Dear Sir/Madam,
I need clarification. Our construction site is covered under the ESI Act, and we have also taken a Workmen's Compensation policy. However, is it necessary to have this policy?
Kindly help me sort out this issue.
Thank you.
From India, Bangalore
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I need clarification. Our construction site is covered under the ESI Act, and we have also taken a Workmen's Compensation policy. However, is it necessary to have this policy?
Kindly help me sort out this issue.
Thank you.
From India, Bangalore
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The Workmen's Compensation Act is a compulsory enactment. This means that if an employee is covered under Scheduled Employment, this act applies. The ESI and EC Acts serve different purposes. Therefore, in any case, the Workmen's Compensation Act will apply. Please refer to the website below for a more detailed differentiation.
From India, Kolkata
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180From India, Kolkata
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Understanding Employee Compensation and ESIC Coverage
If you go through the Employee Compensation Act (earlier called the Workman Compensation Act), it is very clearly stated that this does not apply to any employee covered by the ESIC Act and schemes. Therefore, it would not be necessary to cover workers under ESIC in the workman compensation insurance plan. Any compensation due to them for accidents will be taken care of by ESIC.
However, employees with a salary of more than ₹15,000 per month are not covered under ESIC. Therefore, you should have a WC insurance policy to take care of those employees.
Regards
From India, Mumbai
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If you go through the Employee Compensation Act (earlier called the Workman Compensation Act), it is very clearly stated that this does not apply to any employee covered by the ESIC Act and schemes. Therefore, it would not be necessary to cover workers under ESIC in the workman compensation insurance plan. Any compensation due to them for accidents will be taken care of by ESIC.
However, employees with a salary of more than ₹15,000 per month are not covered under ESIC. Therefore, you should have a WC insurance policy to take care of those employees.
Regards
From India, Mumbai
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Labour law index, please do not mislead people. Workman compensation act does not apply to any employee covered under ESIC
From India, Mumbai
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From India, Mumbai
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Section 53 of ESI Act reproduced below which bars claim by an IP or his dependents from any other source than ESIC V K Gupta
From India, Panipat
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From India, Panipat
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Agreed with Saswata Banerjee in the matter in support of same i am enclosing the circular hope this will clear all doubts. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
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From India, Ghaziabad
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Dear All,
Greetings...
Please read the thread at https://www.citehr.com/575067-workme...red-under.html where the issue is discussed in detail.
Regards,
From India, Pune
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Greetings...
Please read the thread at https://www.citehr.com/575067-workme...red-under.html where the issue is discussed in detail.
Regards,
From India, Pune
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ESI - Construction site workers.pdf
EMPLOYER COMPENSATION AS PER W.C. ACT.doc