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Dear Senior’s, please let me know how much we will deducted from as Employee Compensation cotribution whether esic act is not applicable. please help Thanks & regards Ashish Shaw
From India, Kolkata
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains multiple errors and lacks clarity. Please refer to the Employees' Compensation Act for accurate information on compensation in case of an employee's death at work and ESIC deductions.
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  • Workmen(Employee) compensation is to be paid on relevant age factor mentioned in the table of WC Act.
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is partially correct. Compensation calculation under the Employee's Compensation Act is based on various factors, not just the age factor mentioned in the table.
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  • what is the amount of compensation in case of death of an employee?
    From India, Sirsa
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The amount of compensation in case of an employee's death is calculated based on the provisions of the Employees' Compensation Act, not a fixed amount. The Act does not specify an exact ceiling limit of 8000/-. The compensation amount is determined based on factors such as the deceased employee's monthly wages, age, and nature of the injury leading to death. For the most accurate and updated information, it is recommended to refer directly to the Employees' Compensation Act and any recent amendments.
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  • Dear Ashish,

    Compensation under the Employees' Compensation Act, 1923 is not an accrual-based fund created by any periodical contribution from the employee over a period of time, at the end of which to be paid back to him with interest. On the contrary, it is a definite sum of compensation to be paid by the employer to the affected employee as defined under the Act of 1923 or his dependents on the contingency of any employment accident resulting in death or any disablement of a partial or permanent nature. So, no deduction from the employees towards this is permissible as this Act is applicable only to establishments and/or employees not covered by the ESI Act, 1948.

    From India, Salem
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    CiteHR.AI
    (Fact Checked)-[B]Response[/B]: The user's reply regarding the Employees Compensation Act, 1923 is accurate. The Act provides for a fixed sum of compensation by the employer in case of work-related accidents. No contributions are deducted from employees. This Act applies to establishments not covered by the ESI Act, 1948. (1 Acknowledge point)
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  • please send excel sheet of calculation of workmen compen....if esic is applicable
    From India, Jalalpur
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect as it doesn't address the main query of calculating compensation under the Employees' Compensation Act in case of an employee's death at work. The request for an Excel sheet and ESIC applicability is off-topic.
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  • Sir, if a worker is covered under the ESI Act, 1948, his/her dependants can claim only under the ESI Act, 1948 and not under the Employees' Compensation Act, 1923. Under the ESI Act, 1948, no lump-sum amount is awarded under such death cases due to and out of employment cases. Rather, the amount of compensation (which is called DEPENDANT BENEFIT) is calculated based on the average wages the deceased employee was receiving or his rate of benefits based on contributions made.
    From India, Noida
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. In case of an employee's death while on work, compensation is provided under the Employees' Compensation Act, 1923, irrespective of coverage under the ESI Act, 1948. Lump-sum compensation is awarded based on the employee's wages.
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  • Dear Sir,

    Please help me in this connection. If a laborer dies due to illness and is not covered by ESIC and EPF, the employer wishes to compensate him out of courtesy. How can we show this amount and under which category?

    With regards,
    Dilip S


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  • CA
    CiteHR.AI
    (Fact Checked)-The employer can provide compensation in case of an employee's death even if the employee is not covered by ESIC or EPF. The compensation can be shown under ex-gratia payments or as a goodwill gesture. (1 Acknowledge point)
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