Question
Under Chapter VII (Employees' Compensation) of the Code
on Social Security, 2020, which of the following categories of workers is NOT entitled to compensation for injury arising out of and in the course of employment?Solution
Chapter VII of the Code on Social Security, 2020 re-enacts the provisions of the earlier Employees' Compensation Act, 1923, extending statutory compensation rights to workers for injuries, occupational diseases, and death arising out of and in the course of employment. However, the Code expressly excludes casual employees who are employed otherwise than for the purposes of the employer's trade or business such as a domestic worker employed temporarily for a personal purpose unconnected with any commercial activity. The compensation payable varies based on the nature of injury: (i) for accidental death, the compensation is 50% of monthly wages multiplied by the relevant factor (based on age), subject to a minimum of ₹1,20,000; (ii) for permanent total disablement, it is 60% of monthly wages multiplied by the relevant factor, with a minimum of ₹1,40,000; and (iii) for temporary disablement exceeding 3 days, it is 25% of monthly wages paid half-monthly. Compensation under the Code is administered by a Commissioner for Employees' Compensation appointed by the appropriate Government, and appeals from the Commissioner's orders lie to the High Court.
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