Navigating Wage Limits: Are Your Employees Still Covered Under the Employees' Compensation Act?

Dear Sir, Our factory is covered under the E.S.I. Act. Some of the employees have exceeded the ESI wage limit, i.e., Rs. 15,000. These employees include workmen, supervisory staff, and managerial staff.

Will these employees be covered under the Employees' Compensation Act? Is there any wage limit and exemption for managerial staff, supervisory staff, or workmen? Please clarify.

Regards,
T. MURALI KRISHNA

Please consider revising the medical policy for employees earning above 15,000 so that they can benefit from it. Otherwise, the Workman Compensation Act will be applicable.

Regards,
Ratikanta Rath

Instead of opting for a WC policy, consider a Group Personal Accident policy, which is open to all. This coverage will be superior to WC and is accepted by all statutes.

If you require more information, I suggest inviting people from New India Assurance or similar companies to provide details for your consideration. If, even after that, you believe WC is the better choice, then proceed with that option.

Thanks and regards,
Kamesh

Group Personal Accident Policy vs. Employee's Compensation Act

Group personal accident policies cover a fixed amount only, whereas under the Employee's Compensation Act, the claim will depend on age, salary, and service. When considering a group personal accident policy, the benefits should be better than those provided by the EC Act. How can we structure the group policy to compensate for EC claims?

Please advise.

Regards,
T. MURALI KRISHNA

I agree with Kamesh. A Group Personal Accident policy is better than a WC policy. Therefore, those employees are not covered under the ESIC scheme.

Medical Facilities Requirement Under Industrial Employment Standing Orders Act

Under the Industrial Employment Standing Orders Act, providing medical facilities to employees is a statutory requirement. This applies irrespective of whether the employee is a contract employee, trainee, or regular employee, earning more or less than ₹15,000. Therefore, the company must formulate a medical policy for all types of employees. If the policy formulated is better than the ESI scheme, it is acceptable; otherwise, the ESI Act will be applicable. If no policy is in place, the Workmen's Compensation Act will apply.

As per the Workmen's Compensation Act, the employer needs to pay compensation to the employee. It is irrelevant for the labor department or any other statutory body whether the management is paying from their pocket, workers' compensation (WC), or group insurance. Group insurance is a better option than a WC policy.

I request other seniors to respond and provide updates.

Thanks and regards,
Kamesh