ammendments in labour law

8/7/2019 ammendments in labour law

1/19

Several Amendments in Laws

By:

Pooja Chawla.Sarang Ayachit.


2/19

Employee compensation Act 1923


3/19

Amendment of long title.

In the long title to the Workmen's CompensationAct, 1923 (herein after referred to as theprincipal Act), for the word workmen, theword employees shall be substituted.


4/19

Amendment of preamble.

In the principal Act, in the preamble, for the

word workmen, the wordemployees shall be substituted.


5/19

Amendment of section 1.

In sec. 1 of the principal Act, in sub-section

(1)

, for the word Workmens,the word Employees shall be substituted.


6/19


7/19

Benefits Enhanced compensation limits, fullmedical expenses

reimbursement, case disposal within 3months, etc..&also applicable to casual & clericals.

Theminimum compensation limits on no-fault basis are

increased to Rs.1,20,000 & 1,40,000 (erstwhile limitsbeing Rs. 80,000 & 90,000).

Under the maximum compensation limit, the monthlywage limit of Rs.4,000/ is removed. Hence, themaximum compensation can go UPTO 50% ofTotalMonthly Wages now, irrespective of limits.

Funeral expenses limit extended to Rs.5000 (fromRs.2,500)


8/19

The employee shall be reimbursed the actual (full)

medical expenditure incurred by him for treatment ofinjuries caused during the course of employment.

Empower central govt. to pecifymonthly wages for thepurpose of compensation and enhanceminimum rate ofcompensation from time to time


9/19

Insertion of new section 25A. The Commissioner shall dispose of the matter relating to

compensation under this Act within a period of threemonths from the date of reference and intimate the

decision in respect thereof within the said period to theemployee..


10/19

Employee State Insurance Act 1948.


11/19

Amendments

Enhancing age limit of dependant children for eligibility todependants benefit(21 25)

Extendingmedical benefit to dependantminorbrother/sister in case of not having own family and whoseparents are also not alive

Streamlining the procedure for assessment of dues from

defaulting employers

Providing an Appellate Authority within the Corporationagainst assessment to avoid unnecessary litigation


12/19

Streamlining the procedure for grant of exemptions

third partyparticipation in commissioning andrunning of the Hospitals

Opening ofmedical /dental /paramedical/ nursingcolleges to improve quality ofmedical care

empowering the State Govts. to set upautonomousorganizations for administeringmedical benefit.

This provision may be brought to the notice ofconcerned authorities in the state. Necessarymodel

Bill & rules for setting up ofsuch Corporations will besent to the State Govts. separately.


13/19

Treating commuting accidents as employment

injuryA newSec. 51-Ehas been inserted as a result of which anaccident occurring to an employee while commuting fromhis residence to the place of employment for duty or vice-versa shall be treated as employment injuryif nexusbetween the circumstances, time and place in whichaccident occurred and the employment is established.

Empowering State governments to set up autonomous

Corporations for administering medical benefit in theStates for bringing autonomy and efficiency in the working.

Continuingmedical benefit to insured persons retiringunder VRS scheme or taking premature retirement


14/19

As a result of amendment in Sec.1 (5) of the Act, the notice

period for extending the scheme to new sectors ofemployment by the 'appropriate government have beenreduced from existing sixmonths to one month.

Youmay bring this to the notice of the State Government

and in case the final notification for extending the scheme toeducational and medical institutions in the State is pending,youmay request the state government to issue the finalnotification in case one month period after issue of intentionnotification is over.


15/19

With the amendment in Sec.2 (9) of the Act,

the apprentices appointed under the Standing orders of theestablishment who were earlier excluded from coverage havenow become coverable. Necessary instructionsmay be issuedto Branch Officers of Revenue Branches and Social SecurityOfficers to ensure coverage of all such persons.

Making an enabling provision for extendingmedical care toother beneficiaries against payment of user charges tofacilitate providing ofmedical care from under-utilised ESI

Hospitals to the BPL families covered under the RashtriyaSwasthaya Bima Yojana introduced by the Ministry of Labor& Employment w.e.f.1-4-2008. Reducing duration of noticeperiod for extension of the Act to new classes ofestablishments fromsix months to one month.


16/19

Maternity Benefit Act 1961


17/19

It extends to whole ofIndia

The words except J & K have been omitted by Central

Labour laws

In definition of Appropriate Government thepersons employed for the exhibition of equestrian,acrobatic & other performances have been added

In definition of Establishment a shop orestablishmentare inserted by Maternity Benefit Act1995,w.e.f. 1-2-1996


18/19

Right To Payment For Maternity Benefit

The woman should have worked in the establishment of theemployer from whom she is claiming benefit, for a period ofnot less than 160 days in the 12 months immediatelypreceding the date of her expected delivery

The no. of days have changed from 80 to 160

Payment of Medical BonusThe amount has been changed from 1000 Rs. To 2500, if noprenatal & post natal care is provided by the employer free

of charge.


19/19

Documents

ammendments in labour law