Login

Sign Up

Create an account to access the Law Library, all latest notifications, Minimum Wages & other events.

+91-99910 53587 connect@comply4hr.com
Enquire
Sign In
HOMEMain Page
eDoc vCheck eCheck
Acts & Rules Ready Reckoner Compliance Calendar Checklists Register Formats Notices & Abstracts Return Formats Registerations FAQ's
MINIMUM WAGESLatest State-wise MW
UPDATESLatest Notification
About C4HR Leadership

Employees Compensation Act

Section:12 :Compensation To Contract Employees

Obligation : To deposit any compensation due under the Act to employees hired through a contractor

Type:Trigger Frequency: Quarterly

Action to be taken:
In case an employee hired through a contractor suffers injury, death or disease out of and in the course of employment at the place of work, to deposit any compensation payable under the Act with the Commissioner and recover the same from the Contractor later

Audit Requirement:
Has any compensation due under the Act to employees hired through a contractor been deposited immediately with the commissioner ?

Supporting Documents:
Details of any such case

Related Triggers:
Injury, Disease or Death of a Contract Employee
Workmans Compensation Claim

Related Keywords:
Accident
Contract Labour
Contractors
Workmens Compensation

Related Sections:
Employees Compensation Act, 1923
Chapter:Employees Compensation| 12:Contracting:
(1) Where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any employee employed in the execution of the work any compensation which he would have been liable to pay if that employee had been immediately employed by him ; and where compensation is claimed from the principal, this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed.

(2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the employee could have recovered compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the Commissioner.

(3) Nothing in this section shall be construed as preventing a employee from recovering compensation from the contractor instead of the principal.

(4) This section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management.