Page 145 - DCOM207_LABOUR_LAWS

Labour Laws

Notes l z Prior to the passing of this Act, the employer was liable to pay compensation only if he was
guilty of negligence.
l z An injured workman may, if he wishes, file a civil suit for damages against the employer.
l z In a civil suit for damages, it is open to the employer to plead all the defences provided by
the law of Torts.

l z Section 8 of the Act provides for the deposit of the compensation before the Commissioner,
as also to the distribution of compensation by the Commissioner.

8.8 Keywords

Compensation: Compensation of employees (CE) is a statistical term used in national accounts,
balance of payments statistics and sometimes in corporate accounts as well.
Defences: The action of defending from or resisting attack.
Employer: A legal entity that controls and directs a servant or worker under an express or
implied contract of employment and pays (or is obligated to pay) him or her salary or wages in
compensation.
Employment: Employment is a contract between two parties, one being the employer and the
other being the employee.
Enforcement: Application of a law or regulation, or carrying out of an executive or judicial
order.
Liability: A company’s legal debts or obligations that arise during the course of business
operations.
Occupational Disease: An occupational disease is any chronic ailment that occurs as a result of
work or occupational activity.
Personal Injury: Personal injury is a legal term for an injury to the body, mind or emotions, as
opposed to an injury to property.
Workmen Compensation: Workers’ compensation is a form of insurance providing wage
replacement and medical benefits to employees injured in the course of employment in exchange
for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of
negligence.
Workmen: A man employed to do manual labour.

8.9 Review Questions

1. Discuss employer’s liability for Compensation.
2. Highlight the notice and claim for Compensation.
3. Describe the power of the State Government to make rules.
4. Explain the Publication of rules.

5. What are the rules made by Central Government to be laid before Parliament?
6. Elucidate the two ways of claiming compensation.
7. Explain the defences of the Employer.
8. Describe the compensation for Permanent Total Disablement.
9. Discuss the compensation for Permanent Partial Disablement.

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