I have an query in regards to ESIC. As per my knowledge ESIC is applicable to the Company where 20 or above 20 employees are employed. But i have been informed that if out of 20 employee, 3 employee are crossing the limit of 21000/- then the Company is not liable to registered for ESIC.
From India, Mumbai
1From India, Mumbai
To apply for ESIC you need 20 or more than 20 employees who are having their salary =or below 21000/-
From India, Mumbai
From India, Mumbai
No.Your information is wrong. There are amendments to ESI Act in this regard. Accordingly a factory or an establishment located in the notified area employing 10 or more persons are covered by ESI Act irrespective whether the employees are drawing wages more than 21000/-p.m. All most all States amended the ESI Act bringing establishments employing 10 or more persons under the purview of the Act.
B.Saikumar
HR & Labour Relations Adviser.
From India, Mumbai
B.Saikumar
HR & Labour Relations Adviser.
From India, Mumbai
Dear Mr. B. Sai kumar , Do you have any Notification for ESI Amendment as you wrote please share it will be more appreciated. Regards Chandra Prakash Singh
From India, Noida
From India, Noida
Dear Shri Chandra Prakash Singh
I request you go through Sec.(1) (4) and (5) of the ESI Act so far as coverage of establishments are concerned.
Section 1(4) states that the Act shall apply in the first instance to all factories including those belonging to the Government. Then what is a factory under ESI Act? Sec.1(12) of the Act defines "factory" as any premises including the precincts there of whereon ten or more persons are employed in the manufacturing process carried on such premises.The definition of factory u/Sec.1(12) was amended in 2010 by an amending Act. You can find the amended section.1(12) in the Act itself. So it is clear that all factories employing 10 or more persons are covered.
So far as non-factory establishments are concerned like commercial establishments etc.the respective State Governments issued notifications u/Sec.1(5) to bring down the threshold limit of coverage from 20 employees to 10 employees in establishments located in their respective States ( excluding those under the control of Central Government) under the purview of the ESI Act so that there is uniformity among all States in respect of coverage under the Act. So each State Government issued such notifications. So you need to check with your State's labour department or ESI office in your locality for such notification.
B.Saikumar
HR & Labour Relations Adviser
From India, Mumbai
I request you go through Sec.(1) (4) and (5) of the ESI Act so far as coverage of establishments are concerned.
Section 1(4) states that the Act shall apply in the first instance to all factories including those belonging to the Government. Then what is a factory under ESI Act? Sec.1(12) of the Act defines "factory" as any premises including the precincts there of whereon ten or more persons are employed in the manufacturing process carried on such premises.The definition of factory u/Sec.1(12) was amended in 2010 by an amending Act. You can find the amended section.1(12) in the Act itself. So it is clear that all factories employing 10 or more persons are covered.
So far as non-factory establishments are concerned like commercial establishments etc.the respective State Governments issued notifications u/Sec.1(5) to bring down the threshold limit of coverage from 20 employees to 10 employees in establishments located in their respective States ( excluding those under the control of Central Government) under the purview of the ESI Act so that there is uniformity among all States in respect of coverage under the Act. So each State Government issued such notifications. So you need to check with your State's labour department or ESI office in your locality for such notification.
B.Saikumar
HR & Labour Relations Adviser
From India, Mumbai
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ESIC HANDICAPED EMPLOYEE REGISTRATION-23 0311PhyHEmp.pdf