Dinesh DivekarDear Manikandan,
First and foremost the important thing to find out is whether the death is attributed to the employment or not. Please investigate where death took place, under what circumstances took place, what was the primary/secondary cause etc. Order domestic enquiry to enquire the matter. If the death is not attributable to the employer then your responsibility is less.
From India, Bangalore
Shikha.Joshi1883Hi.I had a similar query and needed some views. An employee had an incident in office (not attributed to employment) and is hospitalised for a critical illness. The insurance cover would take care of the expenses to an extent but the employee might need a long duration of treatment. He might/ might not be able to resume duties and would need time to recuperate. I understand the company can put him on sabbatical and take a call at a later juncture. Till what time can we have an employee on sabbatical (on rolls, without any labor law issue) and is there any specific liability on the company w.r.t employee welfare?
From India, Mumbai
Dinesh DivekarDear Shikha,
If the employee is unable to attend duties because of medical reasons then you may keep the employee on rolls. Since he does not attend duties, you may will have to show him absent. Do not pay him anything for his absence. When he becomes fit to attend his duties, let him join duties. Since his absence is caused owing to medical reasons it is not a matter of indiscipline and you do not have to take disciplinary action against him. Labour authorities do not question for keeping employee on the rolls in spite of long absence.
Since the employee remains absent, he she forfeits his wages. However, as a welfare measure, you may provide him ex gratia. Ex gratia is defined as done from a sense of moral obligation rather than because of any legal requirement. How much to pay him ex gratia is a call that your management has to take.
Practically you may show him that he is on sabbatical but theoretically this is incorrect. "Sabbatical leave" is defined as a leave usually taken every seventh year. Another definition of sabbatical is a period of paid leave granted to a university teacher for study or travel, traditionally one year for every seven years worked.
As far as labour laws are concerned, there is no mention of sabbatical leave in any of the law. Therefore, this provision is on and above the regular laws.
From India, Bangalore