Dear All
One of our employees met with an accident while going home from office @ 7.30 pm (our office time is between 8.00am to 5.00pm). HE has heavy fracture in his leg. He is covered under ESI. We have accident insurance also. At preset he is awailing treatment usign Insurance. I would like to know the following:
1. Is going / coming from office considered as ON DUTY
2.Is Co. liable to pay him any amount /wages for taking leave from office.
Regards
KSM
From India, Tirunelveli
One of our employees met with an accident while going home from office @ 7.30 pm (our office time is between 8.00am to 5.00pm). HE has heavy fracture in his leg. He is covered under ESI. We have accident insurance also. At preset he is awailing treatment usign Insurance. I would like to know the following:
1. Is going / coming from office considered as ON DUTY
2.Is Co. liable to pay him any amount /wages for taking leave from office.
Regards
KSM
From India, Tirunelveli
Dear KSM,
First (very clear) company has NO LIABILITY / NOT UNDER ANY OBLIGATION for paying wages once employee leaves office premises UNLESS OTHERWISE he left the premises for companies / official work outside the area.
Can you mention the reason for him to be at office till 7:30pm when the official closing hours are 05:00pm!! Salary for the number of LEAVE BALANCE IN EMPLOYEES CREDIT can be adjusted against this period. With that if your management wants to extend the benefit of paying wages for such incident that can very well be done on humanitarian grounds BUT this cannot be DISCRETIONARY - hope you got the point!
This cannot be claimed with ESIC as the benefits are extended ONLY if mishap is in office premises / official work outside premises after investigation.
Like you mentioned that the employee has insurance cover & meeting all the expenses with that; have heard that such insurance policies do cover wages. You can check about it with the insured company.
From India, Ahmedabad
204First (very clear) company has NO LIABILITY / NOT UNDER ANY OBLIGATION for paying wages once employee leaves office premises UNLESS OTHERWISE he left the premises for companies / official work outside the area.
Can you mention the reason for him to be at office till 7:30pm when the official closing hours are 05:00pm!! Salary for the number of LEAVE BALANCE IN EMPLOYEES CREDIT can be adjusted against this period. With that if your management wants to extend the benefit of paying wages for such incident that can very well be done on humanitarian grounds BUT this cannot be DISCRETIONARY - hope you got the point!
This cannot be claimed with ESIC as the benefits are extended ONLY if mishap is in office premises / official work outside premises after investigation.
Like you mentioned that the employee has insurance cover & meeting all the expenses with that; have heard that such insurance policies do cover wages. You can check about it with the insured company.
From India, Ahmedabad
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From United Kingdom
From United Kingdom
Hi,
Duty in the legal sense is an obligation to perform the allocated assignment,the breach of which may result in a contractual liability.The wilful negligence in performance of duty is a misconduct in employment.We have in our constitution a directive principle of state policy which makes it clear that the state shall make provision for securing just and humane condition of work under article 42 of Indian costitution and the spirit of the same shall be followed in the corporate world of this country.
Here in this case coming and going in office may also constitute in duty as the employer is to secure the just and humane condition of his work because he is temporarily incapacitated to do the work following an accident.Otherwise there will be no humane face of the employer in the organization.
As regard the querry as to whether the employee will be paid wages during his leave period will be governed by the fact as to whether he has any kind of leave due to him at his credit or whether he can be sanctioned leave in advance under the leave rule of the organization considering it from a compassionate angle.
After all, the humane side of the management is most important in discharge of administrative/HR function in a democratic welfare state.
With regards
S.G.Bhattacharjee
Guwahati
From India, Guwahati
Duty in the legal sense is an obligation to perform the allocated assignment,the breach of which may result in a contractual liability.The wilful negligence in performance of duty is a misconduct in employment.We have in our constitution a directive principle of state policy which makes it clear that the state shall make provision for securing just and humane condition of work under article 42 of Indian costitution and the spirit of the same shall be followed in the corporate world of this country.
Here in this case coming and going in office may also constitute in duty as the employer is to secure the just and humane condition of his work because he is temporarily incapacitated to do the work following an accident.Otherwise there will be no humane face of the employer in the organization.
As regard the querry as to whether the employee will be paid wages during his leave period will be governed by the fact as to whether he has any kind of leave due to him at his credit or whether he can be sanctioned leave in advance under the leave rule of the organization considering it from a compassionate angle.
After all, the humane side of the management is most important in discharge of administrative/HR function in a democratic welfare state.
With regards
S.G.Bhattacharjee
Guwahati
From India, Guwahati
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