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Rajesh (MANAGER )     25 March 2011

Workmen Compensation 2010

Dear All,

 

I am a newly joined HR professional, I request you all to provide me WC act attachment and request to let me know the who are eligible for the claim. ( I mean who all are can be covered casual labour or labour (covered under ESI) or executives whose salaries are more than 15k).

 

Please advise.

 

Rgrd,

Rajesh

 

 



Learning

 2 Replies

Avinash Kumar Sharma (Sr. Manager HR)     28 March 2011

Dear Rajesh,

Please find attached W. C. Act now amended as Employee Compensation Act.

Thanks,

Avinash


Attached File : 48 48 employees compensation act 1923.doc downloaded: 194 times

Kirti Kar Tripathi (lawyer)     29 March 2011

 

 

The definition is Employees in New Employees Compensation Act is as below

(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;

 

This definition does not make any distinction  between regular employee and casual employee. Thus a casual employee is entitled for the protection of Employees' Compensation Act.

 

 

 

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