Dear friends,
I have an urgent query regarding compensation under ESI in case of death of employee, who was on deputation for more than 10 months.
To elaborate more on this - Deceased was deputed from Delhi to Nagaur, Rajasthan in July 2008, and was there till 15th May 2009. On the fateful day he left office at 5:30 in evening for doctor's appointment in a government hospital, but soon after leaving hospital after checkup and prescription he was brought back and was treated accordingly but could not survive. The reason for death was declared as Sun stroke, and heart seizure.
After several grievances with the Employer, we have been told that ESI compensation would have been valid if this would have happened in Office itself and not after he left office.
It may sound dumb but we are not really sure of the rules, and would appreciate if you can help us understand, the guidelines on applicable time of coverage on working days in and out of office, and compensation for people on deputation.
Please help us.
Thanks and Regards,
-Kapil Saxena
From India, Ghaziabad
I have an urgent query regarding compensation under ESI in case of death of employee, who was on deputation for more than 10 months.
To elaborate more on this - Deceased was deputed from Delhi to Nagaur, Rajasthan in July 2008, and was there till 15th May 2009. On the fateful day he left office at 5:30 in evening for doctor's appointment in a government hospital, but soon after leaving hospital after checkup and prescription he was brought back and was treated accordingly but could not survive. The reason for death was declared as Sun stroke, and heart seizure.
After several grievances with the Employer, we have been told that ESI compensation would have been valid if this would have happened in Office itself and not after he left office.
It may sound dumb but we are not really sure of the rules, and would appreciate if you can help us understand, the guidelines on applicable time of coverage on working days in and out of office, and compensation for people on deputation.
Please help us.
Thanks and Regards,
-Kapil Saxena
From India, Ghaziabad
dear
ESI benefit will not be applicable to him because ESi benefit is given if death ocuurs doring employment and in the course of employment.victim heir has to proove that
it was due to employment conditions and it will be proved in court of law .heirs has to
file case in ESI court.there is no effect of deputation provided he is member of ESI
however pensionary benefit of provident fund should be given to his heirs.
regards
j s malik
From India, Delhi
167ESI benefit will not be applicable to him because ESi benefit is given if death ocuurs doring employment and in the course of employment.victim heir has to proove that
it was due to employment conditions and it will be proved in court of law .heirs has to
file case in ESI court.there is no effect of deputation provided he is member of ESI
however pensionary benefit of provident fund should be given to his heirs.
regards
j s malik
From India, Delhi
Dear Skariah
Firstly Two companies has separate legal entity, Forget about management, Suppose the company is A and B, A's employee deputed in B. A will be responsible for legal compliances for deputation, for expample the only problem is employment injury, When you are deputing some one to some other company give him a formal letter with a stipulated time for deputation. On employment injury, company B will take up initial responsiblity to send the victim to nearest hospital, on getting the information company A will do formalities like accident report to ESI, FIR, and other incidental job.
Regards
BIswas
From India, Mumbai
Firstly Two companies has separate legal entity, Forget about management, Suppose the company is A and B, A's employee deputed in B. A will be responsible for legal compliances for deputation, for expample the only problem is employment injury, When you are deputing some one to some other company give him a formal letter with a stipulated time for deputation. On employment injury, company B will take up initial responsiblity to send the victim to nearest hospital, on getting the information company A will do formalities like accident report to ESI, FIR, and other incidental job.
Regards
BIswas
From India, Mumbai
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ESI _General PF_ Rules 1995.pdf