In one of our fashion store outlets in UP a contract employee drawing less than 18K per month has met with an accident on the job. This establishment is governed under the Shop & Establishment act
The accident and subsequent hurt that happened was while the employee was doing routine store work.
The employee was on contract with a contractor whom we have discovered had not enrolled the said contract employee under the provisions of the ESI act.
From a statutory point of view please guide me
1) If such a contract employee is applicable under Employee Compensation Act
2) Should the company have to pay for the contract employee under provisions of the Employee Compensation Act considering his wage as Rs 8K. Also will the company have to pay any loss of pay to the employee in addition to compensation.
3) If the contractor is not fulfilling his obligations under ESI act is there any penalty towards the principal employer.
4) Does the employee compensation act also be applicable on an employee if he/she decides to work on the day of his/her weekly off.
The accident and subsequent hurt that happened was while the employee was doing routine store work.
The employee was on contract with a contractor whom we have discovered had not enrolled the said contract employee under the provisions of the ESI act.
From a statutory point of view please guide me
1) If such a contract employee is applicable under Employee Compensation Act
2) Should the company have to pay for the contract employee under provisions of the Employee Compensation Act considering his wage as Rs 8K. Also will the company have to pay any loss of pay to the employee in addition to compensation.
3) If the contractor is not fulfilling his obligations under ESI act is there any penalty towards the principal employer.
4) Does the employee compensation act also be applicable on an employee if he/she decides to work on the day of his/her weekly off.