Dear Sir
I want to aware of few points for employee compensation act. Whether the employee get the salary lessthan / equel to 15000/-, ESIC is applicable. More than 15000/- people are comes under EC.
1.Pl let me know how to deal and calculate the EC part while employee get accident in the course of employment.
2.Same as how to treat his out side accidents timings, means after spread over while coming to office & return back to home howmuch time comes under EC part.
3.EC calculation part do only the employer responsible / need to involve the labour officials are any one.
awaiting for soon response & valuable points.
THanks & Regards
Satya
From India, Bangalore
2I want to aware of few points for employee compensation act. Whether the employee get the salary lessthan / equel to 15000/-, ESIC is applicable. More than 15000/- people are comes under EC.
1.Pl let me know how to deal and calculate the EC part while employee get accident in the course of employment.
2.Same as how to treat his out side accidents timings, means after spread over while coming to office & return back to home howmuch time comes under EC part.
3.EC calculation part do only the employer responsible / need to involve the labour officials are any one.
awaiting for soon response & valuable points.
THanks & Regards
Satya
From India, Bangalore
Dear Satayanarayana
The employee getting salary Rupees 15,000/- of less then Rs. 15,000/- is covered under the provisions of Employees' State Insurance Act, 1948 and liablity of compensation and/ or benefits will be given by the Employees' State Insurance Corporation. The employee who are getting more than Rs. 15000/- will be covered under the provisions of Employee Compensation Act, and liablity of compensation is of employer.
If any of employee met with an accident then the employer will calculate the compensation as per formula given below:-
age factory x salary/ wages as per Act.
------------------------------------
_____% (in case of permanent disablement)
To treat his out side accidents timings, at the time of appointment get his form filled up with residence distance in KM and timing to reach at home. Keep your register at the get for the purpose of outtimings after finishing his work. So, the can presume that employee with an accident within time or not.
At the time of payment, the management cannot make any payment of compensation directly to the employee and/ or legal heir of the decease employee. The mangement is bound to pay the compensation to the Commissioner, under Employees Compensation Act, through Demand Draft and/ or Cheque.
I hope that the above will satisfy your query, if any other clarification you are most welcome.
From India, Gurgaon
The employee getting salary Rupees 15,000/- of less then Rs. 15,000/- is covered under the provisions of Employees' State Insurance Act, 1948 and liablity of compensation and/ or benefits will be given by the Employees' State Insurance Corporation. The employee who are getting more than Rs. 15000/- will be covered under the provisions of Employee Compensation Act, and liablity of compensation is of employer.
If any of employee met with an accident then the employer will calculate the compensation as per formula given below:-
age factory x salary/ wages as per Act.
------------------------------------
_____% (in case of permanent disablement)
To treat his out side accidents timings, at the time of appointment get his form filled up with residence distance in KM and timing to reach at home. Keep your register at the get for the purpose of outtimings after finishing his work. So, the can presume that employee with an accident within time or not.
At the time of payment, the management cannot make any payment of compensation directly to the employee and/ or legal heir of the decease employee. The mangement is bound to pay the compensation to the Commissioner, under Employees Compensation Act, through Demand Draft and/ or Cheque.
I hope that the above will satisfy your query, if any other clarification you are most welcome.
From India, Gurgaon
Dear Mukesh Sir,
My husband met an bike accident on 1st Nov. 2009 (Sunday). He resumed his services on 1st Feb. 2010. For 3 months he was not paid. He is working in pvt. organization.
In such case, can any pvt. orgn. help the employee who met an accident outside office timing.
From India, Mumbai
My husband met an bike accident on 1st Nov. 2009 (Sunday). He resumed his services on 1st Feb. 2010. For 3 months he was not paid. He is working in pvt. organization.
In such case, can any pvt. orgn. help the employee who met an accident outside office timing.
From India, Mumbai
Dear Bharti
If your husband was not on duty on Sunday, then he is not entitled for any relief from the organisation. You can file your claim case under the provisions of Motor Vehicle Act. You will get your all the expenses as well as your claim of damages from the Motor Accident Claim Tribunal.
From India, Gurgaon
If your husband was not on duty on Sunday, then he is not entitled for any relief from the organisation. You can file your claim case under the provisions of Motor Vehicle Act. You will get your all the expenses as well as your claim of damages from the Motor Accident Claim Tribunal.
From India, Gurgaon
Dear Sir,
Thanks for your immediate response.
I Have some confused for bellow mentioned points. Let me know some more for aware.
1. (Death, PTD) and PPD is difference, in that first one is calculate on wages x percentage (50/60) x Age factor. In that need to take loss of earning capacity / not... Wage means MW / basic/ total present drawing wage...( I thought if death / PTD case not need to take Loss of earning capacity)
2. PPD - In this case calculation part is - wages x percentage (50/60) x Age factor x Loss of earning capacity.
AM i right
Pl furnish your some more pertaining to above points.
Regards.
Satya
From India, Bangalore
Thanks for your immediate response.
I Have some confused for bellow mentioned points. Let me know some more for aware.
1. (Death, PTD) and PPD is difference, in that first one is calculate on wages x percentage (50/60) x Age factor. In that need to take loss of earning capacity / not... Wage means MW / basic/ total present drawing wage...( I thought if death / PTD case not need to take Loss of earning capacity)
2. PPD - In this case calculation part is - wages x percentage (50/60) x Age factor x Loss of earning capacity.
AM i right
Pl furnish your some more pertaining to above points.
Regards.
Satya
From India, Bangalore
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx