Hrm Workmens Act Team2

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  • Hrm Workmens Act Team2

    1. 1. Workmen’s Compensation Act, 1923 Team 2 Jisha & Amitabh
    2. 2. Object & Scope <ul><li>Enacted in 1923 . </li></ul><ul><li>A social security legislation. </li></ul><ul><li>Imposes statutory liability upon an employer to discharge his moral obligation towards his employees when they suffer from physical disabilities and diseases during the course of employment in hazardous working conditions. </li></ul><ul><li>Also seeks to help the dependants of the workmen . </li></ul><ul><li>Provides for cheaper and quicker mode of disposal of disputes relating to compensation through special proceedings than possible under the civil law. </li></ul><ul><li>Extends to the whole of India. </li></ul>
    3. 3. Employers’ Liability for Compensation <ul><li>In the case of : </li></ul><ul><ul><li>Occupational disease </li></ul></ul><ul><ul><li>Personal injury or death </li></ul></ul>
    4. 4. Occupational Disease <ul><ul><li>The employer is liable even when the disease was contracted after the workman ceased to be in the service of the employer, if such disease arose out of the employment . </li></ul></ul><ul><ul><li>Where the employment was under more than one employer , all such employers shall be liable for the payment of the compensation in such proportion as the Commissioner may in circumstances deem just. </li></ul></ul>
    5. 5. Personal Injury <ul><li>Injury  Physical or bodily injury. </li></ul><ul><ul><li>  Nervous breakdown. </li></ul></ul><ul><ul><li>EXAMPLE: </li></ul></ul><ul><ul><li>Mr. Lazarus, an electrician working for Indian News Chronicle (1961)  Pneumonia. </li></ul></ul>
    6. 6. Personal Injury (Contd.) <ul><li>ACCIDENT  a mishap or an untoward event which is not expected or designed. </li></ul><ul><ul><li>EXAMPLE: </li></ul></ul><ul><ul><li>A workman falls from the ladder and suffers injuries. </li></ul></ul>
    7. 7. ???? <ul><li>Was it a part of the injured persons employment to hazard, to suffer or to do that which caused his injury? </li></ul><ul><li>YES  the accident arose out of his employment. </li></ul><ul><li>NO  it did not. </li></ul>
    8. 8. Theory of notional extension of employment <ul><li>A workman returning home after duty was murdered within the premises of the employer. (1920, Lodhne Colliery) </li></ul><ul><li>His wife Naima Bibi was entitled to Compensation. </li></ul>
    9. 9. When employer is not liable? <ul><li>When the injury does not result in disablement beyond a period of 3 days. </li></ul><ul><li>When the injury is due to: </li></ul><ul><ul><li>The workman being under the influence of drink or drugs. </li></ul></ul><ul><ul><li>The workman willfully disobeying any order given, or rule framed. </li></ul></ul><ul><ul><li>The workman willfully disregarding or removing any safety guards or safety devices. </li></ul></ul>
    10. 10. Claiming compensation <ul><li>Amount of compensation is not dependent on the suffering or expenses incurred by the workman but on the difference between his wage earning capacity before and after the accident. </li></ul><ul><li>The compensation can be claimed by </li></ul><ul><ul><li>In case of injury – the workman himself. </li></ul></ul><ul><ul><li>In case of injury resulting in death – his dependants. </li></ul></ul>
    11. 11. Reference: <ul><li>ECONOMIC, LABOUR AND </li></ul><ul><li>INDUSTRIAL LAWS… </li></ul><ul><li>Directorate of Studies & Research, The institute of Company Secretaries of India. </li></ul>
    12. 12. THANK YOU
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