Dear Victor,
1. Since she is covered under ESI Act, she would be entitled for Disability Benefit (pension) under the ESI Act. Assuming that her one eye is lost without affecting the other eye, her disability should be 40%. As per calculation of Disability Benefit under the ESI Rules, she is entitled to monthly pension of 30 to 32% of her average wages of the last 6 months. Taking that her average monthly wages was Rs. 7800/, she should get monthly pension of around Rs. 2400/= till her life. The provisions of ESI Act are considerably superior to those of Workmen Compensation Act.
2. Please get the accident reported to the ESI authorities at the earliest.
From India, Mumbai
1. Since she is covered under ESI Act, she would be entitled for Disability Benefit (pension) under the ESI Act. Assuming that her one eye is lost without affecting the other eye, her disability should be 40%. As per calculation of Disability Benefit under the ESI Rules, she is entitled to monthly pension of 30 to 32% of her average wages of the last 6 months. Taking that her average monthly wages was Rs. 7800/, she should get monthly pension of around Rs. 2400/= till her life. The provisions of ESI Act are considerably superior to those of Workmen Compensation Act.
2. Please get the accident reported to the ESI authorities at the earliest.
From India, Mumbai
Dear Khola,
What is the applicablity of this new Act?
Becasue a new name has been given to this whether is it applicable to all employee employed in any industry as mentioned in Schedule II irrespective of their status as manager/supervisor/adminstrator etc?
Or still it applicable to only workmen?
As per me only the name have been replaced form WORKMEN to EMPLOYEE every where in the Act. it's applicable to workmen only.
Waiting for your reply.
regards
87What is the applicablity of this new Act?
Becasue a new name has been given to this whether is it applicable to all employee employed in any industry as mentioned in Schedule II irrespective of their status as manager/supervisor/adminstrator etc?
Or still it applicable to only workmen?
As per me only the name have been replaced form WORKMEN to EMPLOYEE every where in the Act. it's applicable to workmen only.
Waiting for your reply.
regards
Dear Member,
The beneficiary under this Act is the employee. It applies to the employments as shown along with the definition of the employee as per section 2 (dd) & schedule II of this amended Act. You must have gone the changes. The definition of the workman has been replaced by employee. The definition of employee as shown at section 2(dd) & amended schedule II of the amended Act is attached herewith for information. Necessary changes can be noticed by this attachment.
Now coming to main point that whether the supervisory/ administrative / managerial staff & officers are also entitled to receive compensation in case there is any employment injury under this Act. While examining this matter we have to go through the definition of employee & schedule II. For instance section 2(dd) (ii) (b) says that ‘a captain or other member of the crew of an aircraft’ is covered for getting benefit under this Act. Schedule II para (ii) says that any person
“employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, whether or not employment in any such work is within such premises or precincts and steam, water or other mechanical power or electrical power is used ’
This shows that all employees of whatever status may be, here in this case, if employed in the premises where any manufacturing process is carried on as per definition of the Factories Act (sec 2(k) will be covered for getting benefit under this Act. Hence we are to go through the definition of employee & the Schedule II for finalizing the matter of getting benefit under this Act by any of person.
Opinion/comments submitted as requested.
Regards,
R.N.Khola
From India, Delhi
The beneficiary under this Act is the employee. It applies to the employments as shown along with the definition of the employee as per section 2 (dd) & schedule II of this amended Act. You must have gone the changes. The definition of the workman has been replaced by employee. The definition of employee as shown at section 2(dd) & amended schedule II of the amended Act is attached herewith for information. Necessary changes can be noticed by this attachment.
Now coming to main point that whether the supervisory/ administrative / managerial staff & officers are also entitled to receive compensation in case there is any employment injury under this Act. While examining this matter we have to go through the definition of employee & schedule II. For instance section 2(dd) (ii) (b) says that ‘a captain or other member of the crew of an aircraft’ is covered for getting benefit under this Act. Schedule II para (ii) says that any person
“employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, whether or not employment in any such work is within such premises or precincts and steam, water or other mechanical power or electrical power is used ’
This shows that all employees of whatever status may be, here in this case, if employed in the premises where any manufacturing process is carried on as per definition of the Factories Act (sec 2(k) will be covered for getting benefit under this Act. Hence we are to go through the definition of employee & the Schedule II for finalizing the matter of getting benefit under this Act by any of person.
Opinion/comments submitted as requested.
Regards,
R.N.Khola
From India, Delhi
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Dear Mr Khola,
I can understand form your interpretation of defination but this is only in case if their is manufacturing process/production etc, just in cases of factory.
What about applicability to Manager/Supervior/adminstrators etc employed in service industry or establishment covered under Shop Act about which nothing has been defined in Sch II or Act.
What has been deleted form the schedule II in each defination is " working in a clerical capicity etc". almost in each clause.
As per interpratation form you Employee means-
Section 2(dd) “employee” means a person, who is—
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union'
Employee means any person employeed in any such capacity as sepecified in Sch II. Although upto some extend i accept this as " Any person employed in any such capacity". And all managers, Superviosor etc are employed by the employer so shall be applicable.
But the pharse " Employed in any such capacity as is specified in Sch II" makes doubtful. and only applicable to persons specified in Sch II only not as a whole.
Earlier it was applicable to workmen only. In my opinoin still its applicable to persons defined in Sch II. not as a general.
No major change. a single word can not change the intent of the legislation.
Solicit your further view on this.
Regards
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Dear Mr Khola,
I can understand form your interpretation of defination but this is only in case if their is manufacturing process/production etc, just in cases of factory.
What about applicability to Manager/Supervior/adminstrators etc employed in service industry or establishment covered under Shop Act about which nothing has been defined in Sch II or Act.
What has been deleted form the schedule II in each defination is " working in a clerical capicity etc". almost in each clause.
As per interpratation form you Employee means-
Section 2(dd) “employee” means a person, who is—
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union'
Employee means any person employeed in any such capacity as sepecified in Sch II. Although upto some extend i accept this as " Any person employed in any such capacity". And all managers, Superviosor etc are employed by the employer so shall be applicable.
But the pharse " Employed in any such capacity as is specified in Sch II" makes doubtful. and only applicable to persons specified in Sch II only not as a whole.
Earlier it was applicable to workmen only. In my opinoin still its applicable to persons defined in Sch II. not as a general.
No major change. a single word can not change the intent of the legislation.
Solicit your further view on this.
Regards
Dear Member,
You are right in saying that we are required to go through the schedule II for finalizing the applicability of this Act. One more noticeable change is also there that wherever there is a condition for employment of minimum number of persons in any of the employment for getting benefit of this Act by a person employed therein have been removed. Now if there happens to be only one person employed even than he can claim benefit under this amended Act. Whenever there happen to be an query regarding applicability we have to go through this schedule. Persons shown as employed in any of the employment/process is to be considered as beneficiary.
Regards,
R N KHOLA
From India, Delhi
You are right in saying that we are required to go through the schedule II for finalizing the applicability of this Act. One more noticeable change is also there that wherever there is a condition for employment of minimum number of persons in any of the employment for getting benefit of this Act by a person employed therein have been removed. Now if there happens to be only one person employed even than he can claim benefit under this amended Act. Whenever there happen to be an query regarding applicability we have to go through this schedule. Persons shown as employed in any of the employment/process is to be considered as beneficiary.
Regards,
R N KHOLA
From India, Delhi
I think Mr Khola has rightly explained the position and there is no need further clarification
From India, Koraput
From India, Koraput
Dear All,
If the ESI act is applicable then employee can not claim under Workmen Copensation Act. However, if the empoyee is out of ESI ( Salary Rs-15000/ More) then employee can claim under Workmen Compensation Act inspite of coverage of establishment under ESI Act.
Regards,
Juned Akhtar
From India, Faridabad
If the ESI act is applicable then employee can not claim under Workmen Copensation Act. However, if the empoyee is out of ESI ( Salary Rs-15000/ More) then employee can claim under Workmen Compensation Act inspite of coverage of establishment under ESI Act.
Regards,
Juned Akhtar
From India, Faridabad
Dear R.N.Khola Sir,
I am working as a HR, my company is new and not covered under ESIC so what I should do as per law of Workmen Compensation Act,1923. kindly suggest registration procedure, Forms, where to submits and how we can calculate the compensation. is any formula?.
Regards,
Ashok
From India, Kolhapur
I am working as a HR, my company is new and not covered under ESIC so what I should do as per law of Workmen Compensation Act,1923. kindly suggest registration procedure, Forms, where to submits and how we can calculate the compensation. is any formula?.
Regards,
Ashok
From India, Kolhapur
Thanks to all of you...
I would also like to know about this Act that, is there any categories of employees described under the Act to whom this Act is applicable? Managers & upper categories are also covered under this Act? Pls. advice
Best Regards,
Sandesh
From Australia
I would also like to know about this Act that, is there any categories of employees described under the Act to whom this Act is applicable? Managers & upper categories are also covered under this Act? Pls. advice
Best Regards,
Sandesh
From Australia
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Workmen Compensation Notification.pd f
Workmen Compensation Return.doc