Workmen's Compensation Act: Continuous Service Rule
The Workmen's Compensation Act, 1923, is a key law in India designed to provide compensation to workmen and their families if they suffer injuries or death due to accidents arising out of and in the course of their employment. An important factor in determining compensation eligibility and amount is the concept of continuous service.
Understanding Service Continuity under Section 5
The Explanation provided under Section 5 of the Workmen's Compensation Act, 1923, specifically addresses how to determine if a period of service is continuous. It establishes that service is considered continuous even if there are breaks, provided these breaks meet certain conditions.
The 14-Day Rule for Service Interruption
According to the Explanation to Section 5, a workman's period of service is regarded as continuous if it has NOT been interrupted by any absence from work that exceeds 14 days. If an employee's absence from work lasts longer than 14 days, the continuity of their service is considered broken under this Act.
| Factor Affecting Service Continuity | Condition for Maintaining Continuity (Section 5 Explanation) |
|---|---|
| Absence from Work | Must NOT exceed 14 days |
This specific threshold of 14 days is critical. It helps define the length of employment history relevant for calculating potential compensation claims. Understanding this rule ensures accurate application of the Workmen's Compensation Act, 1923.
Important Questions from Labour Laws
As per Section 7 of the Industrial Dispute Act, 1947, what shall be the constitution of the Labour Court?
As per Section 5 of the Trade Union Act, 1926, every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by which of the following?
As per Section 5 of the Trade Union Act, 1926, when is the statement of asset and liability required at the time of registration?
As per the Industrial Dispute Act, 1947, the appropriate Government may, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in which of the following?
- In the context of physical education and sports, which of the following options best describes occupational hygiene?
