Employees Compensation (Amendment) Act 2017 Notified

Friends,

Please find attached the Employees Compensation (Amendment) Act 2017, which was notified on 12.4.2017. The Amendment Act introduces the following key provisions:

(a) It is now mandatory for the employer to notify the employee about their rights to compensation under the Act, both in writing and through electronic means.

(b) The penalty amount for violations under the Act has been increased from five thousand rupees to fifty thousand rupees, with a provision to extend it up to one lakh rupees.

(c) Employers can now face penalties for failing to inform employees about their compensation rights under the Act.

(d) The minimum amount required to file an appeal in the High Court has been raised from three hundred rupees to ten thousand rupees, or as specified by the Central Government through notification.

(e) Section 30A, which allowed the Commissioner to withhold employee payments during High Court appeals, has been removed. Now, payments can only be withheld if there is a High Court stay order in cases where the employer files the appeal.

Thank you.

For calculating employee compensation, we first see the actual basic, which is $8500, the limit for the calculation of wages. The same is multiplied by the relevant factor and the disability percentage.

Example in the case of death:

Compensation Calculation (Death Case)

1. Name
2. Designation
3. Date of Birth: 26.09.1989
4. Age prior to the accident: 22
5. Date of accident: 21.07.2011
6. Rate of Payment (Per Day): $160.78
7. Monthly Wages: $7200
8. 50% of Total Wages (In case of death): $3600
9. Relevant Factor Under Schedule IV- WC Act: 166.29
10. Compensation Amount to be Payable: $598644.

Thank you for posting the amendment. It will definitely help us to plan further action.

Regards,
Rajesh Aggarwal