Workmen Compensation Act, 1923 and Minimum Wages Act, 1948

Workmen Compensation Act, 1923:

 The Workmen Compensation Act, 1923 came into force on the first day of July, 1924. This Act is divided into four chapters and 36 sections. The important definitions under this Act are:

•Compensation: compensation means compensation paid under this act.

•Minor: minor means a person who has not attained the age of 18 years.

Objectives:

The Workmen Compensation Act, 1923 aims to provide relief to workers and/ or their dependants in case of an accident or the death of the workers. The object is that if an employee or worker dies during the course of employment or while undertaking or performing his duty, his family or dependents should be provided relief in monetary terms so that their livelihood is not affected. The relief is also provided in the case of disablement.

Scope and major provision:

The Workmen Compensation Act, 1923 extends to the whole of India. There was an amendment in the year 2000, wherein all the workers were brought in the ambit of The Workmen Compensation Act, irrespective of the nature of the job for which they were employed.

Hence, with the amendment, the workers employed on a casual basis or otherwise than for the purpose of employer trade or business are covered in the sphere of The Workmen Compensation Act.

The employees, including those employed through the labour contractor or otherwise, who suffer any inquiry that makes them disabled or incapable for earning the similar income or in other words, reduces their earning capacity are entitled for compensation.

The employer covered under this Act shall be liable to compensate the workers, who have suffered an accident in the course of the employment, causing:

• Death: Death clause is applicable when the employee or worker dies on the account of the accident.

• Permanent total disablement: This applies when the earning capacity of the worker is lost permanently.

• Temporary disablement: This applies when the earning capacity of the worker is lost for a certain period.

• Permanent partial disablement: Permanent partial disablement takes place when the earning capacity of the worker is reduced.

Minimum Wages Act, 1948:

The Minimum Wages Act, 1948 ensures that workers and employees earn wages that are sufficient to earn their livelihood. The act is divided into 31 sections. Some important decisions under this act are:

Adolescent means a person who has completed the age of 14 years but has not completed 18 years of age.

Adult means a person who has completed 18 years of age.

Objectives:

The Minimum Wages Act, 1948 is an act that protects the interest of workers; the wages of workers are fixed as per the norms prescribed by the fair wage committee. It is an act that sets the Minimum Wages that are to be paid to skilled and unskilled labourers.

Scope and major provisions:

The Minimum Wages Act is applicable all over India and ensures that wages are sufficient for the sustenance of workers. This act specifies the Minimum Wages rate on a per day basis, the revision of the Minimum Wages takes place on the basis of the cost of living index.

The state and central governments have power to fix and revise the Minimum Wages. There are two methods of fixing the Minimum Wages:

Committee methods: Under this method, a committee is appointed to make recommendations and requires.

Notification methods: Under this method, the rate of Minimum Wage is notified in the official Gazette.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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