Saswatabanerjee
Partner - Risk Management
Sumitk.saxena
Service/manager-hr
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear Sir / Madam,
I need one clarification, Our Construction site is covered under ESI act and we have taken Workmen's Compensation policy policy also. but is it necessary to take Workmen's Compensation policy?
Kindly help me to sort out the issue.
Thank you.

Workmen Compensation Act is a compulsory enactment. This means if an employee is covered under Scheduled Employment this act applies. ESI and EC Act are different serving different purposes. So yes in any case WC acts will apply. See the website below for more detailed differentiation.
If you go through the employee compensation act (earlier it was called workman compensation act), it is very clearly stated that this does not apply to any employee that is covered by the ESIC act and schemes.
Therefore, it would not be necessary to cover workers under ESIC in the workman compensation insurance plan. Any compensation due to them for accidents will be taken care of by ESIC.
However, employees with salary of more than ₹15,000 per month are not covered under ESIC. Therefore you should have an WC insurance policy to take care of those employees.

Labour law index, please do not mislead people. Workman compensation act does not apply to any employee covered under ESIC
Section 53 of ESI Act reproduced below which bars claim by an IP or his dependents from any other source than ESIC V K Gupta
Agreed with Saswata Banerjee in the matter in support of same i am enclosing the circular hope this will clear all doubts. Thanks & Regards, From, Sumit Kumar Saxena

Attached Files
File Type: pdf ESIC Circular_Applicable to Construction Sector.pdf (818.5 KB, 244 views)

Dear All,
Greetings ........
Please read https://www.citehr.com/575067-workme...red-under.html thread where the issue is discussed in detail.
Regards,

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™