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Dear sir,
Plz help me for that,
In my company a worker face accident before two months. from two months he is in ESI hospital. now he is saying that company will pay half salary (basic +DA) and other half salary will pay ESI for his absentism at company.
plz guide me what is legalty for that.
Regards,

From India, Lucknow
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
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
The employee, who covered under ESIC Act, is liable to get compensation from the ESIC only in case of any accident and leave thereon. No liability goes to the employer for payment of leaves and expenses incurred on medical treatment.
Regards,
Sivadasan

From India, Udaipur
Under ESI Act, In case of accident or hospitalisation all the amount would be recovered from the Insurance. Company is under no obligation to pay him even a single Rupee for the same...Kindly refer to Employee State Insurance Act, 1965 for the details.....
From United Kingdom
dear shekher, i too agreed the above replies and i suggest u to go thru the esic act 1965 jai bakshi
From India, Delhi
Dear,
ESI will pay the whole amount as per ESIC act and company is not liable to pay any amount,pls call me or give written application becuase i am running my NGO for helping legal issues related to industry.
www.globaloverseas.in and
My number is 9958404503 & 9899775578

From India, Delhi
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
Dear Shekhar,
If your hospitalised 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 and whatever leave are 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 thru employer (paid and unpaid leave), he is not entitled for both the benefits.
Thanks
Amit Anand Gera

From India, New Delhi
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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