My company “Sachin Chemical Ltd” having 5 units in different states of India. All are covered under PF ESIC Act. All units having its own different registration under both acts. Now our management is going to start a new Unit under same name in UP state. My query is that is this unit is automatically covered under PF/ESI Act?
Notables:
1. This new unit not having 20 or more employees.
2. Area in which Unit is established covered under ESIC .
3. Production not yet started.
Kindly give your valuable guidance please.
Regards
S.Hussain
From India, Jaipur
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6Notables:
1. This new unit not having 20 or more employees.
2. Area in which Unit is established covered under ESIC .
3. Production not yet started.
Kindly give your valuable guidance please.
Regards
S.Hussain
From India, Jaipur
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It is automatically covered.
PF Act says - same of company established different areas - u can pay the PF single code only just give the intimation to PF and when pf is not satisfy, they will give the sub code particular area.
same like ESI also
From India, Hyderabad
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PF Act says - same of company established different areas - u can pay the PF single code only just give the intimation to PF and when pf is not satisfy, they will give the sub code particular area.
same like ESI also
From India, Hyderabad
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Sinc eproduction has not yet started, it need not be covered till then and once production starts, you need to cover it under P.F and ESI. B.saikumar Hr & Labour law advisor Mumbai
From India, Mumbai
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From India, Mumbai
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Hello Hussain,
You are just opening the branch of your company and not a different company itself, so company policies and procedures will be the same. Otherwise, the particular state legislations are opposed to it. Hence, PF or ESI codes will be the same, but the special provisions, if any, need to be observed. Then you shall, according to them so for this reason, you may get a sub-code, as cleared by Sarma KPK, above.
From India, Bangalore
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You are just opening the branch of your company and not a different company itself, so company policies and procedures will be the same. Otherwise, the particular state legislations are opposed to it. Hence, PF or ESI codes will be the same, but the special provisions, if any, need to be observed. Then you shall, according to them so for this reason, you may get a sub-code, as cleared by Sarma KPK, above.
From India, Bangalore
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Hi Shaukat Hussain,
It does not matter whether production has started or not. Once the main unit is covered (i.e., the Mother unit is covered), its branch should also be covered automatically. Even if it operates under a different name, it will be considered as part and parcel of the main unit. Therefore, both ESI and EPF must be eligible and covered.
With regards,
V. Subbarao
9841103098
From India, Madras
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It does not matter whether production has started or not. Once the main unit is covered (i.e., the Mother unit is covered), its branch should also be covered automatically. Even if it operates under a different name, it will be considered as part and parcel of the main unit. Therefore, both ESI and EPF must be eligible and covered.
With regards,
V. Subbarao
9841103098
From India, Madras
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Dear Sir,
Our Head & registered office was previously located in Tamil Nadu, but now both are in Bangalore. We have initiated PF and ESI processes in Tamil Nadu; currently, ESI only has sub-codes designated by District and State.
We are now considering shifting PF from Tamil Nadu to Bangalore. If this is not feasible, could you please advise on the appropriate procedure to follow?
Kindly advise.
From India, Bangalore
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Our Head & registered office was previously located in Tamil Nadu, but now both are in Bangalore. We have initiated PF and ESI processes in Tamil Nadu; currently, ESI only has sub-codes designated by District and State.
We are now considering shifting PF from Tamil Nadu to Bangalore. If this is not feasible, could you please advise on the appropriate procedure to follow?
Kindly advise.
From India, Bangalore
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The language of Sec.1, which states that the P.F. Act is applicable to an establishment 'engaged' in industry, and the definition of 'Employee' under Sec 2(f), which defines an employee as a person 'employed for wages in any kind of work of the establishment or in any kind of work connected with that of the establishment,' presupposes that a premises to be called an establishment shall have a business or production activity to be carried on. It is not the object of the P.F. Act to cover a bare premises where no work nor production has started and no employees have been recruited, as much as it does not cover an establishment which is closed or where the business activity or production activity comes to an end.
The object of the P.F. Act is to cover persons employed in the work of the establishment. It is altogether a different issue if you have employed persons to do some work preliminary or incidental to the production. But the details furnished by you do not indicate anything to this effect.
B. Saikumar
HR & Labour Law Advisor
Mumbai.
From India, Mumbai
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The object of the P.F. Act is to cover persons employed in the work of the establishment. It is altogether a different issue if you have employed persons to do some work preliminary or incidental to the production. But the details furnished by you do not indicate anything to this effect.
B. Saikumar
HR & Labour Law Advisor
Mumbai.
From India, Mumbai
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B.Saikumarji, If any company wishes to certiffy it’s standing order wheter it is required to give notice to workers for change in working conditions. Mangesh Wakodkar Aurangabad
From India, Pune
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From India, Pune
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Mr. Mangesh,
No, if the company wishes to get its standing orders certified or intends to modify the standing orders, then it has to follow the procedure laid down under Section 8 and Section 10 of the Standing Orders Act 1946. The question of issuing a notice of change arises only when the company is changing any existing service condition of the workmen, like altering a holiday or withdrawing a benefit hitherto enjoyed by them for a long time, etc.
B. Saikumar
Mumbai
From India, Mumbai
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No, if the company wishes to get its standing orders certified or intends to modify the standing orders, then it has to follow the procedure laid down under Section 8 and Section 10 of the Standing Orders Act 1946. The question of issuing a notice of change arises only when the company is changing any existing service condition of the workmen, like altering a holiday or withdrawing a benefit hitherto enjoyed by them for a long time, etc.
B. Saikumar
Mumbai
From India, Mumbai
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Respected Seniors,
I have a query regarding the company that has branches in different states. It would be great if I could seek your guidance on what PF rules would be applied to that company and its branches and if I could know where in the PF Act I can locate them.
Regards,
Parul Sharma
From India, Jaipur
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I have a query regarding the company that has branches in different states. It would be great if I could seek your guidance on what PF rules would be applied to that company and its branches and if I could know where in the PF Act I can locate them.
Regards,
Parul Sharma
From India, Jaipur
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PF ESIC.xls
Employees' PF Appellate Tribunal Procedure Rules 1997.pdf