Dear All
I have a query regarding Accident On Duty & Salary during the same period of leave.
Detailed Background:
- Employee is with Sales & Marketing Department of Public Ltd in middle management level
- Employee is with the company since 1 Year 8 Months and Confirmed employee
- During Official Tour from Base Location to Dealer Location in Official Car met with the major accident
- Heavily injured (Forehead, Left Shoulder, Thighs, Multiple Fractures on nose Bone and other minor injuries)
- Accident Happened on 05-Sep-14 and treatment is still going on (may take 1-2 months more as advised by Orthopedic Surgeon)
Query:
- Is Employee entitled for Accidental Leaves?
- Will he get salary for the said period?
Additional Information:
- Salary for first month has been credited to employee account which is asked to be recovered from next month salary
Reason for query:
- Today employee got a call from HR Department regarding deduction of salary by saying that employee will not get salary during this accident leave period
- Under GPA (Group Personal Accident) employee will get some amount approx (5000 Rs / Week) while employee's monthly salary is 1.1 Lakh Per month
- Balanced leaves available with employee: PL - 20, SL - 0
Request all of you to give comment and your able guidance in this case.
Thanking you all.
From India, Mumbai
I have a query regarding Accident On Duty & Salary during the same period of leave.
Detailed Background:
- Employee is with Sales & Marketing Department of Public Ltd in middle management level
- Employee is with the company since 1 Year 8 Months and Confirmed employee
- During Official Tour from Base Location to Dealer Location in Official Car met with the major accident
- Heavily injured (Forehead, Left Shoulder, Thighs, Multiple Fractures on nose Bone and other minor injuries)
- Accident Happened on 05-Sep-14 and treatment is still going on (may take 1-2 months more as advised by Orthopedic Surgeon)
Query:
- Is Employee entitled for Accidental Leaves?
- Will he get salary for the said period?
Additional Information:
- Salary for first month has been credited to employee account which is asked to be recovered from next month salary
Reason for query:
- Today employee got a call from HR Department regarding deduction of salary by saying that employee will not get salary during this accident leave period
- Under GPA (Group Personal Accident) employee will get some amount approx (5000 Rs / Week) while employee's monthly salary is 1.1 Lakh Per month
- Balanced leaves available with employee: PL - 20, SL - 0
Request all of you to give comment and your able guidance in this case.
Thanking you all.
From India, Mumbai
Sir,
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:-
https://www.citehr.com/117108-accide...bour-laws.html
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.
From India, Noida
9211. 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:-
https://www.citehr.com/117108-accide...bour-laws.html
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.
From India, Noida
Even though the injured was drawing a salary of Rs 1.1 lakhs, he should come under the purview of Sales Promotion Employees (Conditions of Service ) Act and Employees Compensation Act subject to certain conditions. Therefore, if the injured employee has been working as a sales promotion employee of a pharmaceutical company (the Act was primarily passed to cover these people only) or such other industries which were later on added for coverage of the Act, such as, cosmetics, soaps and disinfectants, ready made garments, soft drinks, biscuits and confectioneries, automobile, electronics, computers , electrical appliances and paints, it will become the employer's responsibility to grant paid leave and take care of the medical expenses till he is fit to resume work. It should also be remembered that it is the responsibility of the employer to take necessary insurance, personal accident and medi claim according to the salary of the employees so as to mitigate the loss/cost. If the employer had taken insurance sufficient to compensate the loss of income of the employee, naturally, there would not have arose much cost.
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.
Madhu.T.K
From India, Kannur
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.
Madhu.T.K
From India, Kannur
The accident occured during the official duty and whatever mishap took place is the responsibility of employer. The employer has to bear all the
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
accordingly.
D.SUBBA RAO
From India, Visakhapatnam
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
accordingly.
D.SUBBA RAO
From India, Visakhapatnam
the employee met accident "during & in the course of employment". therefore it is the duty of the company to compensate his losses while referring some indian courts verdicts. he looses working ability, physical strain, mental strain etc., for which the company is liable. if he approaches the court, then the company has to pay his full salary until he recovers, & even if dismisses, the company has to compensate until he joins another job.
From India, Chennai
From India, Chennai
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