Lay off without notice while on medical leave and compensation for medical expenses.
Beena Murkar
(Querist) 12 April 2015
This query is : Resolved
A lady works in a small organization for more that one year. She gets her salary monthly by voucher. She wasn't given any contract to sign at the time of appointment. If she doesn't go to work for even one day, some amount of her salary is deducted. On the 21st of November, 2014 she fell down the stairs while at work and suffered a fracture of the femur bone. The treatment required immediate surgery and complete bed rest for undetermined time. Since then its been around 4 and half months that she has been at home. Although her ability to move around is not as fast as it was before, there is still much progress considering she is still undergoing treatment.
On the 19th of March she went to her workplace and submitted a letter stating that she would be able to join duty from the 1st of April. Around four days later she received a call from the organization stating that they cannot keep her as an employee as they have moved their office that cannot contain many people. Instead they have suggested that they may provide her with a compensation on the discretion of the trustees.
My query is that is it possible for her to take any action against the organization? If not and she accepts the compensation, how much is she entitled to? Already the medical expenses have exceeded Rs. 20,000/- and the treatment is ongoing. Besides the organization hasn't paid her the salary for the month of November, 2014 yet.
Kumar Doab
(Expert) 12 April 2015
1. What is this organization registered as: Commercial , Industrial, NGO, Trust etc?
Why have you mentioned Trustees and not employer?
2. What is her DOJ/since how long is she working?
3. What is her designation/nature of duties?
4. What is salary/month?
5. She is in which state? Her reporting office is in which state? Redg. Office of the company is in which state?
6. Does the company provide for PF,ESIC,Group Mediclaim policy?
7. Did she submit sick leave application under proper acknowledgment, and fitness certificate to join?
8. Does she have any evidence on record that she::::: has been asked to leave employment/asked to accept some compensation/ is removed from employment?
Rajendra K Goyal
(Expert) 12 April 2015
Author need to reply the questions raised by the expert Kumar Doab.
Beena Murkar
(Querist) 13 April 2015
The answers are as follows:
1. It is called 'Organisation for Educational Resources & Technological Training' managed by a trust. I mentioned the Trustees because they make the final decision about her dismissal or any grant of compensation.
2. She joined on 23rd August, 2013.
3. She works as a receptionist and telephone operator.
4. Her salary is Rs. 5,500 per month.
5. She works (reporting office) in Mumbai, Maharashtra. The Registered Office is also in Mumbai, Maharashtra.
6. No PF, ESIC or Group Mediclaim policy is provided.
7. Since the injury occurred at the workplace, no sick leave application was submitted or created. The authorities (Director and Administrative Coordinator) recommended her fully recovering from her injury before coming to work.
8. There is nothing written. As I mentioned in the query, after she submitted the letter informing them that she would be able to join work from the 1st of April, 2015, around 4 days later she received a call from the Director informing her that they cannot keep her as an employee and expressed that they will request the Trust to grant her a compensation for medical expenses and her salary for the past few months.
P.S. The organization is slowly but surely trying to reduce the staff at the office.
Kumar Doab
(Expert) 13 April 2015
You have not determined” 1. What is this organization registered as: Commercial , Industrial, NGO, Trust etc?”
Once you have determined you may find out if it is exempted from the coverage of PF,ESIC etc? The nearest/jurisdictional office of EPFO,ESIC can help you.
You can also approach Labor Inspector,Inspector appointed under Bombay Shops &Estbs.Act/payment of Wages Act, Employee's Union leaders, Trade Union leaders....
You may also go thru:
Page:4,serial No;17 at;
http://www.esicmaharashtra.gov.in/htmldocs/ESIC-FAQ.PDF
By her designation she should be covered as ‘Workman’ as in ID Act and might also be covered as ; Min Wages Act, Employee Compensation Act, Payment of Wages Act, ESIC, PF etc….
Since the accident happened at workplace the employer was duty bound to inform designated authority (ies) under various applicable enactments e.g; ESIC,Employee Compensation Act
Assuming that she is covered by ESIC, employer should:
Issue Temporary Identification Certificates (TIC) received from ESIC to the Insured Persons.
• 5. Assist the ESIC. (Regulation 16).
• 6. Help in issuing Identity Cards. (Regulation 17).
• 7. Issue a certificate of employment to employee who falls sick before issuance of the TIC to enable him to get treatment.
You can also compare the benefits/compensation APPLICABLE under enactments applicable to organization and one offered by employer/trust-trustees and decide.
