Hello All 
 
We are a software development company based in  Bangalore. One of our employees met with an accident  (out of her own fault in company provided RTV, two  fingers fractured) while way back to her home. She  was on leave for a month or so. Now she claims that  company should pay her salary which had been marked  as LWP (Leave without Pay). 
 
Please suggest, if campany is liable to pay her  under any Labor Law. 
 
Regards, 

Rekha 
 
PS: We do not have any accident / insurance policy  in place ..

Good food for thought.. But how much of us think from company’s stand point. We claim our overtimes/ transport / food etc if come on Saturdays or on holidays . We claim all PLs’, CLs’, MLs’ holidays as per legal laws, then why not involve LEGALITIES in this.Is it only Company who is liable or Employees too should play some vital role as well?

When HR is suppose to define all welfare programs for employees , donot you think it would be biased if HR does not pay attention to Legal angles involved in any policy? Compassion is one thing , but taking undue advantage is another .

Your thoughts on this are welcome

At the time of accident it has to be proved that the employee is travelling from home to work place or vice versa. Various Suprme court judgements have explicitly said that time of accident, distamce, the route normally the employee takes have to be taken into account to establish that the employee is travelling to work place. Merely an injury outside the work place cannot entail an employee for any compensation under WC Act.

Regards,

Paul Thomas