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NEWS

ESI Wage Ceiling enhanced to Rs. 15,000/-:

Monthly Wage Ceiling for coverage under ESI enhanced from Rs. 10,000/- to Rs. 15,000/- w.e.f. 1st May, 2010.

Gratuity Ceiling enhanced to Rs. 10,00,000/-:

The Parliament has approved enhancement of Gratuity Ceiling for employees from Rs. 3,50,000/- to Rs. 10,00,000/-.

Workmen's Compensation Act, 1923 renamed as 'Employees' Compensation Act, 1923' vide Workmen's Compensation (Amendment) Act, 2009.

Private Sector Schools / Colleges & Hospitals / Nursing Homes in Delhi now covered under ESI:

Labour Dept. - NCT of Delhi has notified that all Educational Institutions and Hospitals or Nursing Homes in NCT of Delhi, except those run by Ministries and Departments of Central Government and Govt. of NCT of Delhi, shall now be covered under ESI.

Director is not covered under definition of 'Employer' under EPF & ESI Acts and hence, can not be prosecuted under Section 405 of IPC for offenses by company [Held by Hon'ble Calcutta High Court in Robin Paul V. State of West Bengal [2010] 153 COMP CAS 419 (CAL)]

India & Korea signed reciprocal Social Security Agreement

India and Republic of Korea have signed reciprocal Social Security Agreement (SSA) on 15th October, 2010. This Social Security Agreement shall be beneficial to the migrant workers of both the countries on the reciprocal basis such as relaxation / exemption for payment of social security contribution and import of social security credits to their home country.

Central & State Specific Labour Laws & Rules
 
Workmen's Compensation Act, 1923

Purpose & Object The Workmen's Compensation Act, 1923 has been enacted to provide payment of compensation to workmen or their dependants in case of injury / accident arising out of and in the course of employment and resulting in disablement or death.

Workmen's Compensation Act, 1923 has been remaned as 'Employees' Compensation Act, 1923' vide Workmen's Compensation (Amendment) Act, 2009
Applicability
  • The Workmen's Compensation Act, 1923 extends to whole of India.
  • It applies to workmen employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations in any such capacity as is specified in Schedule II of the Act;
  • It applies to persons recruited for working abroad and who is employed outside India in any such capacity as is specified in Schedule II of the Act.
  • It also applies to a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle and to a captain or other member of crew of an aircraft.
Eligibility

The workmen or their dependants shall be entitled for compensation under the Act in case of injury / accident arising out of and in the course of employment and resulting in:

  • Death or
  • Permanent Total Disablement or
  • Permanent Partial Disablement or
  • Temporary Disablement (whether total or partial)
Determination of Compensation
Subject to provisions of this Act, the amount of compensation depends upon nature of the injury, average monthly wages and age of the workmen and the same is determined on the following basis:
Cases Amount of Compensation
Death resulting from injury Amount equal to 50% of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of 80,000/-whichever is more;
Permanent Total Disablement resulting from injury Amount equal to 60% of the monthly wages of the injured workman multiplied by the relevant factor or an amount of 90,000/-whichever is more.
Permanent Partial Disablement resulting from injury
  • in case of injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and
  • in case of injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury.
Temporary Disablement, whether total or partial, resulting from injury Half-monthly payment of the sum equivalent to 25% of monthly wages of the workman, to be paid in accordance with the provisions of section 4(2).

Services We Offer

We are Labour Law Consultants and at FuturAgeSM, we provide following services in compliance to the provisions of Workmen's Compensation Act, 1923:

FuturAge Providing day to day consultancy on matters pertaining to Workmen Compensation;
FuturAge Assistance in determination of nature of injury as per provisions of the Act like Temporary Partial Disablement, Permanent Partial Disablement, Total Disablement;
FuturAge Preparation & Submission of notices of accidents / serious bodily injuries with the commissioner;
FuturAge Assistance in medical examination of workmen;
FuturAge Assistance in determination / calculation of amount of compensation payable to workman;
FuturAge Assistance in timely payment / distribution of compensation to workmen;
FuturAge Complying special provisions of the Act as applicable on master & seamen, captains & other members of crew of aircrafts, workmen of companies working abroad;
FuturAge Preparation & Submission of return of compensation
FuturAge Preparation & Maintenance of notice - book;
FuturAge Making reference to commissioner for determination of nature of disablement, amount or duration of compensation, whenever required;
FuturAge Preparation & filing of applications with commissioner as & when required under the Act;
FuturAge Drafting / Registration of Agreements to be entered with workman fixing lump sum amount payable as compensation;
FuturAge Ensuring / Assistance in complying various provisions of the Act related to disclosures, notices, displays, deductions, forfeiture etc.;
FuturAge Replying / Satisfying Show Cause Notices issued by Inspector / Commissioner;
FuturAge Representing establishments before Inspector / Commissioner;
FuturAge Assistance at the time of inspection and search of any premises by Inspector;
FuturAge Representing establishments at the Inquiries conducted by the inspector.
 
 
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