Dear Sir,
Please help me with the following situation. In my company, a worker faced an accident two months ago. Since then, he has been receiving treatment at the ESI hospital. He now claims that the company will pay half of his salary (basic + DA), and the other half will be covered by ESI due to his absence from work.
Could you please guide me on the legality of this matter?
Regards,
From India, Lucknow
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10Please help me with the following situation. In my company, a worker faced an accident two months ago. Since then, he has been receiving treatment at the ESI hospital. He now claims that the company will pay half of his salary (basic + DA), and the other half will be covered by ESI due to his absence from work.
Could you please guide me on the legality of this matter?
Regards,
From India, Lucknow
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No, Employer not supposed to pay anything regarding his salary. ESI department will pay and on your attendence registers he must be marked as ESI leave. Regards Pankaj Chandan
From India, New delhi
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From India, New delhi
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Dear Shekhar, He can not claim anything from company.Company has already paid his contribution to ESIC.The compensation has to be paid by ESIC only. Sangeeta
From India, Ranchi
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From India, Ranchi
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The employee, who is covered under the ESIC Act, is liable to get compensation from the ESIC only in case of any accident and leave thereafter. No liability goes to the employer for payment of leaves and expenses incurred on medical treatment.
Regards,
Sivadasan
From India, Udaipur
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Regards,
Sivadasan
From India, Udaipur
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Under the ESI Act, in case of an accident or hospitalization, all the amount would be recovered from the insurance. The company is under no obligation to pay even a single Rupee for the same. Kindly refer to the Employee State Insurance Act, 1965, for the details.
From United Kingdom
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From United Kingdom
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dear shekher, i too agreed the above replies and i suggest u to go thru the esic act 1965 jai bakshi
From India, Delhi
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From India, Delhi
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Dear Shekar, No need for the company to pay since we are contributing to ESI he will be getting amount from ESI
From India, Pondicherry
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From India, Pondicherry
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Dear Shekhar,
If your hospitalized employee is asking for salary from the employer, then he must be told to apply for leave in writing duly approved by his immediate superior. Whatever leave is available in his leave account may please be given to him (if payable); otherwise, he may be told to go on Leave without pay. You must tell him the reason that either he can avail ESI benefits or benefits through the employer (paid and unpaid leave); he is not entitled to both benefits.
Thanks,
Amit Anand Gera
From India, New Delhi
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If your hospitalized employee is asking for salary from the employer, then he must be told to apply for leave in writing duly approved by his immediate superior. Whatever leave is available in his leave account may please be given to him (if payable); otherwise, he may be told to go on Leave without pay. You must tell him the reason that either he can avail ESI benefits or benefits through the employer (paid and unpaid leave); he is not entitled to both benefits.
Thanks,
Amit Anand Gera
From India, New Delhi
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The company is not bound to pay any thing as they have already paid the contribution of both part. Now it is insurance’s liability to pay him the applicable benefits and leave as per E S I Act.
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Dear Friends,
As per the act, the ESIC has to pay the benefits. Management does not need to pay anything. However, it is left to the discretion of the management to pay or not to pay. Some management goes out of its way to help its employees.
Manjunath G.K.
From India, Bangalore
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As per the act, the ESIC has to pay the benefits. Management does not need to pay anything. However, it is left to the discretion of the management to pay or not to pay. Some management goes out of its way to help its employees.
Manjunath G.K.
From India, Bangalore
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An employee who works in an establishment covered under the ESI Act and is also covered is not eligible for receiving salary while on ESI leave. If salary is paid during this period, the corporation will ask the employer/employee to refund the amount, as enjoying double benefits is not allowed.
From India, Kollam
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From India, Kollam
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Hello dear,
I have gone through your problem. First, let me know if the company has any policies in place in case of ESI coverage employees experiencing a salary shortage, which is to be paid by the company. In certain companies, this is paid as a furlough allowance to cover the remaining amount of salary.
If you do not have such a policy, then in the event of an accident occurring during working hours, you need to ensure that any necessary payments are made and that an accident report is sent to the ESI authority.
Himanshu
From India, Ahmadabad
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I have gone through your problem. First, let me know if the company has any policies in place in case of ESI coverage employees experiencing a salary shortage, which is to be paid by the company. In certain companies, this is paid as a furlough allowance to cover the remaining amount of salary.
If you do not have such a policy, then in the event of an accident occurring during working hours, you need to ensure that any necessary payments are made and that an accident report is sent to the ESI authority.
Himanshu
From India, Ahmadabad
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Employee's Compensation Act-2009.pdf
THE EMPLOYEE COMPENSATION ACT.docx