I am a consultant, last week I added one of my clients, as an employee. But ESIC officers did not agree to add him as IP in ESIC. What is the rule regarding adding of the employer as IP in ESIC.
From India, Thrissur
From India, Thrissur
4
Your description is not clear to me. However I could guess you had employed a person who was (is ?) once your client. But he's not now your client. Am I correct ? So what ?
As per the definition an 'employee' means -
Section 2(9) in The Employees' State Insurance Act, 1948. (9) “employee” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and(9) “ employee ” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and —
(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere ; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment ; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service ; 2[and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment ;
1[or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), 2[and includes such person engaged as apprentice whose training period is extended to any length of time]
Now, you find your answer yourself how does your 'client' not fitting into this category.
From India, Bangalore
As per the definition an 'employee' means -
Section 2(9) in The Employees' State Insurance Act, 1948. (9) “employee” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and(9) “ employee ” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and —
(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere ; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment ; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service ; 2[and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment ;
1[or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), 2[and includes such person engaged as apprentice whose training period is extended to any length of time]
Now, you find your answer yourself how does your 'client' not fitting into this category.
From India, Bangalore
It seems to me that the queriest is a Labour Law Consultant. He is in fixed due to inadequate knowledge in his field and asking for help from us.
My understanding is, the queriest enrolled his client i.e. the owner of the establishment as IP under ESIS and the authority objected to it.
You can enroll the director or owner of the company as IP under the ESIS provided he is paid remuneration and such remuneration should be less than Rs. 21000/- p.m.
Ref: Supreme Court in Apex Engineering
Director of a Company is receiving remuneration for discharge of any duty then the Director will come under the definition of "employee" under Section 2(9) of the ESI Act, 1948.
Hope I made the issue very clear to all. Any deviation to it, is welcome with direct supporting.
From India, Mumbai
My understanding is, the queriest enrolled his client i.e. the owner of the establishment as IP under ESIS and the authority objected to it.
You can enroll the director or owner of the company as IP under the ESIS provided he is paid remuneration and such remuneration should be less than Rs. 21000/- p.m.
Ref: Supreme Court in Apex Engineering
Director of a Company is receiving remuneration for discharge of any duty then the Director will come under the definition of "employee" under Section 2(9) of the ESI Act, 1948.
Hope I made the issue very clear to all. Any deviation to it, is welcome with direct supporting.
From India, Mumbai
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