Dear HR labour law talent sir's,
The Employees compensation Act 1923 is applicable only for Non ESI Employees or for both ESI or Non ESI Employees.. Kindly provide your valuable clarifications on this.....
Thanks
Chikke Gowda N
From India, Bangalore
2The Employees compensation Act 1923 is applicable only for Non ESI Employees or for both ESI or Non ESI Employees.. Kindly provide your valuable clarifications on this.....
Thanks
Chikke Gowda N
From India, Bangalore
Dear Seniors,
please help me regarding wc policy of employee. I am working as a IR Coordinator in a telecom company . My responsible are to check all the ir related documents of vendors and give clearance to him and two days before I got a mail from my superior that that any shortfall in workmen’s compensation policy would be proportionately calculated and such amount would be deducted from the vendor’s bills with his consent to be obtained on his letterhead. How can I calculate the premium that deposited by vendors that as per minimum wages of skilled , unskilled labour. Vendors deposited his premium in yearly basis and deposited the slip . from that how can I calculate the same. plz suggest me with example. Please i sincerely request to every one plz help me regarding this. I am also attaching one vendors wc policy , from that you can show me the calculation for the same. I am sincerely request to every one ,please help me regarding this .
From India, Bhubaneswar
please help me regarding wc policy of employee. I am working as a IR Coordinator in a telecom company . My responsible are to check all the ir related documents of vendors and give clearance to him and two days before I got a mail from my superior that that any shortfall in workmen’s compensation policy would be proportionately calculated and such amount would be deducted from the vendor’s bills with his consent to be obtained on his letterhead. How can I calculate the premium that deposited by vendors that as per minimum wages of skilled , unskilled labour. Vendors deposited his premium in yearly basis and deposited the slip . from that how can I calculate the same. plz suggest me with example. Please i sincerely request to every one plz help me regarding this. I am also attaching one vendors wc policy , from that you can show me the calculation for the same. I am sincerely request to every one ,please help me regarding this .
From India, Bhubaneswar
Applicable only for Non ESI Employees. If an employee is covered under ESI, the provisions of ESI Act is applicable. If not covered by virtue of wage limit or by virtue of being employed in a non-notified area, they will be covered under Employee Compensation Act
From India, Chennai
From India, Chennai
Dear Sh Gowda ji,
This is for your information that ESI Act provides host of benefits which includes accidents arising out of and in the course of employment. The coverage of accident cases are limited only to the Insured persons.The wage limit for the coverage under the ESI Act is Rs 15000/-only .It is therefore essential that accident victims should get some coverage under other scheme.It may so happened that sometimes an estab. is exiting in non- Implementation area of ESI Act.Once they are out of the purview of the ESI Act,the Employees compensation Act, 1923 comes into play.The accidental benefits are provided under this Act.It is therefore clear that the Employees\' compensation Act, 1923 is applicable for the exempted employees as defined under Section 2(11) of the ESI Act.Even I have come across some cases where the employers take insurance polices for the coverage of the accident cases of their employees.
BS Kalsi
Member since Aug 2011
From India, Mumbai
This is for your information that ESI Act provides host of benefits which includes accidents arising out of and in the course of employment. The coverage of accident cases are limited only to the Insured persons.The wage limit for the coverage under the ESI Act is Rs 15000/-only .It is therefore essential that accident victims should get some coverage under other scheme.It may so happened that sometimes an estab. is exiting in non- Implementation area of ESI Act.Once they are out of the purview of the ESI Act,the Employees compensation Act, 1923 comes into play.The accidental benefits are provided under this Act.It is therefore clear that the Employees\' compensation Act, 1923 is applicable for the exempted employees as defined under Section 2(11) of the ESI Act.Even I have come across some cases where the employers take insurance polices for the coverage of the accident cases of their employees.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Seniors,
please help me regarding wc policy of employee. I am working as a IR Coordinator in a telecom company . My responsible are to check all the ir related documents of vendors and give clearance to him and two days before I got a mail from my superior that that any shortfall in workmen’s compensation policy would be proportionately calculated and such amount would be deducted from the vendor’s bills with his consent to be obtained on his letterhead. How can I calculate the premium that deposited by vendors that as per minimum wages of skilled , unskilled labour. Vendors deposited his premium in yearly basis and deposited the slip . from that how can I calculate the same. plz suggest me with example. Please i sincerely request to every one plz help me regarding this. I am also attaching one vendors wc policy , from that you can show me the calculation for the same. I am sincerely request to every one ,please help me regarding this .
see above post for attaced file
From India, Bhubaneswar
please help me regarding wc policy of employee. I am working as a IR Coordinator in a telecom company . My responsible are to check all the ir related documents of vendors and give clearance to him and two days before I got a mail from my superior that that any shortfall in workmen’s compensation policy would be proportionately calculated and such amount would be deducted from the vendor’s bills with his consent to be obtained on his letterhead. How can I calculate the premium that deposited by vendors that as per minimum wages of skilled , unskilled labour. Vendors deposited his premium in yearly basis and deposited the slip . from that how can I calculate the same. plz suggest me with example. Please i sincerely request to every one plz help me regarding this. I am also attaching one vendors wc policy , from that you can show me the calculation for the same. I am sincerely request to every one ,please help me regarding this .
see above post for attaced file
From India, Bhubaneswar
Dear Rakesh Mohapatraji
Woekmens Compensation Act 1923 is known as Employees conpensation Act ,has made certain provisions regarding the Accident compensation.Accident must be arising out of & in the course of employment. The Act has nothing to do with Insurance policy. By making WC Policy with Insurance company, the responsibility of paying compensation in case of accident (as mentioned above) will be of Insurance company. Vendors are not working in your establishment, so you do not require to obtain WC policy for them. Since superiors has asked you to look in to the issue, you may ask vendors to produce WC policy of their employees. You may contact Insurance company for premium of WC policy which is based on strength/category/salary etc.
I hope this is sufficient
SDP
From India, Kolhapur
Woekmens Compensation Act 1923 is known as Employees conpensation Act ,has made certain provisions regarding the Accident compensation.Accident must be arising out of & in the course of employment. The Act has nothing to do with Insurance policy. By making WC Policy with Insurance company, the responsibility of paying compensation in case of accident (as mentioned above) will be of Insurance company. Vendors are not working in your establishment, so you do not require to obtain WC policy for them. Since superiors has asked you to look in to the issue, you may ask vendors to produce WC policy of their employees. You may contact Insurance company for premium of WC policy which is based on strength/category/salary etc.
I hope this is sufficient
SDP
From India, Kolhapur
WCA or now known as ECA and ESI are mandatory and are applicable in all circumstances but subject to their respective legal limitations, I will only comment on your doubt that is - If the employee is working or the company is situated in a notified area under ESI in such case ESI is a statutory compulsion and there is no alternative to it. If any area is not notified to be covered under ESI in such case it is statutory liability of the employer to cover the employee under ECA.
Also you should know that no employee can claim under both the laws, he can claim only in one even if he is covered under both.
From India, Chennai
Also you should know that no employee can claim under both the laws, he can claim only in one even if he is covered under both.
From India, Chennai
Employees covered under the provisions of ESI Act 1948 are barred from claiming accident compensation u/s 53 of ESI Act 1948.
RL Dhingra Advocate, Labour Law Consultant Delhi,9818309937 E-mail: rld_498@rediffmail.com
From India, Delhi
RL Dhingra Advocate, Labour Law Consultant Delhi,9818309937 E-mail: rld_498@rediffmail.com
From India, Delhi
Hi,
Mr. Mahapatra,
As regards to vendors working on contract with your organisation,The vendor is supposed to produce EC Policy, once the policy is produced in accordance,the principal employer i.e your organisation will re-emburse the equivalent amount against this policy.If the vendor doesnt produce this policy,Pls tell them to do so once you have the approval from your management.Since you have recievd the mail to deduct the amount from vendors bill, it means that your management might have absorbed that company might be paying the Proportionate amount against the EC Policy but vendor might have failed to Produce the same.It may be the case.
Thanks
Bijay
From India, Vadodara
Mr. Mahapatra,
As regards to vendors working on contract with your organisation,The vendor is supposed to produce EC Policy, once the policy is produced in accordance,the principal employer i.e your organisation will re-emburse the equivalent amount against this policy.If the vendor doesnt produce this policy,Pls tell them to do so once you have the approval from your management.Since you have recievd the mail to deduct the amount from vendors bill, it means that your management might have absorbed that company might be paying the Proportionate amount against the EC Policy but vendor might have failed to Produce the same.It may be the case.
Thanks
Bijay
From India, Vadodara
WC/EC is applicable in both cases ie ESIC Notified area & non notified area.Only difference in case of ESI Notified area is that, if any one is drawing gross wages more than Rs 15000 pm then he will not be covered under ESI act.In this case WC/EC is mandatory.Workmen comensation act has been renamed as Employee compendsation act now.
ANAND
From India, Mumbai
ANAND
From India, Mumbai
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EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
Employees' Compensation Act 1923.doc