Can Double Accident Benefit be claimed by the Employee or Dependent under the Employees’ Compensation Act?
Answer is No.
Sometimes an employee who is on duty or deemed to be on duty meets with an accident with a vehicle and the question arises as to whether a workman has a right to get compensation for work injury under the Employees’ Compensation Act, as well as under the Motor Vehicles Act. It is made clear that both the forums are available to the workman but at the same time, double recovery in case of same (identical injury) is not permissible.
The workman or his dependents has/have to choose one forum either under the Employees’ Compensation Act or under the Motor Vehicle Act.
In one case, the Madhya Pradesh High Court has held that a claim for compensation for death or bodily injury can be made either under the Motor Vehicles Act or the Employees’ Compensation Act but not under both.
When the petitions for compensation has been filed under both Acts, i.e., Motor Vehicles Act and the Employee’s Compensation Act, whereas the claim under Motor Vehicles Act was first in point of time, the claim will be decided under the Motor Vehicles Act and the Award of the Employee’s Compensation Commissioner, will be set aside.
References:
(1) Oriental Insurance Co. Ltd. Vs. Sudha Devi, LLJ 1997 Madhya Pradesh High Court.
(2) National Insurance Co. Ltd., Bhatinda Vs. Parveen, LLR 2000 Punjab & Haryana High Court.
By Dayanand N. Mangaonkar
Read MoreReduction in WAGES whether permissible
The law is very well settled that any privilege, benefit or concession which is given by the employer to the employees either by customer or usage, can not be withdrawn or reduced.
In one case, the Bombay High Court has held that unilateral reduction of wages of an employee will be contrary of section 9-A of the Industrial Disputes Act providing for notice of change.
S. N. Kedare vs. Ceat Tyres of India Ltd. & Anr. 2002 LLR 143 (BOM HC)
By Dayanand N. Mangaonkar
Read MorePoints to be kept in mind while Negotiating with the Employees’ Union to discuss on Charter of Demands submitted by the Union
1. Both the parties should prepare for discussion, participate and focus only on the wage settlement related points and both the parties should be honest & transparent in all respects. 🚩
2. Both the parties should maintain utmost confidentiality till the execution of long term wage settlement. 🚩
3. The parties shall not share details of the negotiation unless there is a concrete conclusion on the issues discussed. 🚩
4. Each party should respect and understand the wage negotiations & appreciate that collective bargaining is unique in each company. 🚩
5. Broad minutes of the meeting can be made only on finalised points, subject to detailed terms and conditions to be incorporated in the long term wage settlement. 🚩
6. The settlement will be negotiated on Package deal only and on point-wise. 🚩
7. Only inside representatives of the management and the employee office bearers of the union will be allowed for wage negotiation. 🚩
8. No outsider, whether from the management or from the union will be allowed for any negotiation. 🚩
9. The meeting will be held only when management representatives and nominated union office bearers are present. 🚩
10. Negotiations will be held after working hours only on the scheduled date and time specified. 🚩
11. Discussions to be held only pertaining to confirmed company employees on the rolls of the Company. 🚩
12. There should not be comparison with other industries as each company has different background. 🚩
13. Both the parties should maintain utmost discipline during the negotiation, there should not be any discussion on personal issues and personal debates. 🚩
14. In case of any indiscipline like heated exchange of abusive words or allegations or personal attack of whatsoever nature from either side, the meeting should be eirher postponed/cancelled. 🚩
15. Both the parties should solemnly pledge that during the period of negotiations, there shall be industrial peace and expected productivity is maintained, so that all efforts could be focused on the task of closing the settlement amicably by both the parties for mutual benefit. 🚩
16. Any issue in productivity or slow down during the course of COD discussions, will result in halting the meeting temporarily until the normal productivity is resumed. 🚩
17. Mobile phones of all the negotiation team members should be switched off and kept in common place to avoid unnecessary disturbance during the meeting. 🚩
19. Negotiation meetings may be held either inside or outside the factory based on the discretion of the company. 🚩
20. All the benefits arising out of the settlement will be applicable to the concerned workmen covered under the settlement based upon their actual attendance only. 🚩
21. The time period for COD Negotiations will be three months from the date of the first meeting, in case settlement is not reached in three months, the matter shall be taken to the conciliation officer. 🚩
22. Before signing of the memorandum of understanding on guidelines, the terms and conditions should be fully read over, explained and clarified to all the signatories and after having understood and convinced each of the signatories should sign. 🚩
23. If any of you have different of opinion/views/inputs/sugestions/latest case laws on the above, please do share it in this group for the information of our members. 🚩
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5 Reasons Why HR Should Report to the CEO
HR’s role is very different now from what it used to be. Only in recent decades — as compliance requirements such as the Occupational Safety and Health Act and Americans With Disabilities Act have come into existence and more businesses have gone global — has the HR leader’s job morphed from simply that of a personnel administrator to a strategic player in a company’s growth.
That’s a big reason why, historically, HR hasn’t always had a seat at the C-suite conference table, reporting directly to the CEO. Many HR leaders have answered to the CFOs or operations director instead. But those lines of reporting are shifting, said David Lewis, CEO of OperationsInc, a human resources consulting firm, especially in the last 10 years.
“More and more companies have realized how critical the HR role really is and have learned that…if HR wasn’t reporting to the CEO before, it certainly should be now,” Lewis said.
Let’s take a closer look at the benefits of this structure and why it makes so much sense. Here are five reasons why HR should report to the CEO.
1. It makes a statement to the workforce.
Many CEOs say that their employees are their company’s most important asset. But that claim doesn’t always hold up among the workforce when the HR leader isn’t one of the CEO’s direct reports. That’s because an indirect line of reporting to company leadership encourages old-fashioned ideas about what HR does — that they just onboard new hires and push healthcare documents around.
In reality, of course, HR oversees not just those day-to-day administrative duties, but recruitment, retention, people management, and succession planning. When they have the ear of the CEO, the entire company sees HR as a critical part of the executive team.
“People know that it’s a department that’s not just going to be a throw-away,” said Matthew Burr, MBA, assistant professor of business administration at Elmira College and founder of Burr Consulting. “There’s respect and credibility there,” he said.
2. It cuts out the middleman.
Companies must meet an ever-changing set of government mandates to stay in business — from federal discrimination laws to worker safety requirements. HR is involved in just about every one, and companies face increased liabilities when the department head doesn’t report to the CEO, said David Schein, president and general counsel of Claremont Management Group, an HR and business management consulting firm.
For example, instead of the HR leader raising concerns directly with the CEO about a potentially costly compliance risk, the issue first gets filtered through their manager. Once it reaches the CEO, the message may be watered down, slowing the resolution and potentially opening up the business to legal claims.
“If I was the CEO of a major company, I would want Human Resources to report directly to me because I would want to make sure I’m getting the straight story,” Schein said.
3. It prepares the company for growth.
Whether a business is in growth mode or working on a reorganization, HR should be at the table to discuss the workforce skills and new jobs necessary to make it happen. “To me, the people strategy is really the business strategy,” said Kelly Swingler, founder of The Chrysalis Crew, an HR consultancy.
HR leaders should already know who the company’s emerging leaders are to guide the next initiative, and whether there are any existing talent gaps among employees. What’s more, as organizations look to hire, HR leaders understand the market, including what skills job applicants have and the compensation and benefits packages they expect.
“If the people strategy doesn’t form part of that business strategy and is a key element of that, I don’t personally see how your business strategy can succeed,” Swingler said.
4. It yields a better bottom line.
Turnover costs money — as much as $15,000 per person when a worker is lost, according to the Work Institute’s 2019 Retention Report. Without a direct dialog between the CEO and HR, companies can end up recruiting the wrong people. “That can be a very expensive [venture],” Schein said.
But HR also drives the company policies that boost workforce engagement, employee retention, and workers’ commitment to the success of the business, which all come with their own cost-saving rewards. A 2018 Gallup study found that companies with high employee engagement enjoy higher productivity, better retention, fewer accidents, healthier workers, and 21% higher profitability.
“If that’s not seen to be important at the top table, why are you in business?” said Swingler.
5. It establishes the company culture.
Not only does HR design the hiring process, building what the employee base looks like, it also is behind crafting the entire culture of an organization, creating policies that cover workplace dating, social media, and remote work, said Kia Roberts, JD, founder and principal of Triangle Investigations, which performs misconduct investigations in workplaces.
The #MeToo movement, which left some companies severely damaged reputationally or financially because they didn’t have the proper policies in place, punctuated this critical work and what CEOs risk when HR doesn’t report to them, Roberts said. When misconduct scandals arise, CEOs are often the first to lose their jobs, even if they weren’t engaged in the bad behavior, she said. In fact, in 2018, the number of fired CEOs reached its highest point in more than 15 years, according to the Conference Board’s 2019 CEO Succession Practices Report.
“A thoughtful CEO must be intimately involved with not only monitoring the company’s profits, but also with helping to craft and monitor the company’s culture,” Roberts said. “Having a direct line with HR enables this,” he said.
Why It Matters More Than Ever
Similar to the #MeToo movement, the COVID-19 pandemic also has underscored the importance of HR leaders as they help make tough decisions about layoffs and furloughs, set new remote work policies, and cultivate community even in a disjointed workforce.
For HR leaders who don’t report to the CEO, Swingler recommends building a case to make this happen, by asking other directors and senior leaders across the organization what they want from HR, what they need from HR, and what they think the role of HR is.
“What I’ve seen on a global scale during this pandemic is HR really stepping up. Now is the prime time for us to be having these conversations because we’ve shown our worth,” Swingler said.
By Dayanand N. Mangaonkar
Read MorePF Commissioner urges employers to update KYC of staff
Provident Fund Commissioner Rizwan Uddin has urged employers to update KYC of their employees and suggested that employees should retain their PF accumulations on switching employment to avail the benefit of Pension and Insurance Schemes.
The PF Commissioner advised the members/employees to opt for transfer or advance in case of need and not go for full PF withdrawal, so that the employees/members can continue their EPFO membership and benefit from EPFO’s services like higher returns, pensionary benefits and insurance coverage.
A statement said it was observed that employees/ members frequently switch/change jobs and opt for full withdrawal of their PF funds, which is not the right practice, as their contributory service towards pension and accumulated P F towards Insurance gets neutralised.
By Dayanand N. Mangaonkar
Read MoreDiageo India offers 26-week parental leave to all employees, irrespective of gender
Diageo India has rolled out a 26-week parental leave policy to all employees, regardless of gender, after birth/adoption of a child.
The family leave policy also covers employees who become parents through surrogacy, The Times of India has reported.
The 26-week parental leave policy came into effect on July 30, and is a step towards a more inclusive workplace. “It’s no more spouses, it’s partners who get covered. It’s a significant step in articulating our thinking is more holistic, and creating inclusive policies and environments for employees to thrive and succeed at the workplace.
We believe that this will pave the way to greater equality, and talent is retained and nurtured,” Aarif Aziz, the chief human resources officer at Diageo India, told the publication.
Spouses/partners can avail the leave anytime within 12 months of birth/adoption of the child, the report said.
By Dayanand N. Mangaonkar
Read MoreSalaries, pensions can now be credited to accounts 7 days a week
Starting August 1, customers can now have their salaries and pensions credited to their bank accounts seven days a week and 24 x 7.
This will help them carry on with important payments, such as EMIs and other transactions without having to wait for a bank working day. The Reserve Bank of India (RBI) has altered the rules of the National Automated Clearing House (NACH).
While earlier its facilities were available only from Monday to Friday, henceforth, it will be available throughout the week and at all times whether day or night. This move will be of great benefit to bank customers, as they will be able to take advantage of the availability of real-time gross settlement (RTGS) at all times.
Customers will not have to wait for a working day any more.
From the News Room of Dayanand N. Mangaonkar
Read MoreJet staff ask govt to help solve issues……
An employees’ group of Jet Airways (India) Ltd has sought the intervention of newly appointed civil aviation minister Jyotiraditya Scindia for resolving issues of employment under the new owners of the airline and clearance of social security dues such PF, Gratuity etc. that have accumulated under the previous management of the airline.
By Dayanand N. Mangaonkar
Read MoreDoes Employee Behaviour During Notice Period Matter?
Twitter Debates…….
Twitter discourse recently found another crucial topic in the form of notice periods and how they reflect on employers and employees.
The basic debate was surrounding whether or not an employee should be judged on the basis of their performance during notice period.
An entrepreneur, Rajneil Kamath, suggested on the microblogging site that potential employers should consult previous employers to find out how a person worked during their notice period, because that reflects on their work ethic.
By Dayanand N. Mangaonkar
Read MoreGujarat: Bank clerk calls boss ‘hoodlum’, loses job
Abusing your boss could cost you your job. A bank clerk lost his job for calling his branch manager a hoodlum and the labour court as well as the Gujarat high court have upheld his termination, by holding that the punishment is commensurate to the charge.
The case involved Harshad Dave, who was appointed as leave reserve cashier in the Bank of India’s Sardhar branch in 1973. Later, he was confirmed as staff clerk-cashier and posted at the Kasturbadham branch in Rajkot.
He did not seem to get along well with the branch manager and on February 21, 2002, Dave addressed his manger as ‘hoodlum’.
From the Ness Room of Dayanand N. Mangaonkar
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