Dear Seniors,
I have a small doubt, if any contractor working under any Factory and hired some workers including drivers for transport purpose inside the Factory premises. Since, WC policy is compulsory for all the workers working under contractor, inside the Factory premises. But some contractors are having only WC policy only to the workers except driver category. They are requesting to Factory management to allow their drivers (with vehicle) without WC policy because they all are covered under vehicle insurance policy.
Is it correct not to take separate WC policy for the drivers? Is driver generally covered under vehicle insurance policy? Is the vehicle insurance policy is better than WC policy? If we allow the drivers by considering their risk coverage under vehicle insurance policy, it would be correct as per statutory norms?
Pl suggest.
From India, Pune
4I have a small doubt, if any contractor working under any Factory and hired some workers including drivers for transport purpose inside the Factory premises. Since, WC policy is compulsory for all the workers working under contractor, inside the Factory premises. But some contractors are having only WC policy only to the workers except driver category. They are requesting to Factory management to allow their drivers (with vehicle) without WC policy because they all are covered under vehicle insurance policy.
Is it correct not to take separate WC policy for the drivers? Is driver generally covered under vehicle insurance policy? Is the vehicle insurance policy is better than WC policy? If we allow the drivers by considering their risk coverage under vehicle insurance policy, it would be correct as per statutory norms?
Pl suggest.
From India, Pune
no. you need to take WC Policy for drivers working inside the factory. Vehicle insurance policy become operational only on roads and other places when any untoward incident happens to vehicle or driver but not in the factory premises. Inside the factory premises, only factory inspectorate has got authority for any accident happens they may investigate and book the occupier for unsafe activity. In case of vehicle insurance policy, you need FIR to register a claim with insurance company which is not possible for accident happens inside the premises of a factory. Hence we would suggest you to cover drivers under WC policy.
From India, New Delhi
From India, New Delhi
Dear Z_sachinkhare,
Let me first tell you that in India no insurance is compulsory except vehicle insurance.
When there is an employer-employee relationship and the employment is in factory, mine, plantation,transport establishment, construction, railway, ship, circus and in other hazardous occupations and employments specified in Schedule II of EC Act and the employee is not coverable by ESI Act, the EC (erstwhile WC) Act is applicable to such employee.
As per EC Act, employer is liable to workmen and / or his/ her dependents certain relief or compensation in case of accident to the employee arising out of and in the course of employment and causing either death or disablement- partial or total.
There is no criteria of employment in side the factory premises or out side the factory premises.
Your liability under the EC Act is absorbed by Insurance Company if you cover your employees under EC Policy.
Vehicle Insurance generally covers accidental loss or damage to the vehicle and third party.
Hope you will get answers from my inputs correctly.
From India, Mumbai
Let me first tell you that in India no insurance is compulsory except vehicle insurance.
When there is an employer-employee relationship and the employment is in factory, mine, plantation,transport establishment, construction, railway, ship, circus and in other hazardous occupations and employments specified in Schedule II of EC Act and the employee is not coverable by ESI Act, the EC (erstwhile WC) Act is applicable to such employee.
As per EC Act, employer is liable to workmen and / or his/ her dependents certain relief or compensation in case of accident to the employee arising out of and in the course of employment and causing either death or disablement- partial or total.
There is no criteria of employment in side the factory premises or out side the factory premises.
Your liability under the EC Act is absorbed by Insurance Company if you cover your employees under EC Policy.
Vehicle Insurance generally covers accidental loss or damage to the vehicle and third party.
Hope you will get answers from my inputs correctly.
From India, Mumbai
Dear Z_sachinkhare,
As you have mentioned in your query that you have been hiring some workers including drivers for transport purpose inside the factory premises. The provisions of the ESI Act has been extended to the companies, which are engaged in the "Road motor transport" business, it is thus always advisable to hire those workers from reputed transport company.The advantage of such a step is that all the liabilies relating the the payment of conpensation is met by the ESI Corporation. In this regards, Section 53 of ESI Act,1948 is relevant which puts a bar against receiving or recovering compensation or damages under any other law.
BS Kalsi
From India, Mumbai
As you have mentioned in your query that you have been hiring some workers including drivers for transport purpose inside the factory premises. The provisions of the ESI Act has been extended to the companies, which are engaged in the "Road motor transport" business, it is thus always advisable to hire those workers from reputed transport company.The advantage of such a step is that all the liabilies relating the the payment of conpensation is met by the ESI Corporation. In this regards, Section 53 of ESI Act,1948 is relevant which puts a bar against receiving or recovering compensation or damages under any other law.
BS Kalsi
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
BOCW Act for construction in factory premises- SC.PDF
How to start factory in pondicherry 1.doc