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yashov
In case i am paying salary to staff more than Rs 15000/- per month is it compulsory for me to have a workmens compensation policy for them if ESI is not being deducted ?
From India, Delhi
kumaracme
421

from your write we learn to mention your query on ESI and WC Policy for a staff who earns more than 15K.
You need to understand that for a person who earns more than 15k not an employee under ESIC Act and hence you need to cover him under WC policy otherwise your employer is liable for any injury or loss happened to this employee.

From India, New Delhi
yashov
Is it compulsory to get a WC Policy or optional ? I mean can ESI at the time of inspection penalise us for not doing so ?
From India, Delhi
kumaracme
421

ESIC Inspector bother only for all employees who are getting salary less than 15K, Why he should he speaks for non covered employee. It is for the benefit of your employer you are taking this policy, in case of any untoward accident that may happen to non covered employees at your company premises.
From India, New Delhi
korgaonkar k a
2556

Dear Yasov,

Learned member Shri. Jagat Kumar has given answer to your query correctly.

Only I would like to put it in different way with some additions so as to get some more insights on ESI and WC.

ESI Act and WC (renamed now as EC) Act are two different enactments of special kind.

Those employees who are not coverable under ESI Act are covered by EC Act.

An employee who is not covered under ESI Act meets with an accident out of and in the course of employment and sustains injury resulting in total or partial disablement for a period exceeding three days or death, in such case employer is liable to pay compensation as per the provisions of EC Act.

In case the employer has taken EC policy then the liability of employer is absorbed by the insurance company other wise the employer has to pay the said compensation from his own pocket.

There is no compulsion by law to take policy but it is always advisable to take it.

ESI inspector or even authority under EC Act can not ask you why you have not taken EC policy.

Also be noted that the policy other than EC policy will not absorb the liability of employer under the EC Act.

From India, Mumbai
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