My question is that under which section the workmen drawing the wages above 10001/- the workmen compensation act is applicable. If anybody knows plz call me on 9923396082 Prashant Shinde ( Maharashtra )
From India, Pune
From India, Pune
Dear Prashant, Kindly refer to Schedule II under Workmen's Compensation Act, 1923 to see if the workmen fall under it's purview. The wage limit of Rs.10,001 is applicable for ESI and not WC. Laws - Workmen's Compensation Act - Schedule 2 <link updated to site home> ( Search On Cite | Search On Google ) Regards, SC
From India, Thane
45From India, Thane
Dear Let me know the ceiling limit for pay ment under wc and also the salary limit. Also explain the meth0d of calculation. NAGESWARA RAO.P.V.
From India, Bangalore
From India, Bangalore
The schedule given is outdated. Presently all employees whether doing clerical or technical job are covered under the Workmen's (Employees) Compensation Act.
There is no salary ceiling for coverage. The role of ESI is also not a provision under the Act. It should be understood that it is the responsibility of the employer to pay compensation to employees who meet with accidents which may result in death or permanent disabilities, while performing their duties. This liability of the employer is borne by the Employees State Insurance Corporation if the employer is covered by ESI Act and the employee who met with accident or died was an ESI covered employee. That means in respect of an employer who is not covered by ESI the liability under the WCA will still be there even if the salary of the employee is less than Rs 10000. Note that ESI coverage is applicable to employees drawing salary upto Rs 15000 and not Rs 10001.
Compensation is worked out taking into account a factor given in Schedule IV of the Act which is purely based on the age of the workmen who met with the accident or died while on duty. The factor is multiplied by 50% of the salary of the worker. The maximum salary for this purpose is taken as Rs 8000. That means if the salary of the employee died is more than Rs 8000, then also for the purpose of arriving at the amount of compensation it will be taken as Rs 8000 and 50% of that (ie, Rs 4000) will be multiplied by the relevant age factor. Age factor varies from 228.54 for an employee not over the age of 16 years to 99.37 for an employee more than 65 years of age.
In case of permanent disability 60% of wages is multiplied by the same age factor instead of 50% as in the above case.
Regards,
Madhu.T.K
From India, Kannur
There is no salary ceiling for coverage. The role of ESI is also not a provision under the Act. It should be understood that it is the responsibility of the employer to pay compensation to employees who meet with accidents which may result in death or permanent disabilities, while performing their duties. This liability of the employer is borne by the Employees State Insurance Corporation if the employer is covered by ESI Act and the employee who met with accident or died was an ESI covered employee. That means in respect of an employer who is not covered by ESI the liability under the WCA will still be there even if the salary of the employee is less than Rs 10000. Note that ESI coverage is applicable to employees drawing salary upto Rs 15000 and not Rs 10001.
Compensation is worked out taking into account a factor given in Schedule IV of the Act which is purely based on the age of the workmen who met with the accident or died while on duty. The factor is multiplied by 50% of the salary of the worker. The maximum salary for this purpose is taken as Rs 8000. That means if the salary of the employee died is more than Rs 8000, then also for the purpose of arriving at the amount of compensation it will be taken as Rs 8000 and 50% of that (ie, Rs 4000) will be multiplied by the relevant age factor. Age factor varies from 228.54 for an employee not over the age of 16 years to 99.37 for an employee more than 65 years of age.
In case of permanent disability 60% of wages is multiplied by the same age factor instead of 50% as in the above case.
Regards,
Madhu.T.K
From India, Kannur
Respected Shri Madhu Sir,
I am in confusion that in those establishment where ESI is covered but to those employee who are not covered under the ESI act in the same establishment were have any previliage of insurance statutorily.If not then Why?
For eg.As per the schedule II of the E.C.Act,all employees except Director of company are entiltled for compensation under the act.Then what about the employee whose salary is over 15000/- pm and establisment is covered by ESI,then what about the insurance of that particular employee?
Sir,Please calrify.
Mangesh Wakodkar
Sr.Executive HRD
From India, Pune
I am in confusion that in those establishment where ESI is covered but to those employee who are not covered under the ESI act in the same establishment were have any previliage of insurance statutorily.If not then Why?
For eg.As per the schedule II of the E.C.Act,all employees except Director of company are entiltled for compensation under the act.Then what about the employee whose salary is over 15000/- pm and establisment is covered by ESI,then what about the insurance of that particular employee?
Sir,Please calrify.
Mangesh Wakodkar
Sr.Executive HRD
From India, Pune
Those employees who are out of coverage of ESI will get the benefit mentioned in the Workmen's (Employees) Compensation Act. The Act has a direction to the effect that employer should create a life insurance policy by contribution every year of an amount with a view to making available funds required to meet the compensation in case of death or disablement.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu, 1) Any establishment can obtain Workmen Compensation policy if establishment covered under ESI scheme. 2) Any ESI eligible worker can take benefits from Workmen compensation. Shyam
From India, Mumbai
From India, Mumbai
Shyam, I didn't get you. Are these your statements? If so, I do not have any other opinion that an establishment can have workmen compensation policy even if it is covered by ESI but I don't think that any establishment would wish to pay compensation in addition to what has been paid by the ESIC.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
hi,
one of our employees met with an accident while travelling on job and has undergone a surgery due to temporary disablement. we are covered under accident insurance as well. i want to know how else we can compensate the employee and how do we calculate the monthly amount? also we are a chartered accountant firm, so whether these laws apply to us?
please guide.
thanks
AK
From India, Pune
one of our employees met with an accident while travelling on job and has undergone a surgery due to temporary disablement. we are covered under accident insurance as well. i want to know how else we can compensate the employee and how do we calculate the monthly amount? also we are a chartered accountant firm, so whether these laws apply to us?
please guide.
thanks
AK
From India, Pune
A chartered accountant's firm is not a shop and hence the Employees Compensation Act may not be applicable to your establishment. If applicable, there is no monthly payment but depending upon the earning capacity of the employee, an amount is fixed and paid. The Act has a schedule which shows how much is the amount payable. Under normal circumstances the amount is decided by the appropriate Authority under the Act, ie, the Commissioner for Workmen's Compensation.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
The Workmen's Compensation Act 1923.pdf
Workmen's Compensation Act 1923.doc