Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Adv. Manoj Liyonzon
1. From the facts submitted, it is clear that the said employee is not covered under ESI Scheme. The said employee appears to be also not covered under The Sales Promotion Employees (CoS) Act, 1976 due to his getting such higher salary etc. It is however, also not clear whether the said employee who sustained accident in the course and out of employment, is covered as an "employee" within the meaning of the Employees' Compensation Act, 1923.
2. If the said employee is also not covered under Employees' Compensation Act, 1923, then it will not be feasible for him to claim any compensation under said Act from his employer because he will not be entitled to the compensation of temporary disablement benefit as admissible under said Act.
3. I understand that there are no leaves which can be called as "Accidental Leaves" in different labour laws. These are called temporary or permanent disablement benefits or dependants benefit as the case may be. But however, it can be seen if there is any such Accidental Leave policy of the Public Ltd. company in which employee is working and is governed. It can also be seen if the employer has any Accidental Insurance Policy with any commercial insurance company from where the said employee can make his claim.
4. In this CiteHR in the past also some discussion was held, though on different facts. The online link of the said discussion is mentioned as follows, which are also relevant on the subject:-
5. If all the channels as mentioned above are not available to the employee,I think, the said injured employee, will have no alternative except to make claims by filing civil suit for compensation/damages in the appropriate court, which may take a long time for decision. However, since this is complex question, I will also expect that the seniors or experts may kindly like to offer their comments in the above situation.
6th November 2014 From India, Noida
Now coming to the Workmen's (Employees) Compensation Act also, the same principle will apply. If he has been working purely in managerial capacity only he would be denied the compensation, otherwise the employer is liable to take care of expenses in connection with medical care and pay compensation. This could also be mitigated by means of insurance.
Moreover, the company should have taken the matter in a more professional way by giving the salary in full or paying equivalent amount as advance and keeping the disputes pending. This is because the matter being a road accident case, the final award will be from the MACT (Motor Accident Claim Tribunal). Only thing is that the employee should not be allowed to take advantage of the accident by claiming loss of pay from the insurers and taking pay from the company. Therefore, there can also be an understanding that once the court settlement is made, the amount received as salary or advance would be returned to the company.
6th November 2014 From India, Kannur
expenses that is incurred by employee such has hospitalisation charges. He is eligible to get his full salary without any deduction. He need not
apply for leave also. As per Act the employee should get all benefits till he leads normal life. The employer should treat him on humanitarian grounds.
If the employee goes to Labour court, much more compensation will have to be paid to the employee . Please consult your Lawyer and act
13th November 2014 From India, Visakhapatnam
14th November 2014 From India, Chennai