Industrial Relations Session 28

8/11/2019 Industrial Relations Session 28

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Session 28

Employees State Insurance Act 1948

Workmen's Compensation Act 1923


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Applicable: All India

http://labour.nic.in/upload/uploadfiles/files

/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdf

As per Amendment of 2010, only workers

with wages up to Rs. 15000 are coveredunder this Act
http://labour.nic.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdfhttp://labour.nic.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdfhttp://labour.nic.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdfhttp://labour.nic.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdfhttp://labour.nic.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdfhttp://labour.nic.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/TheEmployeesAct1948.pdf


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Appropriate Government

Confinement : delivery of a child, alive ornot

Corporation: Employees State InsuranceCorporation, set up under this Act

Employment injury

Employee

Dependent parentsManaging agent

Sickness

Temporary disablement


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Appointed by the Central Govt. to advise the

Corporation and the Standing Committee on

the administration of medical benefits Investigate complaints against medical

practitioners


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All contributions will be held in this fund

Grants and donations from the Central /State

govt and local authorities may also be

accepted into the fund


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All establishments covered under the Act

must have their employees insured

Principal employer must pay contribution

He may recover the amount in case he is notthe immediate employer

Registers of contributions to be maintained

Employers to furnish returns


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Appointed by the Corporation

May require any principal employer to furnish

details

At any reasonable time, enter the premisesand inspect records, question any person

found on the premises


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Decisions may be reviewed based on fresh

evidence that may or may not have been

disclosed earlier; unforeseen aggravationfrom an injury


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The Corporation may establish hospitals,

clinics and dispensaries which it will run

The Corporation may also enter into an

agreement with local authorities or privatebodies for medical treatment to be provided

for insured members


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No employer may dismiss an employee while

he is in receipt of benefits under the Act,

except as provided in the regulations


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Punishment for false statements:

imprisonment up to 6 months and fine

Failure to pay contribution: imprisonment up

to 3 years and fine


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Workmen's Compensation Act, 1923


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http://labour.nic.in/upload/uploadfiles/files

/ActsandRules/SocitySecurity/TheWorkmenA

ct1923.pdf


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Indemnify

To compensate for loss or injury suffered

The students had to indemnify the collegefor the damage caused to furniture.


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An employer shall not be liable--

(a) in respect of any injury which does notresult in the total or partial disablement of

the workman for a period exceeding 3 days;

(b) in respect of any injury, not resulting indeath,

caused by an accident which is directlyattributable

to (i) the workman having been at the timethereof under the influence of drink ordrugs, or


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(ii) the wilful disobedience of the workman

to an order expressly given, or to a rule

expressly framed for the purpose of securing

the safety of workmen or

(iii) the wilful removal or disregard by the

workman of any safety guard or other device

which he knew to have been provided for the

purpose of securing the safety of workmen.


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If it is proved that the disease is a result of

the occupation, has arisen out of the course

of employment, it shall be treated as aninjury under the Act


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Death: 40% of the monthly wages multiplied

by the relevant factor in the schedule

Permanent total disablement: 50% of themonthly wages multiplied by the relevant

factor

Relevant factor: Col 2 of Schedule 4, basedon age calculation


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Loss of earning capacity

Temporary or partial disablement: 25% of

monthly wages, payable half monthly

If such disablement lasts more than 28 days

Compensation to be paid immediately as it

falls due

In case of default, interest and penalty may

be levied on the employer


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In case of death or legal disability, the

compensation must be deposited with the

Commissioner

No direct payment to workman is counted ascompensation under the Act


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If the Commissioner receives information

about any death, he can require the

employer to give a statement in specified

format within 30 days, indicating

circumstances and whether the employer

considers himself liable


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If the employer considers himself liable, he

must deposit the payment within 30 days

If he considers himself not liable, he must

state the reasons for the same The Commissioner may inform the

dependants of the employee

Dependants may then file a claim for

compensation The Commissioner may give them

information needed to file the claim


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Requiring > 28 days absence

Permanent loss or use of any limb

Permanent loss or damage to sight, hearing

Fractures of limbs


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The principal employer is liable to pay the

compensation to a contracted workman as if

he was directly employed

The principal employer has then to be

indemnified by the contractor


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The workman can prove for the balance

compensation in the liquidation proceedings


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For failure to maintain records and send

reports, a fine is imposed


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By the state government, through publication

in the official gazette

Commissioner may choose one or morepersons who have relevant knowledge to

assist in holding the inquiry


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Where any lump sum has been settled by way

of an agreement, the agreement should besent to the Commissioner for registration


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Industrial Relations Systems : Global

Perspective

Ref Chapter 33, Mamoria

Documents

Industrial Relations Session 28