a letter to his residence with a copy marked to the Apprentice Adviser/ Training Officer of the RI Centre (Related Instruction Centre) under him he has been registered as Apprentice. The letter shall be the same as used in the case of other employees as follows: " You have been absenting from training without notice since .... (date)... As you know that abstaining from training is violation of terms of apprentice contract. Your not reporting shall be deemed that you are not interested in continuing with the training. As such your contract of training stands terminated automatically. However, you are hereby given an opportunity of being heard and you are hereby required to explain why your contract for training with us should not be terminated and why action for recovering training costs already incurred by us should not be initiated against you. You written explanation should reach the undersigned within 2 days. Sd/-" Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Heart Attack on duty is Injury Caused During Work (TOI - 29-Dec-2020).jp g
Very Very Important Information - Heart Attack.pps