Non payment of salary
10 months ago
I work for a Public sector bank. I was deputed to another place 20 kms from my stay for 2 days. On the second day, after duty while returning to my place of stay I met with an accident. It's been 3 months since and I'm bedridden still. I haven't been paid salary quoting that I Don't have sufficient leave balance and return from deputation is not considered on duty. Is this legally correct?
A.Dear Sir,
The said accident took place while you are on duty as such they cannot deny like that and you are entitled for facility of extra ordinary leave as per the service rules and as per circulars of your head office.
The said accident took place while you are on duty as such they cannot deny like that and you are entitled for facility of extra ordinary leave as per the service rules and as per circulars of your head office.
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A.Dear Client,
Under Employees Compensation Act, 1923, every employee/worker (including those employed through a contractor) who suffers any injury due to an accident arising out of and in the course of his employment, shall be entitled to compensation under this Act. There is no wage limit for a worker/employee for becoming eligible for compensation under the Act. Section 3(1) of the said Act states that “if personal injury is caused to an employee by accident arising out of and in the course of his employment: his employer shall be liable to pay compensation in accordance with the Chapter II of Employees Compensation Act, 1923 to their employees, their family members applying the doctrine of Notional Extension which include both in time and place and an employee may be regarded as in the course of his employment whether he has not reached or has left the premises of his employer. Being the proposition of relevant law, the Employer is liable to pay compensation in terms of Sec.4 and 5 of the Act to the employee who sustains injury in an accident arising out of and in the course of his employment even outside the office premises applying the doctrine of Notional Extension. So, in case of denial by the employer, the family of the deceased employee should approach the Commissioner, Employees Compensation appointed under Sec.20 of the Act under whose jurisdiction the establishment falls. In case you need any assistance to lodge your claim either before the Employer or the Commissioner, Employees' Compensation, you may contact our legal team with all papers.
Under Employees Compensation Act, 1923, every employee/worker (including those employed through a contractor) who suffers any injury due to an accident arising out of and in the course of his employment, shall be entitled to compensation under this Act. There is no wage limit for a worker/employee for becoming eligible for compensation under the Act. Section 3(1) of the said Act states that “if personal injury is caused to an employee by accident arising out of and in the course of his employment: his employer shall be liable to pay compensation in accordance with the Chapter II of Employees Compensation Act, 1923 to their employees, their family members applying the doctrine of Notional Extension which include both in time and place and an employee may be regarded as in the course of his employment whether he has not reached or has left the premises of his employer. Being the proposition of relevant law, the Employer is liable to pay compensation in terms of Sec.4 and 5 of the Act to the employee who sustains injury in an accident arising out of and in the course of his employment even outside the office premises applying the doctrine of Notional Extension. So, in case of denial by the employer, the family of the deceased employee should approach the Commissioner, Employees Compensation appointed under Sec.20 of the Act under whose jurisdiction the establishment falls. In case you need any assistance to lodge your claim either before the Employer or the Commissioner, Employees' Compensation, you may contact our legal team with all papers.
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A.Dear client,
If an employee while functioning in an establishment has sustained any personal injury (whether physical or phycological) by an accident, then employer shall be liable to compensate such an employee. However, in your case, as you had finished work and returning from your house, you don't come within the scope of employment so you cannot demand salary
If an employee while functioning in an establishment has sustained any personal injury (whether physical or phycological) by an accident, then employer shall be liable to compensate such an employee. However, in your case, as you had finished work and returning from your house, you don't come within the scope of employment so you cannot demand salary
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