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IF A EMPLOYEE IS COVERED UNDER WORKMEN COMPENSATION ACT
1923 THEN ESI IS APPLICABLE ON HIM OR NOT?
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Answer / tejbhan. k bhagtani
YES,BUT WORKMEN CANNOT CLAIM COMPEMSATION UNDER BOTH ACT AS
SECTION 53 OF ESI ACT THERE IS BAR AGAINST RECEVING OR
RECOVERY OF COMPENSATION OR DAMAGES UNDER ANY OTHER LAW.
BOTH THE ACT PROVIDES FOR COMPENSATION TO A WORKMEN /
EMPLOYEE FOR ANY INJURY SUSTAINED DURING THE COURSE OF
EMPLOYMENT.
| Is This Answer Correct ? | 15 Yes | 5 No |
Answer / navin kapoor
I feel NO.Because there is no limitation of area of operation and applicability if employer take WC policy from any insurance company whereas in ESI you have two type of limitations...Firstly there are fewer hospitals of ESI not covering all the area where various establishments/factories are situated. Secondly there is a upper limit on employee rather worker's wages for becoming a ESI contributor and beneficiary.(It is 10000/-or 15000/- Rupees P.M.).
In certain cases like a contractor who do not have any premises and work at other establishment/factory premises should take WC policy of his own and as an alternate can use Principal employer's ESI sub code to cover contractor's workmen.
Fact of the matter is that there are numerous acts for single purposes and it is total chaos created by the bureaucrat/politicians.
| Is This Answer Correct ? | 3 Yes | 0 No |
up to how much pay of employee ESI IS APPLICABLE
I am worrking tcs for last 1.8 years.I took leave from april due to health problem arise during my first pregnancy.They approve my leave till may 15,2012.after that i spoke to hr saying my siuation and they ask me to wait to get approve leave till my delivery(nov 2012).Aguest first week i got call from another team from tcs and they doesn't accept my condition.they are force me to send resign letter to the hr.Now they ask me Rs 120000 for final settlement.I dont know what.I agree to pay my bond amount rs 50000 + i month basic pay.They are therd me.Please answer as soon as possible
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