Where an employee is covered under ESIC Act, whether workmen's compensation Act is applicable to him?
A: NO. There are some places where ESIC is not available. WC Act 1923 is applicable there.
1)Let us have the concrete provision about ' The employee not covered under ESI has to be covered under Employees covered under Employee Compensation Act'
2) Definition of Employee under Amended 'ECA'.
Pl share the concrete provision. If anybody had a ppt to show the diffrence considering the various amendments under both the acts.
Regards.
From India, Pune
9A: NO. There are some places where ESIC is not available. WC Act 1923 is applicable there.
1)Let us have the concrete provision about ' The employee not covered under ESI has to be covered under Employees covered under Employee Compensation Act'
2) Definition of Employee under Amended 'ECA'.
Pl share the concrete provision. If anybody had a ppt to show the diffrence considering the various amendments under both the acts.
Regards.
From India, Pune
There is no need to have a separate notification because the Workmen's Compensation Act (renamed as Employees Compensation Act recently) is an Act which has been in existence even before the ESI Act was passed.
Workmen's Compensation Act is applicable to any scheduled employment and with various amendments, the scope of the same has been widened and virtually almost all employment come under the purview of the Act.
ESI is an arrangement whereby employers coming under the notified area can make use of the facilities for the employees and workmen compensation is one of such facilities. Therefore, by means of ESI (please read that it is an insurance scheme) the employer can insure its workmen compensation liabilities in respect of some employees in return for a contribution payable. Therefore, in respect of others (who are not covered by ESI due to the fact that they draw salary more than the eligible limit, ie, at present Rs 15000) on whom the employer is not contributing anything, the employer has to take his own way of insurance. That's all.
Madhu.T.K
From India, Kannur
Workmen's Compensation Act is applicable to any scheduled employment and with various amendments, the scope of the same has been widened and virtually almost all employment come under the purview of the Act.
ESI is an arrangement whereby employers coming under the notified area can make use of the facilities for the employees and workmen compensation is one of such facilities. Therefore, by means of ESI (please read that it is an insurance scheme) the employer can insure its workmen compensation liabilities in respect of some employees in return for a contribution payable. Therefore, in respect of others (who are not covered by ESI due to the fact that they draw salary more than the eligible limit, ie, at present Rs 15000) on whom the employer is not contributing anything, the employer has to take his own way of insurance. That's all.
Madhu.T.K
From India, Kannur
Dear Mr.Chandratre
Your query is "Let us have the concrete provision about ' The employee not covered under ESI has to be covered under Employees covered under Employee Compensation Act' ".
This query has to be answered in a round about way.
1. Please see section 61 of the ESI Act. This reads as "Bar of benefits under other enactments.-When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment." Conversely this means that if a person is not entitled to any of the benefits under the ESI Act he is entitled to receive similar benefits admissible under the provisions of any other enactment. Therefore if a person whether male or female is not entitled to get the benefits under the ESI Act he/she can get the benefits of the ECAct provided the ECAct is applicable to him. Similarly a woman who is not entitled to get the maternity benefit under the ESI Act is entitled to get the benefits of the Maternity Benefit Act provided the Maternity Benefit Act is applicable to her.
2.An employee may not be entitled to receive the benefits under the ESI Act because of the non applicability of the ESI Act. The non applicability of the ESI Act may arise because (a) the place of employment is in an area to which the ESI Act is not made applicable or (b) though the ESI Act is applicable to the industrial establishment, still the ESI Act may not be applicable to the employee in question as he/she draws wages exceeding Rs.15000/- per month.
3.For the EC Act to be applicable, the employer should come within the definition of the term "employer" as defined under section 2(e) of the ECAct, and the individual should come within the definition of the term "employee" as defined under section 2(i)(dd) of the EC Act read with the Schedule II to the Act.
With regards
From India, Madras
Your query is "Let us have the concrete provision about ' The employee not covered under ESI has to be covered under Employees covered under Employee Compensation Act' ".
This query has to be answered in a round about way.
1. Please see section 61 of the ESI Act. This reads as "Bar of benefits under other enactments.-When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment." Conversely this means that if a person is not entitled to any of the benefits under the ESI Act he is entitled to receive similar benefits admissible under the provisions of any other enactment. Therefore if a person whether male or female is not entitled to get the benefits under the ESI Act he/she can get the benefits of the ECAct provided the ECAct is applicable to him. Similarly a woman who is not entitled to get the maternity benefit under the ESI Act is entitled to get the benefits of the Maternity Benefit Act provided the Maternity Benefit Act is applicable to her.
2.An employee may not be entitled to receive the benefits under the ESI Act because of the non applicability of the ESI Act. The non applicability of the ESI Act may arise because (a) the place of employment is in an area to which the ESI Act is not made applicable or (b) though the ESI Act is applicable to the industrial establishment, still the ESI Act may not be applicable to the employee in question as he/she draws wages exceeding Rs.15000/- per month.
3.For the EC Act to be applicable, the employer should come within the definition of the term "employer" as defined under section 2(e) of the ECAct, and the individual should come within the definition of the term "employee" as defined under section 2(i)(dd) of the EC Act read with the Schedule II to the Act.
With regards
From India, Madras
Thanks Mr. Madhu & Mr. Harikrishnan,
Your answers are rightly focused the issue. Still I would like to get the clarity about " Trainee' ( not registered under Apprentice Act ) is covered are not under ECA . If yes then which provision .
Pl clarify.
Thanks & Regards.
From India, Pune
Your answers are rightly focused the issue. Still I would like to get the clarity about " Trainee' ( not registered under Apprentice Act ) is covered are not under ECA . If yes then which provision .
Pl clarify.
Thanks & Regards.
From India, Pune
Trainees other than engaged under the Apprentice Act are covered by ESI Act if the stipend paid is not more than Rs 15000 per month. In case of establishment under non notified area which is not covered by ESI, naturally, Employees Compensation Act will apply. In respect of trainees under Apprentice Act also, provisions of Workmen's/ Employees Compensation Act will be applicable since they are not covered by ESI Act.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Mr.Chandratre
Pls. see the definition of the term "employee" as defined under section 2(dd) of the EC Act. The main thrust of this definition is on the term "employed". It is silent as to the status of the individual employed, whether, temporary, casual or permanent or trainee. The "trainees" are also employees of the employer. Even apprentices who are taken in as apprentices not under the Apprentices Act but under a scheme of apprenticeship formulated by the employer are "employees". Therefore "trainees" are employees subject to the provisions of section 2(dd) of the EC Act read with the Schedule II to the EC Act.
With regards
From India, Madras
Pls. see the definition of the term "employee" as defined under section 2(dd) of the EC Act. The main thrust of this definition is on the term "employed". It is silent as to the status of the individual employed, whether, temporary, casual or permanent or trainee. The "trainees" are also employees of the employer. Even apprentices who are taken in as apprentices not under the Apprentices Act but under a scheme of apprenticeship formulated by the employer are "employees". Therefore "trainees" are employees subject to the provisions of section 2(dd) of the EC Act read with the Schedule II to the EC Act.
With regards
From India, Madras
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Employee's Compensation Act-2009.pdf
THE EMPLOYEE COMPENSATION ACT.docx