Employees Compensation Act -Compensation In Case Of Death

You have posted in wrong place; you should have started a separate discussion for this.
Wages means all inclusive but treatment of it differ from case to case. Allowances which are flexible in nature need not be taken in to account for the purpose of Overtime payment. Therefore, night allowance which is paid only for the night shifts attended will not form part of wages for the purpose of overtime calculation (as also for other purposes like deciding bonus payments, retrenchment or lay off compensation, workmen's compensation payments etc). Washing allowance is also an allowance to be excluded for OT calculation. If CCA, HRA and Conveyance allowance are fixed per month that should be included.
Regards,
Madhu.T.K

Dear Mr. Panwar,
Please go through the discussion, it is mentioned that :-
if monthly wages is more than 8, 000 ( Before May 1st , 2010 it was 4000) then we will calculate the compensation on 8,000 only, means 8000 is the ceiling value for Employee Compensation Act – 1923 (See section 4) .

Maximum salary for the purpose of compensation was Rs 4000 which was taken out and made as without any ceiling on 18-1-2010. But finding that if the ceiling is removed the compensation would amount to crores even, on 31-5-2010 it was decided to fix the salary as Rs 8000. This is the maximum salary on which the compensation shall be calculated, that is, 50% of 8000 in case of death and 60% of 8000 in case of total disablement. besides the amended Act also provides for full reimbursement of medical expenses.
Regards,
Madhu.T.K

Hi !
One of our employees who was working as a Foreman (Civil) drawing 22000/- PM and all of a sudden he died (natural death).
Please let me know what are the formalities to be completed along with the compansation. He is not under ESI & PF.
Regards
TM

As already stated, compensation depends on wages and age of the employee. therefore, by simply saying the wage it is not possible to calculate compensation. Moreover, the schedule is also available which is self explanatory.
There is no compensation if the death has occurred not during the course of employment and in the present case since it is a natural death there exists no connection with employment and therefore, no compensation is payable to the representatives of the deceased.
Madhu.T.K

Dear Shri Madhu Sir,
Thank you very much for your reply.
By the way I want to make his full and final settlement. he worked with us for 13 years, now he is not under ESI & PF. Kindly let me know for final settlement, I may consider Salary for the month, Leave salary, Gratuity, bonus etc. . Any other formalities to be done ? Is there any statutory Froms for this purpose ? Should I take any signatures/thump impression from the wife/son etc. of the employee..
Kindly help to avoid any inconvenience/difficulties in future to our Company and/or for me.
Regards
TM

For full and final settlement there is no legal form but you can have your own sheet with calculations for leave salary due, salary for the days worked, any additional payment that you would like to grant etc. Certainly the payee should sign the sheet and the voucher as having received the amount.
Regarding gratuity, it is advisable to collect signature on the form L which is an intimation of payment of gratuity given to the employee or the representative of the deceased.
Moreover, make payment by cheque only.
Madhu.T.K

Dear Sir
Good Mornig
Please advise me that when compensation Act apply
With warm Regards
Abhishek Singh

hi all can anybody plz send the compensations of injured person how much we have to pay if he is died or if he is injured how much amount employer have to pay and what benefits that the employee will get

Read the posts right from the beginning, your query has already been answered and discussed here.
Madhu.T.K