Dear Friends,
Can anyone please provide information on the following:
1. Is ESI covered for any part-time employee? For example, a physiotherapist who works for 2 hours Monday to Friday. Is their wage fixed based on the total number of working hours in a month or paid on a per-session basis? (Note: The payment is made on a monthly basis.)
2. Is ESI covered for any trainee (unskilled) under 18 years working in an Age Care unit (an NGO)?
Your response will be highly appreciated.
Paul
From India, Bangalore
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Can anyone please provide information on the following:
1. Is ESI covered for any part-time employee? For example, a physiotherapist who works for 2 hours Monday to Friday. Is their wage fixed based on the total number of working hours in a month or paid on a per-session basis? (Note: The payment is made on a monthly basis.)
2. Is ESI covered for any trainee (unskilled) under 18 years working in an Age Care unit (an NGO)?
Your response will be highly appreciated.
Paul
From India, Bangalore
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No - No ESIC for part-time. Below 18, employment is illegal.
From India, Mumbai
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94From India, Mumbai
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Hi,
As per a judgment by the Supreme Court in 2016, employment of a casual nature or where an employee is employed for part of the wage period will be covered by ESIC. Therefore, part-time employees will be covered under ESIC. For more information, please refer to the following link: [Supreme Court holds casual workers are covered under ESI Act](http://bombaychamber.com/newsdetail.html?news=80). The judgment is also available on the page.
From India, Mumbai
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As per a judgment by the Supreme Court in 2016, employment of a casual nature or where an employee is employed for part of the wage period will be covered by ESIC. Therefore, part-time employees will be covered under ESIC. For more information, please refer to the following link: [Supreme Court holds casual workers are covered under ESI Act](http://bombaychamber.com/newsdetail.html?news=80). The judgment is also available on the page.
From India, Mumbai
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Dear Paul,
Is your establishment covered under ESI? Is the name of the workmen listed in your muster roll? If your answer to both is Yes, then the concerned individuals are covered under ESI. Do not employ anyone under the age of 18.
From India, Mumbai
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Is your establishment covered under ESI? Is the name of the workmen listed in your muster roll? If your answer to both is Yes, then the concerned individuals are covered under ESI. Do not employ anyone under the age of 18.
From India, Mumbai
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There is nothing illegal in hiring a person above 14 years of age and engaging in any work which is not hazardous. The Factories Act also permits adolescents to work in factories subject to certain conditions regarding hours of work, overtime working, etc. The main hurdle that employers face with such employment is that they may not be able to enforce a contract with such a person since they are not competent to contract. This is why when taking apprentices under the Apprentice Act, a contract is entered into with the parents of the apprentices who are minors. Therefore, I feel that there is nothing illegal if they are not below fourteen years and are not put into hazardous work. I don't think that an establishment meant for caring for the aged involves hazardous activity in which children cannot be employed, as per the Child Labour (Prohibition and Abolition) Act, 1986.
When deciding the coverage of your part-time employee, the physiotherapist, what we have to consider is his notional salary and not the exact salary paid. For example, if his daily remuneration for two hours is Rs 500, then his notional wage for a day of 8 hours would be Rs 2000, and the monthly pay would be more than Rs 21000, making him ineligible for ESI coverage. Please correct me if I am wrong.
Madhu T K
From India, Kannur
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When deciding the coverage of your part-time employee, the physiotherapist, what we have to consider is his notional salary and not the exact salary paid. For example, if his daily remuneration for two hours is Rs 500, then his notional wage for a day of 8 hours would be Rs 2000, and the monthly pay would be more than Rs 21000, making him ineligible for ESI coverage. Please correct me if I am wrong.
Madhu T K
From India, Kannur
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