The Work Man Compensation Act

1. D.M.GIMARA
Madhushani
TC/is/2011/MS/13
Trincomalee Campus Eatern

2. Labour legislation implies a cluster of labour
enactments by government from time to time
covering labour issues .
In the absence of proper labour
adjudication working class will
be subjected to blatant
exploitation by employers.
Labour legislation provides an umbrella cover
against labour exploitation.
History of labour legislation in India can be tracked back to
the regim of British colonialism.

3. This is the pioneer legislative in India.
The act provides a moderate social security to
workmen as a humanitarian.
Under the act a workman,
in a case of injury
in a case of his death
his dependent is eligible to receive compensation
in lump-sum as a valid cost of production similar
to the cost of repair or replacement of machine.

4. Employer will not liable
compensate When death Or Injury
occurs,
Due to willful disobedience
of the workmen of a
valid order
Or
Rule framed by employer
to secure his safety.
Influence of alcohol or
drugs

5. • Employer eligible to
compensate when death or
injury should have
occurred,
“arising out ”
And
“in the course of
employment”.

6. Compensation calculated on basis of
minimum wages prescribe by the industry
or establishment at the time casualty
occurred.
Casual workmen not covered by the Act.
However in the amendment in the
year 2000 causal worker as a
workman.

7. Act intendsprovide for,
-the registration of trade union
and
-to define the low relating to resisted
trade union.

8. permanent ,formed primarily for
Trade union means ,
“any combination, whether temporary or
the purpose of regulating the relations
between workmen and employers
or
between workmen and workmen
or
between employers and employers
enforcing restrictive conditions on the conduct of any trade or businessman
include any federation of two or more trade unions ”

9. The Act facilitates unionization both in
the organize and unorganized sectors.
Though this Act freedom of
association is realized .

10. The act regulate :
The frequency and
mode of payment of
wages
Levying fines
Making deduction from
wages of workers .

11. Proscribe
unauthorized
or arbitratary
deduction
It ensure the corr.ect and
timely payment of
wages.

12. wag
e
Basic
pay
Productio
n
incentive
Other
allowance
s
Dearnes
s
allowance
s

13. Wages are payable before the seventh or tenth or
every month accordingly as the factory
establishment .
Wages payable to dismiss or discharged employee
must be paid within two days of the termination.
Wages deducted for absence of duty
-If such absent must be from employees own
violation And not
-Due to any act of employer such as layoff,
lockout or closure.

14. The objective the
enactment is to
provide for weekly
holidays to certain
category of
employees working in
restaurant ,shops,
theaters.
The Act provides for
granting one paid holiday
in a week of
seven days for every
person employed in

15. No deduction of
wages shall be
made in respect
of weekly
holidays
A person employed
in confidential
capacity or in a
position of
management shall
not be covered

16. The provision shall not be apply to any
person whose total paid employment in the
employment including authorized leave ,is
less than six days.
In each week additional holiday of one and
half- day shall be granted in each way.
The Act ensure that workers 'personal life
must not be suffered due to
compulsions ofhis work site .