Dear Sir, Employee Compensation Act only covers persons who are falling under the definition of "employees" as prescribed under the Act and not visitors and vendors Regards, Sush
From India, Mumbai
1From India, Mumbai
Dear All,
Pls find my input on this thread.
Any any third party like employees from vendor / other consultant are coming for any job in the premises and he / they meet with an accident, the compensation will be totally owned by the respective vendor / consultant through only "Workmen Compensation Act". You must have received WC Policy of the respective vendor before entering the gate of your company. See the vendors are doing job in different factories. So this WC policy should have unique identification no with no. of persons not with the name of the employees. Say WC policy with 10 Nos of Employees not different 10 names.
Yes, one thing to remember. The WC Policy should have name of our company or universal for all companies.
Regards,
Shailesh Mistry
From India, Ahmadabad
Pls find my input on this thread.
Any any third party like employees from vendor / other consultant are coming for any job in the premises and he / they meet with an accident, the compensation will be totally owned by the respective vendor / consultant through only "Workmen Compensation Act". You must have received WC Policy of the respective vendor before entering the gate of your company. See the vendors are doing job in different factories. So this WC policy should have unique identification no with no. of persons not with the name of the employees. Say WC policy with 10 Nos of Employees not different 10 names.
Yes, one thing to remember. The WC Policy should have name of our company or universal for all companies.
Regards,
Shailesh Mistry
From India, Ahmadabad
There are two questions asked by the poster.
1. Who is liable to pay compensation
All have replied that the Management is not responsible to pay any compensation for third party which is true. Employees Compensation Act will not cover
these people.
2. Any other formality required to be completed
Yes. For any accident inside a factory, report needs to be sent to the Inspector of Factories. Reporting an accident is different and paying
compensation is different. If it is a fatal accident then report need to be sent to Local Police as well
From India, Chennai
1. Who is liable to pay compensation
All have replied that the Management is not responsible to pay any compensation for third party which is true. Employees Compensation Act will not cover
these people.
2. Any other formality required to be completed
Yes. For any accident inside a factory, report needs to be sent to the Inspector of Factories. Reporting an accident is different and paying
compensation is different. If it is a fatal accident then report need to be sent to Local Police as well
From India, Chennai
Dear All, I would like to differ on the liability under the Employee Compensation Act 1923. Section 12 of the Act enjoins that contractor personnel are covered where the whole or any part of the work being carried out by such personnel is ordinarily a part of the business of the principal. Hence the facts need to be analysed before we conclude that consultant/vendor personnel are not the liability of the principal. I agree as regards the liability under the Factories Act is concerned regarding reporting of accident.
KK
From India, Bhopal
KK
From India, Bhopal
Dear Sir,
Thanks you for your reply. Kindly let me know if there are any case laws reagarding responsibility of the Factory occupier/manager to intimate to factory inspector about the accident/ fatal accident of employee of vendor / consultant.
Best Regards,
Sush
From India, Mumbai
Thanks you for your reply. Kindly let me know if there are any case laws reagarding responsibility of the Factory occupier/manager to intimate to factory inspector about the accident/ fatal accident of employee of vendor / consultant.
Best Regards,
Sush
From India, Mumbai
I agree with Indrajeet.
Declaring a worker follwing is required to be established.
1) Whether the person is employed directly of through any agency - Yes/no- Employment is important
2) If yes, does he gets remuniration i.e. Wages, commission, service charge
2) If yes, whether his employed in manufacturing process / activities connected with manufacturing process.
The above querry indicated the status of the person and his engagement.
A visitor does not fall in any of the above clause.
If a person inters in the facory as vendor or his reprsentative will be treated as kind of visitor, who is not connected with amnufacturing process.
Workmen compensation Act 1923 applies to who are declared as employee under the said act. This is covered under schedule III.
Under Commercial General Liability Policy covers the compensation arising out of letigation not under Workmen compensation Act 1923
Thanks
Mritunjay Nath Sahu
GM(HR)
.
From India, Vadodara
Declaring a worker follwing is required to be established.
1) Whether the person is employed directly of through any agency - Yes/no- Employment is important
2) If yes, does he gets remuniration i.e. Wages, commission, service charge
2) If yes, whether his employed in manufacturing process / activities connected with manufacturing process.
The above querry indicated the status of the person and his engagement.
A visitor does not fall in any of the above clause.
If a person inters in the facory as vendor or his reprsentative will be treated as kind of visitor, who is not connected with amnufacturing process.
Workmen compensation Act 1923 applies to who are declared as employee under the said act. This is covered under schedule III.
Under Commercial General Liability Policy covers the compensation arising out of letigation not under Workmen compensation Act 1923
Thanks
Mritunjay Nath Sahu
GM(HR)
.
From India, Vadodara
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