Thank you So much Anita, Kalyan Roy, Varghese Mathew, & Rajiv for your immediate replies and Special Thanks for pawan bhatia to suggest me some welfare for the Employees who were dead over by phone & TS...
From India, Bangalore
53From India, Bangalore
1. Definitely i agree with you Completely that it was Road Accident but unfortunately they were travelling from work place to their home so the responsibility of the employer will be...
2. For us they are Employees and Even for the peoples who talk about the accident will mention the 4 Employees in our company are dead because this was major accident where the Labour Minister himself told he will be looking this so seriously and took some preventive steps....
3. Yeah they were not in employment i mean inside the factory but they were returning to Home (So the accident report has been submitted to ESIC)
4. Absolutely...
5. Yes the Ultimate responsibility falls on the head of Government and the Private Bus we have lodged a complaint against the private Bus owner and with insurance he is giving compensation to the death Passengers and Government has announced some compensation for the family members who died in the accident
6. For that we are insisting ESIC for Compensation and compensation from the labour welfare fund...
7. It was so Touching by your seventh point i Second you BSSV for this point......:):)
We have already taken care of Funeral Expenses for employees who are died and we paid the Ambulance Amount and we are following it up with ESIC, EPFO, and Labour Welfare Fund to get the maximum out what we can for them....
From India, Bangalore
2. For us they are Employees and Even for the peoples who talk about the accident will mention the 4 Employees in our company are dead because this was major accident where the Labour Minister himself told he will be looking this so seriously and took some preventive steps....
3. Yeah they were not in employment i mean inside the factory but they were returning to Home (So the accident report has been submitted to ESIC)
4. Absolutely...
5. Yes the Ultimate responsibility falls on the head of Government and the Private Bus we have lodged a complaint against the private Bus owner and with insurance he is giving compensation to the death Passengers and Government has announced some compensation for the family members who died in the accident
6. For that we are insisting ESIC for Compensation and compensation from the labour welfare fund...
7. It was so Touching by your seventh point i Second you BSSV for this point......:):)
We have already taken care of Funeral Expenses for employees who are died and we paid the Ambulance Amount and we are following it up with ESIC, EPFO, and Labour Welfare Fund to get the maximum out what we can for them....
From India, Bangalore
Thank you Hansi for giving a caution call But Already due to my Good rapport in Labour Office and Contractors we were safe from the situation all our MD/Directors/Myself/Staff/Employees/Contractors were present at the Hospital where the Postmodern bodies were hand overed for their family members we all empathized/Sympathized their family members and we were part of their sadness..........
Apart from this Some relatives of the died employees were demanding for Compensation so we made it clear to them and we all attended their Funeral......:(:(
From India, Bangalore
Apart from this Some relatives of the died employees were demanding for Compensation so we made it clear to them and we all attended their Funeral......:(:(
From India, Bangalore
Hello Ramkishore,
There are a few aspects that come out VERY GLARINGLY in this thread.
1] Your company as well as your employees/colleagues can really relax with someone like you in HR--seriously.....no pun intended pl.
2] The level/quality of advice--and more importantly, 'timely' advice--being given by the members only validates/corroborates the positive reputation that CiteHR has built-up over the years.
3] And I guess, this only raises the bar of responsibility of the members to maintain & further enhance the quality of interaction--both in terms of solutions/suggestions & timeliness--in the future.
All the Best.
Rgds,
TS
From India, Hyderabad
There are a few aspects that come out VERY GLARINGLY in this thread.
1] Your company as well as your employees/colleagues can really relax with someone like you in HR--seriously.....no pun intended pl.
2] The level/quality of advice--and more importantly, 'timely' advice--being given by the members only validates/corroborates the positive reputation that CiteHR has built-up over the years.
3] And I guess, this only raises the bar of responsibility of the members to maintain & further enhance the quality of interaction--both in terms of solutions/suggestions & timeliness--in the future.
All the Best.
Rgds,
TS
From India, Hyderabad
When road accdients happen within the radius of 1.5 Kms from the workplace, this would be construed to be "arising out of employement". I remember some case laws on this. Let me check, whether I could elicit. In that case, the immediate employer (contractor) will be responsible for compensation. Principle employer will be made as party as he has vicarious responsibility. All these things would be possible only when it is provided the accident happened within that vicitinity.
Otherwise, as this is purely involvement of two vehicles, the victims will be treated as one among the public. The immediate employer / Principle employer will have no say in this. However, since they worked with the organization, probably, on humanitarian ground, the Principle employer may take part in their greif by paying some amount from their exchequer. Even employees can contribute their one day salary or something, to ease help in the crisis. Legally Labour office cannot bind the contractor / employer, if so.
I suggest, there is a policy available with "The New India Assurance", (or any such insurance). Formerly it was known as "Nagrik Suraksha" policy, now being referred as Group Personal Accident Policy. The premium works out to Rs.900/- per annum per employee. This is a named policy covering any risk arising out of any accident. In case of any eventuality the legal heirs of the victim get Rs.8.00 or little above as accidental benefit. In case of any injury, there is coverage to the extent of Rs.1.0 lac or Rs.2.0 (as we want). This wil take care of fracture, motorbike skidding. One more thing. When I say accident it also covers an accidental fall in the bath room and fractures his leg or arm. It is 24 hours coverage. It is a small amount, probably, your organization can look for such protection. Try !
V. Balaji
From India, Madras
Otherwise, as this is purely involvement of two vehicles, the victims will be treated as one among the public. The immediate employer / Principle employer will have no say in this. However, since they worked with the organization, probably, on humanitarian ground, the Principle employer may take part in their greif by paying some amount from their exchequer. Even employees can contribute their one day salary or something, to ease help in the crisis. Legally Labour office cannot bind the contractor / employer, if so.
I suggest, there is a policy available with "The New India Assurance", (or any such insurance). Formerly it was known as "Nagrik Suraksha" policy, now being referred as Group Personal Accident Policy. The premium works out to Rs.900/- per annum per employee. This is a named policy covering any risk arising out of any accident. In case of any eventuality the legal heirs of the victim get Rs.8.00 or little above as accidental benefit. In case of any injury, there is coverage to the extent of Rs.1.0 lac or Rs.2.0 (as we want). This wil take care of fracture, motorbike skidding. One more thing. When I say accident it also covers an accidental fall in the bath room and fractures his leg or arm. It is 24 hours coverage. It is a small amount, probably, your organization can look for such protection. Try !
V. Balaji
From India, Madras
Dear Friend,
At the outset, I too join in sending my condolences to the departed souls. As my friend BSSV suggested, the accident took place out of the employment. Hence, they will not get in any benefits from ESI. However, the legal heirs can claim the funeral benefit of Rs. 10000/- from the concerned local office. Kindly get in touch with the local office Manager.
There is some decisions, if your employees had been travelling on duty, or if they are on the way to work, you can take up the issue with the ESI authorities. In such cases, you have to send the Accident Report in Form No. 12 to the local office concerned. Kindly do check with the ESI Manager of the local office.
As a gesture your Management or the contractor can help their families whatever the way is convenient to you. As a principal employer you do not have any obligtion under labour law. On humanitarian consideration, if you provide some financial help or a job to the member of their family will go a long way in alleviating their sufferings.
Always wise heads prevail.
G.K.Manjunath,
Sr. Manager-HR
From India, Bangalore
At the outset, I too join in sending my condolences to the departed souls. As my friend BSSV suggested, the accident took place out of the employment. Hence, they will not get in any benefits from ESI. However, the legal heirs can claim the funeral benefit of Rs. 10000/- from the concerned local office. Kindly get in touch with the local office Manager.
There is some decisions, if your employees had been travelling on duty, or if they are on the way to work, you can take up the issue with the ESI authorities. In such cases, you have to send the Accident Report in Form No. 12 to the local office concerned. Kindly do check with the ESI Manager of the local office.
As a gesture your Management or the contractor can help their families whatever the way is convenient to you. As a principal employer you do not have any obligtion under labour law. On humanitarian consideration, if you provide some financial help or a job to the member of their family will go a long way in alleviating their sufferings.
Always wise heads prevail.
G.K.Manjunath,
Sr. Manager-HR
From India, Bangalore
Hello Friend, Condolences for the families of the deceased. a very sad one. Good that as an employer you have concern for them.
As this forms part of vicarious liability as per law of torts, it is constructed that the employee is at work place until they reach their home as per number of case laws. It is suggested to meet the labour department officials and discuss with them in such circumstances what is the best solution as they would have handled numerous cases every day across the state.
First thing is to speak to the household of the dead, work towards fast settlement of PF and ESI benefits for the nominees.
Feel free to call me anytime for more details.
Regards,
Shama Sundar
Advocate and Labour Law Consultant
94814 27154
From India, Bangalore
As this forms part of vicarious liability as per law of torts, it is constructed that the employee is at work place until they reach their home as per number of case laws. It is suggested to meet the labour department officials and discuss with them in such circumstances what is the best solution as they would have handled numerous cases every day across the state.
First thing is to speak to the household of the dead, work towards fast settlement of PF and ESI benefits for the nominees.
Feel free to call me anytime for more details.
Regards,
Shama Sundar
Advocate and Labour Law Consultant
94814 27154
From India, Bangalore
Dear Ram Kishore ji,
First of all, I express my deep condolence for families of victims.
You being an employer or principal employer wish to help the families of victims in getting the maximum benefit for Employees who died in an accident.
You said that all the victims are covered under ESIS. I believe they are also covered under EPF.
You have not mentioned whether the victims were commuting from their house to place of work or from place of work to their house. This is very importance factor for applying notional extension for claim compensation under ESIS and under Employees’’ Compensation Act 1923.
Since the employees are covered under ESIS, you are not liable to pay compensation under the Employees’ Compensation Act 1923.
You need to help the families of victims in getting the compensation under ESIS scheme such as funeral expenses and Dependant's benefit. You need to help the families of victims in settlement of EPF dues including pension and Insurance under EDLI. You need to pay Gratuity under the Gratuity Act.
The compensation claim under road accident are settled under Motor Vehicles Act, 1988, The police officer under whose jurisdiction the accident occurred is required to forward the report to the Motor Accidents Claims Tribunal (MACT) within 30 days and the Claims Tribunal considers such report as an application for compensation. You need to help the families of victims to get this compensation.
God bless you for helping the families of victims. Kindly share your experience and knowledge gained in settling these issues.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
First of all, I express my deep condolence for families of victims.
You being an employer or principal employer wish to help the families of victims in getting the maximum benefit for Employees who died in an accident.
You said that all the victims are covered under ESIS. I believe they are also covered under EPF.
You have not mentioned whether the victims were commuting from their house to place of work or from place of work to their house. This is very importance factor for applying notional extension for claim compensation under ESIS and under Employees’’ Compensation Act 1923.
Since the employees are covered under ESIS, you are not liable to pay compensation under the Employees’ Compensation Act 1923.
You need to help the families of victims in getting the compensation under ESIS scheme such as funeral expenses and Dependant's benefit. You need to help the families of victims in settlement of EPF dues including pension and Insurance under EDLI. You need to pay Gratuity under the Gratuity Act.
The compensation claim under road accident are settled under Motor Vehicles Act, 1988, The police officer under whose jurisdiction the accident occurred is required to forward the report to the Motor Accidents Claims Tribunal (MACT) within 30 days and the Claims Tribunal considers such report as an application for compensation. You need to help the families of victims to get this compensation.
God bless you for helping the families of victims. Kindly share your experience and knowledge gained in settling these issues.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
Dear All,
After my reply to Mr. Ram Kishore ji as above, now I wish to draw the attention of you all to the Section 53 of ESI Act which deals with a Bar against receiving or recovery of compensation or damages under any other law.
This bar is against receiving or recovery of compensation or damages from the employer and not from stranger to the contract of employment, according to a Division Bench of the Kerala High Court consisting of Justice R Basant and Justice C T Ravikumar.
A claim for compensation in tort against a stranger can co-exist with a claim for benefits under the ESI Act. The expression “any other person” in Section 53 of the ESI Act does not take in a stranger who by his negligence caused the accident. The expression takes within its weep only such other person who is sought to be made liable under or on the basis of the contract of employment to compensate the employee for the employment injury suffered by him. If an injury is suffered in a motor accident and such injury is also an employment injury the Section 53 does not bar the claim in tort under Section 166 of the Motor Vehicles Act against a stranger or tort-feasor; but it bars the claim against the employer under any other law, including the Motor Vehicles Act.The insurance coverage under the ESI Act is in addition to and not in substitution of the other remedies against a stranger (to the contract of employment), the Bench ruled.
This is for your information and further discussions.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
After my reply to Mr. Ram Kishore ji as above, now I wish to draw the attention of you all to the Section 53 of ESI Act which deals with a Bar against receiving or recovery of compensation or damages under any other law.
This bar is against receiving or recovery of compensation or damages from the employer and not from stranger to the contract of employment, according to a Division Bench of the Kerala High Court consisting of Justice R Basant and Justice C T Ravikumar.
A claim for compensation in tort against a stranger can co-exist with a claim for benefits under the ESI Act. The expression “any other person” in Section 53 of the ESI Act does not take in a stranger who by his negligence caused the accident. The expression takes within its weep only such other person who is sought to be made liable under or on the basis of the contract of employment to compensate the employee for the employment injury suffered by him. If an injury is suffered in a motor accident and such injury is also an employment injury the Section 53 does not bar the claim in tort under Section 166 of the Motor Vehicles Act against a stranger or tort-feasor; but it bars the claim against the employer under any other law, including the Motor Vehicles Act.The insurance coverage under the ESI Act is in addition to and not in substitution of the other remedies against a stranger (to the contract of employment), the Bench ruled.
This is for your information and further discussions.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
First up all do not get panic. The following will give answer to your query.
1)Whether the employees were returning or coming to attend duties? If answer is yes, it is vicarious responsibility of the employer to pay legal dues.
2) In case answer to above question is No,whatever help your company has provided wi;l fall under social responsibility.
From India, Mumbai
1)Whether the employees were returning or coming to attend duties? If answer is yes, it is vicarious responsibility of the employer to pay legal dues.
2) In case answer to above question is No,whatever help your company has provided wi;l fall under social responsibility.
From India, Mumbai
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