Please review the following site: [ESIC](http://esic.nic.in/).
Thank you.
From India, Madras
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2Thank you.
From India, Madras
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Hello Suman
There is some error in the reply of malikjs and amit lycos, I am sorry to say so. It appears that they are not aware of the famous Supreme Court judgment in Suri Case, some years back.
Let me make it clear that as per final judgement of Supreme Court only those drawingt Rs 10000 or beloe per month can be counted for the purpose of payment of ESI contribution as well for the purpose of determining whether the factory or Establishment is coverable under the ESI Law. This is final. I have in this very site few month back gave exhaustive reply and illustration on this point and I think you can search this site and get the illustration.
If the ITES or IT unit is only providing softwre support, call centre and such services, without providing any hardware support, repair, maintenance etc, it will come under the category of Establishment/Shop and not factory. But if there is any manufacturing process including mass printing of information etc. it will come under the category of Factory. For factory the required number of employee is 10 to come under ambit of ESI scheme and for Establishment (Shop) it is 20. That means the number of employees drawing Rs 10000 per month or below should be 10 or 20 (for factory and establishment). For Eg, in an establishment there are total 100 employees and 81 of them draws monthly "Wage" above Rs 10000 and only 19 draws Rs 10000 or below, then that establishment will not be covered under ESI Act. In what is called as Suris case, Supremen Court has clarified and I am not aware of any amendment by Parlisment to get over this judgment thought ESI department was trying this.
Now the word "Wage" is defined in Sec 2 (22) of the ESI act, as all cash compensation paid in consideration of work including additional money paid in periodicy less than two month. Employers contribution to ESI, EPF, Gratuity and superannuation Scheme, Annual Bonus, facilities given in kind like house, free food and reimbursement given for educational expences of child, housing, medical care etc will not be counted. Only cash payment is taken. In this "Fixed conveyance allowance" (different from reimbursement of conveyance allowance for duty or actual reimbursement as per ticket) will be treated as Wage. Whatever is defined as wage will be treated as wage for the purpose of deciding coverage and payment of contribution. For Eg. if a employees has Rs 9800 as basic, Da and other cash allowance and 300 as "fixed conveyance allownce' then his month wage is abov e Rs 10000 and he is not covered. If wearing of Unifvorm is compulsory, then washing allowance will not be treted as wage.
If you still have some doubt you need to give the wage structure for your employees and then get a reply since different companies have different nomenclature.
O. Abdul Hameed
Formerlhy Additiona Commissioner
ESI Corporation New Delhi
Now General Manager, Private Company
From India, Coimbatore
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There is some error in the reply of malikjs and amit lycos, I am sorry to say so. It appears that they are not aware of the famous Supreme Court judgment in Suri Case, some years back.
Let me make it clear that as per final judgement of Supreme Court only those drawingt Rs 10000 or beloe per month can be counted for the purpose of payment of ESI contribution as well for the purpose of determining whether the factory or Establishment is coverable under the ESI Law. This is final. I have in this very site few month back gave exhaustive reply and illustration on this point and I think you can search this site and get the illustration.
If the ITES or IT unit is only providing softwre support, call centre and such services, without providing any hardware support, repair, maintenance etc, it will come under the category of Establishment/Shop and not factory. But if there is any manufacturing process including mass printing of information etc. it will come under the category of Factory. For factory the required number of employee is 10 to come under ambit of ESI scheme and for Establishment (Shop) it is 20. That means the number of employees drawing Rs 10000 per month or below should be 10 or 20 (for factory and establishment). For Eg, in an establishment there are total 100 employees and 81 of them draws monthly "Wage" above Rs 10000 and only 19 draws Rs 10000 or below, then that establishment will not be covered under ESI Act. In what is called as Suris case, Supremen Court has clarified and I am not aware of any amendment by Parlisment to get over this judgment thought ESI department was trying this.
Now the word "Wage" is defined in Sec 2 (22) of the ESI act, as all cash compensation paid in consideration of work including additional money paid in periodicy less than two month. Employers contribution to ESI, EPF, Gratuity and superannuation Scheme, Annual Bonus, facilities given in kind like house, free food and reimbursement given for educational expences of child, housing, medical care etc will not be counted. Only cash payment is taken. In this "Fixed conveyance allowance" (different from reimbursement of conveyance allowance for duty or actual reimbursement as per ticket) will be treated as Wage. Whatever is defined as wage will be treated as wage for the purpose of deciding coverage and payment of contribution. For Eg. if a employees has Rs 9800 as basic, Da and other cash allowance and 300 as "fixed conveyance allownce' then his month wage is abov e Rs 10000 and he is not covered. If wearing of Unifvorm is compulsory, then washing allowance will not be treted as wage.
If you still have some doubt you need to give the wage structure for your employees and then get a reply since different companies have different nomenclature.
O. Abdul Hameed
Formerlhy Additiona Commissioner
ESI Corporation New Delhi
Now General Manager, Private Company
From India, Coimbatore
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Mr. Hameed, Thx for the wonderful information that u shared with us. This is the brief detail i wanted to know. Thanks again for ur help. Thanks Suman:-P
From India, Gurgaon
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From India, Gurgaon
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Hello Suman, visit this site for more info. Laws - Employees State Insurance Act, 1948
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Hello Suman,
Visit this site for more information: [Laws - Employees State Insurance Act, 1948](http://www.vakilno1.com/bareacts/employeesstateinsuranceact/employeesstateinsuranceact.htm).
From India, Madras
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Hello Suman,
Visit this site for more information: [Laws - Employees State Insurance Act, 1948](http://www.vakilno1.com/bareacts/employeesstateinsuranceact/employeesstateinsuranceact.htm).
From India, Madras
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Hi Friends,
Applicability of ESI Act & Rules:
(1) Factory employing 10 or more employees, whose wages do not exceed Rs. 10000/- per month.
(2) Manufacturing process being carried out without the aid of Power employing 20 or more employees.
(3) Establishments employing 20 or more employees, whose wages do not exceed Rs. 10000/- per month.
(4) Other establishments to which the Act has been made applicable by notifications.
Please revert if you need additional information or clarification.
Regards,
Shanmugham.K
info@vedaconsultants.com
From India, Madras
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Applicability of ESI Act & Rules:
(1) Factory employing 10 or more employees, whose wages do not exceed Rs. 10000/- per month.
(2) Manufacturing process being carried out without the aid of Power employing 20 or more employees.
(3) Establishments employing 20 or more employees, whose wages do not exceed Rs. 10000/- per month.
(4) Other establishments to which the Act has been made applicable by notifications.
Please revert if you need additional information or clarification.
Regards,
Shanmugham.K
info@vedaconsultants.com
From India, Madras
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Dear Mr. Hameed,
Thank you so much for the detailed clarification; however, I have one doubt regarding this. Let's suppose at one point we have 19 employees drawing wages less than 10k, and after six months, it increases to 22, then after another six months, it goes back to 18. In that case, what would be the treatment? Can the applicability under ESI be changed from time to time? And if the establishment is exempted from its compliance once the number of employees drawing wages less than 10K decreases to less than 20.
Looking forward to hearing from you.
Thanks,
Ravi Dua
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Thank you so much for the detailed clarification; however, I have one doubt regarding this. Let's suppose at one point we have 19 employees drawing wages less than 10k, and after six months, it increases to 22, then after another six months, it goes back to 18. In that case, what would be the treatment? Can the applicability under ESI be changed from time to time? And if the establishment is exempted from its compliance once the number of employees drawing wages less than 10K decreases to less than 20.
Looking forward to hearing from you.
Thanks,
Ravi Dua
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Dear Mr. Dua,
A factory or establishment, once covered under the ESI Act, will always be covered irrespective of the number of employees coming down. Section 1 (6) of the ESI Act states so. So, after crossing the limit of 10 (for a factory) or 20 (for other establishments) and coming under the scheme, it will remain under the scheme even if there is only one employee drawing Rs. 10,000 or below. In some cases, all the regular employees may exceed the limit of Rs. 10,000, but there may be casual, temporary, or contract workers drawing Rs. 10,000 or below, and even then, the unit is covered. However, you have to pay contributions only for those who are covered.
An employee who is once covered under the scheme will remain covered only until the end of the Contribution Period (April to September and October to March). This means if an employee was drawing Rs. 10,000 or below in the month of April, he will be covered. But if his wage increases above Rs. 10,000 in the next month, he will still be covered until September of that year and then go out of coverage.
I hope you are clear on this.
O. Abdul Hameed
Email: oahamid@yahoo.com
From India, Coimbatore
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A factory or establishment, once covered under the ESI Act, will always be covered irrespective of the number of employees coming down. Section 1 (6) of the ESI Act states so. So, after crossing the limit of 10 (for a factory) or 20 (for other establishments) and coming under the scheme, it will remain under the scheme even if there is only one employee drawing Rs. 10,000 or below. In some cases, all the regular employees may exceed the limit of Rs. 10,000, but there may be casual, temporary, or contract workers drawing Rs. 10,000 or below, and even then, the unit is covered. However, you have to pay contributions only for those who are covered.
An employee who is once covered under the scheme will remain covered only until the end of the Contribution Period (April to September and October to March). This means if an employee was drawing Rs. 10,000 or below in the month of April, he will be covered. But if his wage increases above Rs. 10,000 in the next month, he will still be covered until September of that year and then go out of coverage.
I hope you are clear on this.
O. Abdul Hameed
Email: oahamid@yahoo.com
From India, Coimbatore
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If the size of comapny is 55 enployee and out of which there are 10 employees who’s gloss salary is less than or equal to 10,000, is the ESI is applicable?
From India, Delhi
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From India, Delhi
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Hi Hameed,
I need clarification regarding the same. You mentioned that only those individuals who withdraw 10,000 or more than 10,000 are exempted from ESIC. However, based on my understanding, it is not the take-home amount but the gross amount that is considered in ESIC calculations. This means that if the gross amount is more than 10,000 or equal to 10,000, then the individual is exempted from ESIC.
Could you please clarify whether it is based on gross or net take-home pay?
Thank you.
From India, Calcutta
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I need clarification regarding the same. You mentioned that only those individuals who withdraw 10,000 or more than 10,000 are exempted from ESIC. However, based on my understanding, it is not the take-home amount but the gross amount that is considered in ESIC calculations. This means that if the gross amount is more than 10,000 or equal to 10,000, then the individual is exempted from ESIC.
Could you please clarify whether it is based on gross or net take-home pay?
Thank you.
From India, Calcutta
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