英文工人薪酬管理规范WORKMEN’S COMPENSATION TARIFF.doc

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1、WORKMENS COMPENSATION TARIFFGENERAL REGULATIONSApplication of Tariff1.This tariff applies to all policies issued to Employers to provide compensation to their Employees in respect of accidents and diseases of occupation, whether or not such employees come within the scope of the Workmens Compensatio

2、n Act, 1923, and subsequent amendments thereto. Any risk, or any part thereof, for which a rate is not provided in the tariff, must be submitted to appropriate Reg.Offices who fix the Tariff rate for such risks.Liability covered2.The Tariff provides for two forms of insurance viz :-Table A -Indemnit

3、y against legal liability to all employees (whether ornot coming within the definition of the term Workmen) underthe W.C.Act 1923 and subsequent amendment to the said Actprior to the date of issue of the policy, the Fatal AccidentsAct, 1855 and at Common Law.”Table B -Indemnity against legal liabili

4、ty under the Fatal AccidentsAct, 1855 and Common Law. (Table B policies may notbe issued to cover employees who fall within the definitionof “Workmen” under the Workmens Compensation Act,1923 as amended).No Policy is to be issued to cover liability in excess of that provided by the Tariff forms of P

5、olicies and Endorsements unless specifically authorised.3.(a)No policy is to be issued which covers only a portion of the legal liability except in the case of Insurances (i) to coverfatal accidents only in Coal Mines; (ii) in respect of riskssituated in Karnataka State whereunder no liability is to

6、 beassumed in respect of Miners Phthisis or Silicosis under theMysore Workmens Compensation Regulation.All Employees to be included:(b)When table “A” policy is issued all employees coming withinthe provision of the WC Act 1923 and subsequent amendmentsby the said Act must be included. In the case of

7、 employeesin Private employee a policy may be issued covering any class of servants for which separate rates are fixed provided thatclass are included in the policy.N.B.1In the case of public Bodies and/or Muncipalities, it is, however, permissible to insure complete Sections or Units thereof separa

8、tely as individual risks, such as Power Houses, Water Works, Gas Works, Transport Service, Sewage, etc. provided all the employees who are entitled to the benefits of the Workmens Compensation Act, 1923, of the Department or Unit concerned are included under the terms of any Policy issued in respect

9、 thereof.N.B.2In the case of risk coming under the purview of the Employees State Insurance Act 1948 it is however permissible to issue separate Table “B” Workmens Compensation Policies covering those members of the staff, who are not “employees” within the meaning of that Act, provided all such emp

10、loyees in the Insureds service are included therein.Note 1:-The above Regulation does not however, prohibit the issue of joint or separate policies by two or more Insurers sharing the insurance of a risk as Co-Insurers, provided alwasys that the entire legal liability in respect of the risk is fully

11、 covered, reimbursement by the insurers being limited to their agreed proportions, and the period of cover under the joint or different policies is concurrent.Note 2:-In the event of non-renewal of any of the policies, or alteration in the terms of cover granted under any of the policies all insurer

12、s sharing the risk must be advised by the leading Office.Terms of Insurance: 4.(a)All policies are to be issued for 12 months except that;(1) Policies may be issued for a period in excess of 12 months where an additional odd period is required to make a policy renewable on a particular date to meet

13、the convenience of the Insured.(2) Policies may be issued for a period less than 12 months in cases of specific contracts or work which will be completed in less than 12 months provided policies be written for the full period involved.All premiums must be paid in advance for the full term of the Pol

14、icy.Accepting or agreeing to accept of premiums by instalments is not permitted.Cancellation:(b)No refund may be granted for the cancelment of annual Policiesunless the policies are cancelled by the Company as providedunder Policy Condition No.7(This Regulation does not affect the provision in Polic

15、y Condition No.6 for adjustment of premium at the normal termination of any period of insurance or at the termination of the work which was the subject of Insurance.)5.The rate quoted in this Tariff are in rupees per mille except in certain cases which are rated per capita and apply to Table “A” pol

16、icies. Except in cases which are rated per capita the premium must be calculated at the book rate on the total earnings (see Regulation No.7 ) upto Rs.12000/-per annum and for the excess amount premium shall be calculated at 61/4% of the book rate subject to minimum rate of Rs.2/- per mille per annu

17、m or if not engaged in manual labour and provided all such employees are included at a minimum rate of 1.20 per mille per annum.The rates in this tariff are based on the benefits of the Ordinances and Common Law Damages in this country. Tariff Insurers, when dealing with the rating of risks where be

18、cause of the nationality of the employers or the employees Common Law claims may be brought in countries other than that to which the Tariff relates, should have regard to the amount of damages likely to be awarded in those countries and to the costs involved in handling such extra territorial claim

19、s.Occupational diseases listed in Part “C” schedule III to W.C. Amendment Bill 1989 may also be covered under the W.C. Policy at an additional premium of 50% of the book rate.Minimum Premiums 6.Except in the case of Domestic Servants insurances for which the minimum premium is Rs.10/- and except whe

20、re otherwise provided, no Policy is to be issued at premium less than Rs.20/- or the rate per mille or the particular risk, whichever is the greater, provided that :-(a)In the case of a risk including more than one rate, for the trade (or where more than one trade is carried on the ratefor the more

21、highly rated trade) is to be the minimum premium but in no case shall such minimum premium be less than Rs.30/-.(b)In all trade where wood working machinery is used theminimum premium is to be the rate per mille for wood-workingmachinists or the rate for the trade, whichever is the higher.(c)The min

22、imum premiums apply to a year or any less periodfor which the insurance is granted, and when a policy is issued for a minimum premium the fact must be expressedon the face of the Policy or by Endorsement.Earnings, Wages and Salaries7.The terms Earnings, Wages and Salaries shall mean the employees to

23、tal remuneration paid or fallen due for payment including overtime, value of board and/or lodging, housing accommodation bonuses and all other perquisites privileges or benefits in kind or money, received by the employees from the employer in connection with their employment which are capable of bei

24、ng estimated in money. These terms do not however include any travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entitled on him by the natur

25、e of his employment.No deductions shall be made in respect of any contributions paid by employees in connection with pension or provident funds or of income tax deducted at source.Board and lodgingWhen provided by the employer board and lodging must be assessed at its fair value but at not less than

26、 20% of the basic pay plus dearness allowance, bonus and other allowances excluding overtime wages, unless specially authorised by the Committee.Board only or lodging only must be assessed at its fair value but at not less than 10 percent of the basic pay plus dearness allowance bonus and other allo

27、wances excluding overtime wages, unless specially authoriesed by the Committee.Clerical Staff and Commercial Travellers9.Clerical staff and Commercial Travellers risks are to be extracted from the general trade risk and rated according to Tariff.Wages Adjustment.10.It is not permissible to agree to

28、forego declaration of wages upon the Tariff wages, Adjustment Statement due at the end of each period of insurance for the purpose of premium adjustment.All-round Rates:11.The mark + signifies that rate is an all-round one to be applied to the earnings of employees except the following who are to be

29、 rated at their book rates instead of at the trade rate:-Clerical Staff - See also regulation No.9Commercial Travellers - See also Regulation No.9Woodworking Machinists - See also Regultion No.13Lift Attendants:Employees engaged in Delivery i.e. employees engaged in delivering by hand, hand craft, c

30、ycle horse, horsedriven vehicle or motor vehicle of any description but excluding loading and unloading craft or vessles; and Motor Drivers as provided for by Regulation No.15N.B. It is most important that employees in the occupations mentioned above be rated as provided for.If Insurers are of the o

31、pinion that Woodworking Machinists, Lift Attendants, Commercial Travellers or employees engaged in Delivery may be employed and the Insured has not made separate provision for them, Endorsmenet 5,9, 10 or 11 (as the case may be) should be inserted in policies.Occupations comprising more than one ris

32、k12.For occupations marked * comprising more than one risk for which separate rates are fixed, each carried on by separate staff in separate building or separate portions of the same building the wages may be stated separately, and each portion of the risk rated according to schedule, otherwise the

33、highest rate applicable must be charged on the total wages. In such cases, however, where this ruling cannot be applied on account of the temporary character of the work, and the employer will make a separate estimate and will undertake to keep a separate account of the wages paid in respect of any

34、special class of work not usually undertaken by him, the premium may be calculated upon such special of Wages at the Tariff rate.Wood Working Machinists 13.In every description of risk. where Wood-working Machinists are employed the Tariff rate of Rs.30.15 per mille for such employees must be applie

35、d, where or not there is a Wood-working Machinists rating in the Rate Book for the trade in question and such rate must be applied amended vide TAC Circular WC/GEN-1 dt.20.3.55 all employees whether wholly or partially engaged with wood-working machinery.The term “Wood-working Machinists” means and

36、their labourers engaged in connection with wood working machinery driven by steam, gas water electricity or other mechanical power.14.Deleted.Drivers and Attendants of Private Cars, Commercial Motors Vehicles & Motor Cycles15.Where not otherwise provided for in the Tariff, Drivers and Attendants of

37、Private Cars, Commercial Motor Vehicles and Motor Vehicles are to be rated at the general rate for the trade (see also regulation No.11)Insureds liability for Contractors Employees16.It is permissible to include the risk of the Insured in respect of the employees of Contractors at a premium calculat

38、ed at the Tariff rate for the work contracted for and charged.i)In cases in which the contract is for labour only, upon the totalamount of the contract;ii)In cases in which the contract is for labour and materialupon a percentage of the full contract price to be determinedupon the merits of the case

39、, such percentage in no case to be less than 75 per cent of such contract price;iii)In cases in which the contract is for labour material andequipment upon a percentage of the full contract priceto be determined upon the merits of the case, such percentage in non case to be less than 50 percent of s

40、uchcontract price.but where the insured is able to furnish a return of the actual wages Endorsement No.179 must be used in these cases.N.B.Tariff insurers must submit detail of contracts falling under (iii) above to the Sub Committee for consideration.Joint Policies:17.Joint Policies may be issued i

41、ndemnifying more than one person or firm in respect of the same employees engaged upon a particular job for an additional premium of 25% which may be modified or waived in the following circumstances:-(a)Where an Insurance is required in the names of a Parent Companyand its subsidiary and/or Associa

42、ted Companies, a Joint Policymay be issued without additional premium.(b)Where one of the parties is a Public Authority or GovernementDepartment, a Joint Policy may be issued without additionalpremium.(c)As otherwise authorised by the Sub-Committee.Indemnity to Principals18.Insurances may be extende

43、d in terms of Endorsement No.140 without additional charge.Warehouses19.Where a warehouse or godown forms part of the premises in which manufacturing processes are carried on by the Insured, the rate for the manufacturing risk must be applied also to his warehouse employees unless otherwise provided

44、 for in the Tariff.In connection with warehouse risks subject to Endorsement No.131 or 230 whre it is warranted by the Insured that “no vessel are or will be loaded or unloaded by his employees at his warehouse situated at .” the words and/or on dock quayside or whraf” in these Endorsments may be de

45、leted.Endorsement No.333 must be used in thse cases.Endorsements20The endorsements indicated against the printed rate must be placed on all Policies issued at the rate.Occassional Domestic Labour21.Common Law Liability for accidents to occasional domestic labour in connection with the house, garden

46、or stable (but not stables or motor cars unless permanent employees in connection therewith are insured) may be covered for an additional premium of 25 per cent, of the premium charged for the per manent servants.If the risk of occassional labour in connection with motor cars is excluded from the po

47、licy the additional premium may be based on the premium charged for the permanent servants excluding those employed in connection with motor cars.When no permanent servants are employed the charge for occasional domestic labour as above described must be a minimum of Rs.10/- to cover legal liability only.Occasional domestic labour shall not be deemed to include a person employed regularly for more than two days a week or persons employed continously for more than two months. Servan