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My query is that if an employee is registered under the ESI Act, but unfortunately, he got injured during employment, how should the employer show sympathy? The employee is receiving treatment through ESI, so in this case, is he entitled to workmen's compensation? How does workmen's compensation apply in this scenario? Please advise.
From India, Delhi
From India, Delhi
I don’t think that compensation act will be applicable for employer who is registered under the ESIC. Regards Praveen
From India, Bangalore
From India, Bangalore
so can you tell me what are the condition of workmens compensation act. whether the employees should have compensation more than 15000/- Please tell me more about this
From India, Delhi
From India, Delhi
Dear Vikas,
Mr. Praven is right. In terms of Sec. 61 of the ESI Act, if an employee is insured under the ESI Act, he is not entitled to similar benefits under any other Act.
Under the Employees' Compensation Act, the wage limit is only for the purpose of computing compensation under Sec. 4 of the Emp. Comp. Act.
B. Saikumar HR & Labour Law Consultant Mumbai 09930532927
From India, Mumbai
Mr. Praven is right. In terms of Sec. 61 of the ESI Act, if an employee is insured under the ESI Act, he is not entitled to similar benefits under any other Act.
Under the Employees' Compensation Act, the wage limit is only for the purpose of computing compensation under Sec. 4 of the Emp. Comp. Act.
B. Saikumar HR & Labour Law Consultant Mumbai 09930532927
From India, Mumbai
we are in ESI coverage area, our one vendor is covered with works man compensation(WC) if the same vendor gives us labour job inside our premises than ESI will be applicable of not?
From India, Pune
From India, Pune
Dear B.Sai Kumar Sir Your ans very useful and I am learn to more HR & Labour Laws, my career plan HR&IR working please suggestion give me. Yours sincerely T.Naresh HR/Admin Asst. Hyd, A.P
From India, Mumbai
From India, Mumbai
Dear Sandeep,
If your vendor is working on your premises, then he should apply for ESIC because the principal employer is responsible for the same. When an audit is conducted by the ESIC Inspector, he will raise an objection to the same. If the vendor is performing job work outside your premises (at the vendor's place), then ESIC is not applicable.
Regards,
Praveen
From India, Bangalore
If your vendor is working on your premises, then he should apply for ESIC because the principal employer is responsible for the same. When an audit is conducted by the ESIC Inspector, he will raise an objection to the same. If the vendor is performing job work outside your premises (at the vendor's place), then ESIC is not applicable.
Regards,
Praveen
From India, Bangalore
Dear Naresh garu,
Please go through the bare Acts, especially the Industrial Disputes Act 1947, which is referred to as the mother of all Acts, the Industrial Employment Standing Orders Act, the ESI Act, the EPF Act, the Payment of Gratuity Act 1972, the Factories Act 1948, the Contract Labour Act 1970, and the Payment of Bonus Act 1961.
Work sometime as a generalist HR to get a hang of the HR function in its broad perspective.
Then acquaint yourself with procedures on day-to-day labor issues like computation of benefits, compensations, filing returns with statutory authorities, etc.
Seize the opportunity to attend collective bargaining meetings first as a junior HR officer and try to acquire the skills of negotiation under the guidance of your seniors.
Attend conciliation proceedings. This enables you to expose yourself to settlements in conciliation.
Conduct domestic inquiries whenever you get an opportunity.
You can visit Chipinbiz Consultancy Pvt. Ltd company's website for some useful tools on this.
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
Please go through the bare Acts, especially the Industrial Disputes Act 1947, which is referred to as the mother of all Acts, the Industrial Employment Standing Orders Act, the ESI Act, the EPF Act, the Payment of Gratuity Act 1972, the Factories Act 1948, the Contract Labour Act 1970, and the Payment of Bonus Act 1961.
Work sometime as a generalist HR to get a hang of the HR function in its broad perspective.
Then acquaint yourself with procedures on day-to-day labor issues like computation of benefits, compensations, filing returns with statutory authorities, etc.
Seize the opportunity to attend collective bargaining meetings first as a junior HR officer and try to acquire the skills of negotiation under the guidance of your seniors.
Attend conciliation proceedings. This enables you to expose yourself to settlements in conciliation.
Conduct domestic inquiries whenever you get an opportunity.
You can visit Chipinbiz Consultancy Pvt. Ltd company's website for some useful tools on this.
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
Dear All,
Let me ask you one more question in this context. If an employee is covered under a Group Medical insurance policy and something happens to him at work, does Workmen's Compensation apply to him, or is only Group Medical insurance applicable? I am specifically referring to the software industry.
Thanks, Raam
From India, Bangalore
Let me ask you one more question in this context. If an employee is covered under a Group Medical insurance policy and something happens to him at work, does Workmen's Compensation apply to him, or is only Group Medical insurance applicable? I am specifically referring to the software industry.
Thanks, Raam
From India, Bangalore
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