mr
3 years ago
Contract outsource Labour expired during work,
Principal employer has not issue compansation
CONTRACTOR is having only PF , ESIC, Not any insurance coverage
How death claims to be obtained. And who should responsible for death claim
A.It depends on the CONTRACT Agreement with you & the Principal Employer. If all the site liability is given in written contract then, the Contractor will have to pay the Onsite- Death liability. If Nothing is mentioned in the Agreement then Both of you will have to share the Liability. Also you will have to see if the Safety procedures were followed or not. The Construction Labour Contractor should be aware of Death Insurance Coverage it is hardly Around Rs.2,000/- Per Annum for 5 lakhs. How could he provide the workers without Insurance on construction site. Avoid such Contractors in future they will damage your reputation & finance in long run.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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A.The answer to this question depends on the contract that you signed with the principal employer and if you had this clause putting all the liability on the specific party for death liability.
Suppose you missed to have that clause in the contract then it all depends on the facts and circumstances of the matter.
When the person died where he was and what was he doing? Did he die at the workplace? Depending on these you can arrive at the answer that who should pay.
Suppose you missed to have that clause in the contract then it all depends on the facts and circumstances of the matter.
When the person died where he was and what was he doing? Did he die at the workplace? Depending on these you can arrive at the answer that who should pay.
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A.Both are jointly and severally liable. Approach advocate practicing on labor side.
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