In case employee working in private company as Sr Manager and he is on tour due to company work and he get illness on duty resulted death. Company does not have any policy of death compensation how i can claim death compensation from company and what amount please kindly advise
From India, Shimla
From India, Shimla
Whether the Employee was covered under EPF/Gratuity Act? Please give all details about Employment of deceased Person?You can not come to conclusion that death while on Official Work due to illness is eligible for Compensation from Company
From India, New Delhi
609From India, New Delhi
In the first case, the policy of the company does not matter. What matters in state, is whether the death comes under whatever is defined in the employee compensation act. The act covers all cases of death or disablity of all employee as long as it is during and in the course of employment.
In your case, it is now a question of whether the illness was in the course of employment, whether the employment and the fact that he was on a trip had anything to do with his illness and whether it was a contributing factor to to his death.
If his death was due to the fact that he was on the company's business and was on a tour for the work of the company, then the act applies and the compensation is applicable under the act irrespective of what the company's policy is.
However, please note that The compensation under the act would be limited based on the salary ceiling, currently at Rs.8000 per month. If you feel that the employees family is eligible, you need to file an application for the same with the labour commissioner of the concerned office. He will evaluate the case and asked the company to respond, and finally decide on the compensation amount if applicable
From India, Mumbai
In your case, it is now a question of whether the illness was in the course of employment, whether the employment and the fact that he was on a trip had anything to do with his illness and whether it was a contributing factor to to his death.
If his death was due to the fact that he was on the company's business and was on a tour for the work of the company, then the act applies and the compensation is applicable under the act irrespective of what the company's policy is.
However, please note that The compensation under the act would be limited based on the salary ceiling, currently at Rs.8000 per month. If you feel that the employees family is eligible, you need to file an application for the same with the labour commissioner of the concerned office. He will evaluate the case and asked the company to respond, and finally decide on the compensation amount if applicable
From India, Mumbai
Saswata Banerjee,
Sir,
Kindly let me know that if the employee is covered under PF/ESI/ Gratuity Act, then the Workman Compensation Act will be applicable or not. As I know that if the employee is covered under ESI, then Workman Compensation Act is not applicable. But what about non ESI.
Thanks
SNC, JSR
From India, Ranchi
Sir,
Kindly let me know that if the employee is covered under PF/ESI/ Gratuity Act, then the Workman Compensation Act will be applicable or not. As I know that if the employee is covered under ESI, then Workman Compensation Act is not applicable. But what about non ESI.
Thanks
SNC, JSR
From India, Ranchi
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Company Car Policy.doc