If ESIC is applicable in the contract then is it mandatory for workman compensation policy?
From India, Pune
From India, Pune
Dear Colleague,
WC not applicable for ESI Covered Employees :
ESI is applicable for employees who draw wages upto 21K s you know. For these employees the accident risk, medical support and so on are fully taken care by ESI Scheme based on contribution by employer and employees. The moment an employee is covered under ESI then WC will not be applicable. The employee covered under ESI can only seek benefits under ESI and no claim will be allowed under WC.
When WC may be needed?
However, in case of employees who are drawing above 21L wages and not covered under ESI, then it is suggested to have WC policy for those employees to mitigate the risk on the part of the employer who need to compensate non-ESI employees in the event of any employment injury and disability, death etc. If you have WC policy then it will protect. If you operate in an area which is not notified under ESI and non- operating area by ESI then also WC Policy is suggested.
From India, Chennai
309WC not applicable for ESI Covered Employees :
ESI is applicable for employees who draw wages upto 21K s you know. For these employees the accident risk, medical support and so on are fully taken care by ESI Scheme based on contribution by employer and employees. The moment an employee is covered under ESI then WC will not be applicable. The employee covered under ESI can only seek benefits under ESI and no claim will be allowed under WC.
When WC may be needed?
However, in case of employees who are drawing above 21L wages and not covered under ESI, then it is suggested to have WC policy for those employees to mitigate the risk on the part of the employer who need to compensate non-ESI employees in the event of any employment injury and disability, death etc. If you have WC policy then it will protect. If you operate in an area which is not notified under ESI and non- operating area by ESI then also WC Policy is suggested.
From India, Chennai
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Bombay Anand Bhavan Restaurant-vs- ESIC SC 2-09-2009.pdf
ESIC Amendment.doc