Umakanthan53
Labour Law & Hr Consultant

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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
Hi, Seniors and experts please give your valuable inputs.
From India, Delhi
Dear Sandeep,
Hope you would treat this reply as a response to your private message to me too.
A minor correction to the statement in your question no.1 :- The amount of compensation where permanent total disablement results from the injury mentioned u/s 4(1)(b) of the Employees Compensation,1923 as per its 2009 amendment is an amount equal to 60% of the monthly wages of the injured workman multiplied by the relevant factor or an amount of 1,40,000-00 rupees whichever is more.
1)Regarding the relevant factor referred to in sec.4, you have to turn to the Schedule IV appended to the Act. The schedule contains the factors for working out lump sum equivalent of compensation in case of PERMANENT DISABILITY and DEATH based on the completed year of age starting from 16 to 65 or more.
When you arrive at the compensation amount as per sec.4(1)(a) or (b) by multiplying 50% or 60% of the wages as the case be by the relevant factor corresponding to the age, it shall be Rs.120000/= or more OR Rs.140000/= or more as the case be respectively.
A "SCHEDULE" is a part of an Act. Schedules to an Act are often used to spell out more in detail how the provisions of the Act are to work in practice. We should have a thorough reading of every schedule with reference to the provisions of the corresponding sections in the concerned Act.
2) Section 4(2) specifically states that for every completed year of service or part thereof in excess of 6 months gratuity shall be paid. It means automatically that 4.8 or 4.9 shall be treated as 5 years.
The second part of the question is not clear to me.
3) SL, CL are commonly available under the Shops and Establishments Acts of almost all States in India but in varying scales. Better refer to your own State's Act.
4) Better, you may refer to your State Factories Rules please.
5) The meaning of the statutory definition of the term "continuous service" occurring in Sec.25-B of the ID Act,1947 is different from the meaning of the colloquial phrase " continuous service". The statutory continuous service of 240 days or 180 days are inclusive of the permissible interruptions mentioned therein.

From India, Salem
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