Industrial Relations And Labour Laws
Statutory Complaince/labour & Employment
to correct you there is circulation recently in January 2011 from Director ESIC, Panchdeep Bhawan, Delhi to all SO and ROs that now construction site worker shall be covered under ESI Act, and they can avail medical benefit. By this circulation ESI Authorities strucked down their own circular of Year 1999.
the survey for the same is undergoing and now coverage of such site work will be started
10th February 2011
The primary responsibility of coverage and payment of contribution is on the contractor but if the contractor does not pay it, the principal employer should pay it on behalf of contractor and can deduct the amount so paid from the amount payable to the contractor.
9th March 2011 From India, Kannur
10th March 2011 From India, Kannur
19th May 2011 From India, Kannur
Sec. 53. Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
Therefore, Employee Compensation policy can not substitute ESIC Act, enforcement.
5th October 2011 From India, Gurgaon
As per new ruling of supreme court were building association of india filed a case and they had got stay order till further notice , hence till the further notice come the construction worker had been excluded form ESIC contribution and benefit.
Kindly find notification for further references.
13th February 2019 From India, Korba