Dear Members,
I do not agree with the statement of Sh Vijay Dhinga Ji that "If you are working in construction industry and the worker was working at the site then the ESI is not applicable". As far as I understand if your work site is located in the area, where ESI scheme is not implemented, which is in other words called as 'Non-implemented Area' then only Employees' Compensation Act,1923 will be made applicable.
As far 1st query of Sh R Mishra is concerned, Section 53 of ESI Act,1948 clearly debar insured persons from receiving compensation under any other law.Members have already explained the benefits to which the dependent/legal heirs are entitled in respect of the deceased employee. In reference to your 2nd query, it is clarified that where wage of an employee exceeds Rs. 15000.00 p.m, then Employees' Compensation Act,1923 shall come into picture.
BS Kalsi
Member since Aug 2011
I do not agree with the statement of Sh Vijay Dhinga Ji that "If you are working in construction industry and the worker was working at the site then the ESI is not applicable". As far as I understand if your work site is located in the area, where ESI scheme is not implemented, which is in other words called as 'Non-implemented Area' then only Employees' Compensation Act,1923 will be made applicable.
As far 1st query of Sh R Mishra is concerned, Section 53 of ESI Act,1948 clearly debar insured persons from receiving compensation under any other law.Members have already explained the benefits to which the dependent/legal heirs are entitled in respect of the deceased employee. In reference to your 2nd query, it is clarified that where wage of an employee exceeds Rs. 15000.00 p.m, then Employees' Compensation Act,1923 shall come into picture.
BS Kalsi
Member since Aug 2011