Hi,
1.As per the new notification of employee compensation act certain changes have been made in claim calculation.In case the employee loses his life, the amount shall be equal to Rs. 1,20,000 or 50% of the employee’s monthly wage multiplied by the relevant factor; whichever one is higher.
If, by the accident, the employee is left totally incapacitated then Rs. 1,20,000 or 60% of the employee’s monthly wage of the employee multiplied by relevant factor shall be paid as compensation; whichever one is higher.
how do we arrive at the amount of 1,20,000 and what is the relevant factor.
2. How to calculate gratuity when it comes to 4.8 or 4.9 years. What is the basic rule depending on the number of the working days.
3. SL/CL is mentioned under which act and how many in a year.
4. As per Factories how time before expiry we have to apply for renewal of factory license.
5. In simple words not as written in act what is Continuous Service as per I.D Act 1947
From India, Delhi
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61.As per the new notification of employee compensation act certain changes have been made in claim calculation.In case the employee loses his life, the amount shall be equal to Rs. 1,20,000 or 50% of the employee’s monthly wage multiplied by the relevant factor; whichever one is higher.
If, by the accident, the employee is left totally incapacitated then Rs. 1,20,000 or 60% of the employee’s monthly wage of the employee multiplied by relevant factor shall be paid as compensation; whichever one is higher.
how do we arrive at the amount of 1,20,000 and what is the relevant factor.
2. How to calculate gratuity when it comes to 4.8 or 4.9 years. What is the basic rule depending on the number of the working days.
3. SL/CL is mentioned under which act and how many in a year.
4. As per Factories how time before expiry we have to apply for renewal of factory license.
5. In simple words not as written in act what is Continuous Service as per I.D Act 1947
From India, Delhi
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Dear Sandeep,
I hope you consider this reply as a response to your private message to me as well.
A minor correction to the statement in your question no. 1: The amount of compensation for permanent total disablement resulting from the injury mentioned under Section 4(1)(b) of the Employees Compensation Act, 1923, as per its 2009 amendment, is an amount equal to 60% of the monthly wages of the injured worker multiplied by the relevant factor or an amount of INR 1,40,000, whichever is higher.
Regarding the relevant factor referred to in Section 4, you need to refer to Schedule IV appended to the Act. The schedule contains the factors for calculating the lump sum equivalent of compensation in cases of permanent disability and death based on the completed years of age starting from 16 to 65 or older. When calculating the compensation amount under Section 4(1)(a) or (b) by multiplying 50% or 60% of the wages by the relevant factor corresponding to the age, it shall be INR 120,000 or more, or INR 140,000 or more, respectively. A "Schedule" is a part of an Act, providing detailed explanations on how the Act's provisions are to be implemented. It is essential to thoroughly read every schedule in relation to the corresponding sections of the Act.
Section 4(2) specifies that for every completed year of service or part thereof exceeding 6 months, gratuity must be paid. This implies that 4.8 or 4.9 years shall be considered as 5 years.
I am unclear about the second part of the question.
Sick leave (SL) and casual leave (CL) are commonly available under the Shops and Establishments Acts of almost all states in India but with varying scales. It is advisable to refer to your state's specific Act.
You may also consult your State Factories Rules.
The statutory definition of "continuous service" in Section 25-B of the Industrial Disputes Act, 1947, differs from the colloquial meaning of the term. The statutory continuous service of 240 days or 180 days includes the permissible interruptions stated therein.
From India, Salem
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I hope you consider this reply as a response to your private message to me as well.
A minor correction to the statement in your question no. 1: The amount of compensation for permanent total disablement resulting from the injury mentioned under Section 4(1)(b) of the Employees Compensation Act, 1923, as per its 2009 amendment, is an amount equal to 60% of the monthly wages of the injured worker multiplied by the relevant factor or an amount of INR 1,40,000, whichever is higher.
Regarding the relevant factor referred to in Section 4, you need to refer to Schedule IV appended to the Act. The schedule contains the factors for calculating the lump sum equivalent of compensation in cases of permanent disability and death based on the completed years of age starting from 16 to 65 or older. When calculating the compensation amount under Section 4(1)(a) or (b) by multiplying 50% or 60% of the wages by the relevant factor corresponding to the age, it shall be INR 120,000 or more, or INR 140,000 or more, respectively. A "Schedule" is a part of an Act, providing detailed explanations on how the Act's provisions are to be implemented. It is essential to thoroughly read every schedule in relation to the corresponding sections of the Act.
Section 4(2) specifies that for every completed year of service or part thereof exceeding 6 months, gratuity must be paid. This implies that 4.8 or 4.9 years shall be considered as 5 years.
I am unclear about the second part of the question.
Sick leave (SL) and casual leave (CL) are commonly available under the Shops and Establishments Acts of almost all states in India but with varying scales. It is advisable to refer to your state's specific Act.
You may also consult your State Factories Rules.
The statutory definition of "continuous service" in Section 25-B of the Industrial Disputes Act, 1947, differs from the colloquial meaning of the term. The statutory continuous service of 240 days or 180 days includes the permissible interruptions stated therein.
From India, Salem
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