Applicability Of Employees Compensation Act VS ESIC Act

Hello
Please resolve the below query:
1) Is there any mention of applicability of Employees Compensation Act where ESIC Act for eligible employees(Rs 1500 & below) not applicable in any of these two acts.
2) Is there a wage ceiling for inclusion of employees under Employees Compensation Act
3) If answer to Pt (2) is Yes- then do all employees under that wage ceiling fall under the coverage limit or only those who are involved in a manufacturing process are covered (i.e mostly workmen category)
4) Will the employees (eg- employees in Managerial & Supervisory roles) who are above the wage limit of Rs 15000 & are not involved directly in any manufacturing process (eg-HR, Finance, Purchase, IT, Materials, Warehouse etc typically in Support functions) also be covered under the Employees Compensation Act.

Dear Sunnydays

Your question 1: The ESI Act section 53 says that a person insured under the ESI or his dependents cannot make a claim under the Employees Compensation Act. Based on this section an employee who is covered by ESI or his dependants cannot claim the compensation underthe Employees Compensation Act.

Your question 2: There is no wage ceiling for inclusion of employees under the Employees Compensation Act. But while calculating the compensation payable under the EC Act, the salary/wage is restricted to Rs.8000/- per month. Please see section 4(I-B). This section gives power to the Central Government to specify the monthly wages of an employee for the purposes of sub section (1) of Section 4. The Central Government had notified the wage as Rs.8ooo/ per month.

Your question 3:- All the employees who are not covered by the ESI are covered by the Employees Compensation Act.

Your question 4:- All the employees who are listed in Schedule II to the Employees Compensation Act are covered.

With regards

Sir
The person from HR, Finance, Purchase, IT, Materials, Warehouse etc typically in Support functions & whose existence is incidental to the manufacturing process, aren't they employee under the definition of EC Act.
How will they be compensated if personal injury is caused to them during the course of employment.
Whats is your opinion about this Sir ?

Dear Mr.Sunnydays
You please go through the contents of the Schedule II to the Employees Compensation Act. If the work they do or their employment is specified in it then they are covered, subject to the condition that they are not covered by the ESI Act. Their work need not be connected with the manufacturing process. It could be even incidental to the work done. Further even casual workers are covered by the provisions of the Employees Compensation Act. If you give specific information about the designation and job description of the concerned individual employee probably I may be able to give my views.
With regards

Dear Mr.Sanjay
Please see my last post in this thread. It contains the answer to your query.
With regards

Dear nauhwar
The limit of Rs.8000/- is for the purpose of calculating the compensation payable under the ECAct(formerly WCAct). This is stated in section 4(1-A) of the EC Act. This section gives power to the Central Government to notify the monthly wages for the purposes of Section 4 of the EC Act. The Central Government has notifed that for the purpose of section 4 of the EC Act the monthly wages cannot exceed Rs.8000/-. You please read section 2(dd) of the EC Act. This section is an open ended section in that while defining the term "employee" it does not prescribe the wage limit. Therefore an employee as defined under section 2(dd) of the EC Act irrespective of the monthly wages drawn by him is entititled to get the benefits of the Act. However while calculating the compensation payable the monthly wages of the employee over and above Rs8000/-cannot be reckoned for calculating the compensation payable.
With regards

Mr. V. Harikrishnan,

Sir, Thanks for sharing such important information. In connection to this, I need some information from you.

Under the EC Act, Section 4 (d) " Where temporary disablement, whether total or partial results from the injury a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the workman, to be paid in accordance with the provisions of sub-section (2).

Sub section (2):The half-monthly payment referred to in clause (d) of sub-section (l) shall be payable on the sixteenth day,- (i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more, or (ii) after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter...

Could you please elaborate this with an example? We have an WC policy for the compensation benefits for all our employees, but for Temporary disablement, sometimes it becomes an issue for the compensation through the insurance policies. So I request you to please explain the correct calculation method wrt the section 4(D) with sub section (2), so that I can further put up the concerned cases with insurance for their prompt settelments.

Hoping for a response at the earliest...

Regards,

Atul S Malve

Manager- HR & Admin

Dear sir , please caculate of compantation if salary 8000/- monthly age is 20 years & fitter. THE WORKMAN IS DECLARE DEAD

question 1: The ESI Act section 53 says that a person insured under the ESI or his dependents cannot make a claim under the Employees Compensation Act. Based on this section an employee who is covered by ESI or his dependants cannot claim the compensation underthe Employees Compensation question 2: There is no wage ceiling for inclusion of employees under the Employees Compensation Act. But while calculating the compensation payable under the EC Act, the salary/wage is restricted to Rs.8000/- per month. Please see section 4(I-B). This section gives power to the Central Government to specify the monthly wages of an employee for the purposes of sub section (1) of Section 4. The Central Government had notified the wage as Rs.8ooo/ per month.
question 3:- All the employees who are not covered by the ESI are covered by the Employees Compensation Act.
question 4:- All the employees who are listed in Schedule II to the Employees Compensation Act are covered.
With regrad

Dear sir,
Whether Employees Compensation Act is applicable Employed under Shops and Commercial Establishment Act.?
Please Clarify
Chethan