Dear Seniors
I have doubt regarding workmen compensation act that 1
1 if an organisation is not covered under ESIC act then workmen compensation act will be apply over there or not.
2. Is WC Act has been stop from 2010. if yes then why and what is the reason and provision for that.
3. What is the difference between ESIC and WC act if Applicable Now.
From India, Chandigarh
2I have doubt regarding workmen compensation act that 1
1 if an organisation is not covered under ESIC act then workmen compensation act will be apply over there or not.
2. Is WC Act has been stop from 2010. if yes then why and what is the reason and provision for that.
3. What is the difference between ESIC and WC act if Applicable Now.
From India, Chandigarh
Dear Surjeet Singh
Any compensation payable to an employee (earlier it was workmen) who sustained injury resulting to Temporary Total, or Permanent Total or Temporary Partial or Parmanent Partial disability will be governed by WC Act. The calculation of the compensation is calculated as per WC Act.
The ESI Act is covering the factories and it was not possible to establish their hospitals everywhere in India. Hence in the absence of ESI, the employer will have to take care of their employees under WC Act. If the employees gross salary is above Rs.15000/- then the employee will get covered under WC Act and ESI Act cannot be applicable.
The WC Act is mainly useful for the unorganised sectors and temporary establishments, which is having the floating workforce and the permanent workers will be very less.
As per WC Act, the employer has to pay the compensation to the injured workmen / family of deceased workmen. In ESI the ESIC will take care of the treatment part as well as the compensation part. But as per WC Act, the employer has to bear the cost of the compensation / treatment. To reduce the cost involved in the treatment / compensation payment, the employer has to obtain the WC Policy or Group Personal Accident Policy.
From India, Kumbakonam
Any compensation payable to an employee (earlier it was workmen) who sustained injury resulting to Temporary Total, or Permanent Total or Temporary Partial or Parmanent Partial disability will be governed by WC Act. The calculation of the compensation is calculated as per WC Act.
The ESI Act is covering the factories and it was not possible to establish their hospitals everywhere in India. Hence in the absence of ESI, the employer will have to take care of their employees under WC Act. If the employees gross salary is above Rs.15000/- then the employee will get covered under WC Act and ESI Act cannot be applicable.
The WC Act is mainly useful for the unorganised sectors and temporary establishments, which is having the floating workforce and the permanent workers will be very less.
As per WC Act, the employer has to pay the compensation to the injured workmen / family of deceased workmen. In ESI the ESIC will take care of the treatment part as well as the compensation part. But as per WC Act, the employer has to bear the cost of the compensation / treatment. To reduce the cost involved in the treatment / compensation payment, the employer has to obtain the WC Policy or Group Personal Accident Policy.
From India, Kumbakonam
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RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf
Workmen's Compensation Act 1923.doc