Mr.sanagapalli VR Dear Sir, Thanks for your valuable suggestion and updating my knowledge about latest amendment in ESIC Coverage. Thanks & Regards Rajiv Singh
From India
Dear Members,

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9867670755

From India, Mumbai
Dear Friends
one of my friend is recently joined in a construction company which is in existence since 2003.But so far they are not having any provision for ESI or PF till now.Even they are not having the proper workers list of their past projects.As my friend is asked to tackle and streamline the process in consultation with the PF and ESI,Can any one throw the idea about how to solve the past issues and go about in this case
RAY

From India, Madras
Hi Friends,
ESIC coveragr is who have getting below 15000 gross and 10 are more employees working in any Organisation or establishment they are eligible in ESIC
Please see the amendment given below.
Regards
GOPI.

From India, Hyderabad
Attached Files (Download Requires Membership)
File Type: pdf ESIC Notification.pdf (153.1 KB, 221 views)

Dear Team Member,
ESI corporation could adopt this crude methodology as the definition of employee u/s 2 (9) the phrase "employed for wages" is used.
The Hon'ble Supreme Court held in the above case that in the light of the above phraseology the ESI corporation can not determine coverage by head count, but should rather verify whether the employees within the prescribed wage ceiling, as given in the proviso to Sec 9 of the ESI Act, must be 10/20 to attract coverage for the factory/establishment.
With Regards,
Ashish K Sharma
Team-HR

From India, Gurgaon
Dear Ashish...........u are un necessarily mis guiding the members.... when we are in the HR line......we should up date with the latest amendments and facts of various laws.....
In the recent amendments, ESIC has changed the definition of the factory in its definition under Act.......as persons instead of employees......and concept of power is also deleted.....
With this back ground "Head Count" is enough for deciding the coverage of any factory/estt......... This amendments are effective w.e.f. 01.06.10..
all the best.......

From India, Hyderabad
Dear Mr. SP,

The intention of re-submitting my email is not to mis-lead my collegues but to discuss & clear the Law point.

Kindly go through between the lines and revert, because, ESIC is not applicable in sonesur case (MR. Shiva)

M.M. Suri & Associates Pvt Ltd v ESIC (1999 I LLJ 13 SC) the question was whether the ESI corporation could adopt this crude methodology as the definition of employee u/s 2 (9) the phrase "employed for wages" is used. The Hon'ble Supreme Court held in the above case that in the light of the above phraseology the ESI corporation can not determine coverage by head count, but should rather verify whether the employees within the prescribed wage ceiling, as given in latest Sec 9 provision of ESI Act, must be 10 or more to attract coverage for the factory/establishment.

--can any one have more detail of this case law or any amendment in the ACT done by the parliment after this decision?

& if this is the latest finding our SC ,then i think postion is clear what I briefed earlier.

With Regards,

Ashish K Sharma,

Team-HR

" Courage is not the strength to go on, it is to go on when you dont have strength "

From India, Gurgaon
Dear All,
Please help me with ESI is applicable for?
it a software & hardware company, i have 126 employees who's salary range is more than 15001 and
nearly 86 employees salary below 15000 as said by ESI we are paying esi to 86 employees
for the above 126 employees mediclame is must or not should company provide it or not
kindly help me fot it
sam.t

From India, Chennai
For verifying the applicability we should consider all no of employees who are working under us. But whereas Deduction liability will be only for who are having less than Rs.15000 as Basic salary but not Net pay. Rate of ESIC Contribution will be applied on Net Pay.
From India, Chennai
Dear Sir What is the minimum number of employees required for applicability of ESI and PF Regards Vipan Jogi
From India, Jalandhar
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