The term "employee" under Employees Compensation Act, 1923 does not in

The term “employee” under Employees Compensation Act, 1923 does not include :

A captain or other member of the crew of an aircraft

A person recruited as driver, helper, cleaner in connection with a motor vehicle

Any person working in the capacity of a member of the Armed Forces

A person recruited for work abroad by a company

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This question was previously asked in

UPSC CISF-AC-EXE – 2023

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The Employees Compensation Act, 1923 (formerly known as the Workmen’s Compensation Act, 1923) applies to employees in certain hazardous employments. Section 2(1)(dd) read with Schedule II defines who is included as an ’employee’. However, certain categories are typically excluded. Members of the Armed Forces of the Union are generally excluded from the purview of civilian labour laws, including the Employees Compensation Act, as they are governed by their own specific service rules and acts.

– The Act provides for compensation to employees and their dependants in case of injury or death arising out of and in the course of employment.
– Certain categories of persons are explicitly excluded from the definition of ’employee’ under the Act.
– Members of the Armed Forces are a common exclusion from such civilian labour laws.

Persons covered under the Act include those engaged in factories, mines, plantations, construction work, motor transport undertakings, aircraft crew, seamen, etc., as listed in Schedule II. The Act does not apply to employees covered by the Employees’ State Insurance Act, 1948.

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