Workmen's Compensation Act, 1923 becomes Employees with enhanced compensation limits, full medical expenses reimbursement, case disposal within 3 months, etc..& also applicable to casual & clericals
The Workmen's Compensation (Amendment) Act. Workmen's Compensation Act is now Employees Compensation Act, 1923 and the definition of employee includes clerical employees & casual employees also. Further,
the minimum compensation limits on no-fault basis are increased to Rs.1,20,000 & 1,40,000 (erstwhile limits being Rs. 80,000 & 90,000).
under the maximum compensation limit, the monthly wage limit of Rs.4,000/ is removed. Hence, the maximum compensation can go UPTO 50% of Total Monthly Wages now, irrespective of limits.
Funeral expenses limit extended to Rs.5000 (from Rs.2,500)
The employee shall be reimbursed the actual (full) medical expenditure incurred by him for treatment of injuries caused during the course of employment.
Time limit for disposal of cases relating to compensation introduced- The Commissioner shall dispose of the matter relating to compensation within 3 months of reference.
Old definition: "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is….
New definition: Section 2 amended
“(dd) “employee” means a person, who is—
(i) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II; or
(ii) (a) a master, seaman or other members of the crew of a ship,
(b) a captain or other member of the crew of an aircraft,
(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle.
(d) a person recruited for work abroad by a company,and who is employed outside India in any such capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in India; or
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been” injured shall, where the employee is dead, include a reference to his dependants or any of them;';
From India
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3The Workmen's Compensation (Amendment) Act. Workmen's Compensation Act is now Employees Compensation Act, 1923 and the definition of employee includes clerical employees & casual employees also. Further,
the minimum compensation limits on no-fault basis are increased to Rs.1,20,000 & 1,40,000 (erstwhile limits being Rs. 80,000 & 90,000).
under the maximum compensation limit, the monthly wage limit of Rs.4,000/ is removed. Hence, the maximum compensation can go UPTO 50% of Total Monthly Wages now, irrespective of limits.
Funeral expenses limit extended to Rs.5000 (from Rs.2,500)
The employee shall be reimbursed the actual (full) medical expenditure incurred by him for treatment of injuries caused during the course of employment.
Time limit for disposal of cases relating to compensation introduced- The Commissioner shall dispose of the matter relating to compensation within 3 months of reference.
Old definition: "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is….
New definition: Section 2 amended
“(dd) “employee” means a person, who is—
(i) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II; or
(ii) (a) a master, seaman or other members of the crew of a ship,
(b) a captain or other member of the crew of an aircraft,
(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle.
(d) a person recruited for work abroad by a company,and who is employed outside India in any such capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in India; or
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been” injured shall, where the employee is dead, include a reference to his dependants or any of them;';
From India
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Dear Deep,
Thank you for the copy of the notification. However, the members are advised not to take any hasty steps. The Central Government is yet to notify the date from which the amended Act would take effect. Please read subsection (2) of section 1 of the amended Act No. 45 of 2009 (the above-mentioned notification).
Best wishes,
J. Pratap
From India, Chandigarh
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Thank you for the copy of the notification. However, the members are advised not to take any hasty steps. The Central Government is yet to notify the date from which the amended Act would take effect. Please read subsection (2) of section 1 of the amended Act No. 45 of 2009 (the above-mentioned notification).
Best wishes,
J. Pratap
From India, Chandigarh
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Yes the monthly wage ceiling is Rs.8,000/- with effect from 31.05.2010 as per the Gazette Notification dated 31.05.2010.
From India, Visakhapatnam
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From India, Visakhapatnam
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Please find attached notes on the Employee Compensation Act. I believe the attachment may be useful to members. These notes were prepared by me for delivering a lecture to Labour Law students in a hurry. If any errors have crept into this or if any important provisions have been missed out, I kindly request you to bring them to my attention. I have taken help from this site in making the notes.
Regards.
From India, Mumbai
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Regards.
From India, Mumbai
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Employee's Compensation Act-2009.pdf