I agree with the views expressed by Veda Team. I have already indicated in my remarks that ESI Act makes no difference between contractor employees or regular employees. It is a system of social insurance and is compulsory and some official is required to check the compliance made and principal employer is responsible for any failure of compliance.
It makes no difference if you cover the employees through personal medi-claim insurance/any Insurance company since still compliance is to be made under ESI Act. Further compliance of ESI has no relation with grant of status of permanency status to any contract employees.
With regards;
Harsh Kumar Mehta
From India, Noida
923It makes no difference if you cover the employees through personal medi-claim insurance/any Insurance company since still compliance is to be made under ESI Act. Further compliance of ESI has no relation with grant of status of permanency status to any contract employees.
With regards;
Harsh Kumar Mehta
From India, Noida
Mr. Mahendran,
Just have a look the post which has bee posted by you....
When yu start paying contributions for those 4 people yu have the risk of givng them an oppurtunity to claim permanency .
When ESI is not an option try complying with Employees compensation Insurance available with many insurance companies.
Or you can cover them in personal accident policy or a mediclaim policy through the contractor and the same can be reimbursed in his bills,
Even Supreme Court also given very clear cut judgement stating that, contract worker can not claim permanency from the company based on ESIC & EPF contribution paid by the Company or principal employer. so then where is question of permanency??? How cum ESIC can be option in this case ????
From India, Madras
Just have a look the post which has bee posted by you....
When yu start paying contributions for those 4 people yu have the risk of givng them an oppurtunity to claim permanency .
When ESI is not an option try complying with Employees compensation Insurance available with many insurance companies.
Or you can cover them in personal accident policy or a mediclaim policy through the contractor and the same can be reimbursed in his bills,
Even Supreme Court also given very clear cut judgement stating that, contract worker can not claim permanency from the company based on ESIC & EPF contribution paid by the Company or principal employer. so then where is question of permanency??? How cum ESIC can be option in this case ????
From India, Madras
Dear sir, I want to know whether mother and father in law of women employee comes under definition of family under ESIC act. Rajneesh Kulshreshtha
From India, New Delhi
From India, New Delhi
Respected
rajneeshkulshreshth
these all doubts will get cleared if u file online monthly returns & if u upload new employees data to a online ESIC portal.
as per my experience with the ESIC portal (Means this is the final judgment step that these persons will get benefit or not)
if she did't uploaded the the spouse details then she can add her father & mother names
if a female person uploaded her spouse then tshe cant upload her Father & mother means they won't get the benefits. hear she can upload her Father-in-law & Mother-in-law
like this the ESIC portal works according to this only the the ESI Pehachan card will generate & ESI hospital also work
From India, Hyderabad
rajneeshkulshreshth
these all doubts will get cleared if u file online monthly returns & if u upload new employees data to a online ESIC portal.
as per my experience with the ESIC portal (Means this is the final judgment step that these persons will get benefit or not)
if she did't uploaded the the spouse details then she can add her father & mother names
if a female person uploaded her spouse then tshe cant upload her Father & mother means they won't get the benefits. hear she can upload her Father-in-law & Mother-in-law
like this the ESIC portal works according to this only the the ESI Pehachan card will generate & ESI hospital also work
From India, Hyderabad
Hi, Rajneesh Kulshreshtha
Clause (6A) of Section 2 of the ESI Act says that a “dependant” means any of the relatives of a
deceased insured person, namely :-
(i) *A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter;
(ia) widowed mother;
(ii) if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or
adopted son or daughter who has attained the age of ** twenty five years and is infirm;
(iii) if wholly or in part dependent on the earnings of the insured person at the time of his death –
(a) a parent other than a widowed mother,
(b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or
illegitimate, if married and a minor or if widowed and a minor,
(c) a minor brother or an unmarried sister or a widowed sister, if a minor,
(d) a widowed daughter-in-law,
(e) a minor child of a predeceased son,
(f) a minor child of predeceased daughter where no parent of the child is alive, or
(g) a paternal grand parent if no parent of the insured person is alive.
* w.e.f. 1.6.2010, item (i) above has been changed to read, “A widow,a legitimate or adopted son who has
not attained the age of twenty five years, an unmarried legitimate or adopted daughter.”
** w.e.f. 1.6.2010
The Family excludes the following:
i) Married daughter even if minor,
ii) Minor brothers and sisters even if dependent,
iii) Parents who are not dependent,
iv) Grand children, even if dependent,
v Mother – in – law and father - in – law of an Insured woman even if dependent.[/COLOR]
Details of the scope of family have however been elaborated in the chapter III,
Medical Benefit, and should be kept in mind.
(c) New born babies: For the addition of new born babies in Family Identity Card, IP
has to apply to Local Office through his employer in the Form 1-B with in 15 days of
the birth.
(d) In case of death of IP, his family is entitled to Medical Benefit upto the date IP would
have continued to be entitled for the same if he had survived.
From India, Madras
Clause (6A) of Section 2 of the ESI Act says that a “dependant” means any of the relatives of a
deceased insured person, namely :-
(i) *A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter;
(ia) widowed mother;
(ii) if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or
adopted son or daughter who has attained the age of ** twenty five years and is infirm;
(iii) if wholly or in part dependent on the earnings of the insured person at the time of his death –
(a) a parent other than a widowed mother,
(b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or
illegitimate, if married and a minor or if widowed and a minor,
(c) a minor brother or an unmarried sister or a widowed sister, if a minor,
(d) a widowed daughter-in-law,
(e) a minor child of a predeceased son,
(f) a minor child of predeceased daughter where no parent of the child is alive, or
(g) a paternal grand parent if no parent of the insured person is alive.
* w.e.f. 1.6.2010, item (i) above has been changed to read, “A widow,a legitimate or adopted son who has
not attained the age of twenty five years, an unmarried legitimate or adopted daughter.”
** w.e.f. 1.6.2010
The Family excludes the following:
i) Married daughter even if minor,
ii) Minor brothers and sisters even if dependent,
iii) Parents who are not dependent,
iv) Grand children, even if dependent,
v Mother – in – law and father - in – law of an Insured woman even if dependent.[/COLOR]
Details of the scope of family have however been elaborated in the chapter III,
Medical Benefit, and should be kept in mind.
(c) New born babies: For the addition of new born babies in Family Identity Card, IP
has to apply to Local Office through his employer in the Form 1-B with in 15 days of
the birth.
(d) In case of death of IP, his family is entitled to Medical Benefit upto the date IP would
have continued to be entitled for the same if he had survived.
From India, Madras
Dear Sir,
If your factory/estb in ESIC coverage area, every employees who are drawing salary upto Rs. 15000/- p.m. should be registered under ESIC Act. But your canteen contractor is not registered under ESIC Act, advisable, you don't registered all 4 canteen employees under your code no as they may claim as your company's employees, definitely they will challenge in court as all of them are covered under your company code, legally they will your employees.
Recommended - You have to suggest canteen contractor that hire third party payroll/ outsourced the payroll and enroll them under their ESIC code, then you will be safe and contractor also will safe and all employees will be enrolled under ESIC.
Regards,
N. Dilip
Vidarbha Industries
Labour Law Consulting, Auditing, Payroll Outsourcing
Navi Mumbai
Cell # 86555 76111
From India, Mumbai
If your factory/estb in ESIC coverage area, every employees who are drawing salary upto Rs. 15000/- p.m. should be registered under ESIC Act. But your canteen contractor is not registered under ESIC Act, advisable, you don't registered all 4 canteen employees under your code no as they may claim as your company's employees, definitely they will challenge in court as all of them are covered under your company code, legally they will your employees.
Recommended - You have to suggest canteen contractor that hire third party payroll/ outsourced the payroll and enroll them under their ESIC code, then you will be safe and contractor also will safe and all employees will be enrolled under ESIC.
Regards,
N. Dilip
Vidarbha Industries
Labour Law Consulting, Auditing, Payroll Outsourcing
Navi Mumbai
Cell # 86555 76111
From India, Mumbai
Hi
if we see from the angle of covering under ESI and administrative convenience, we may need to bear with heavy penalities and liablity under the word compliance in case of any eventuality. Hence, advise canteen contractor to registered with ESI. This will protect your company n employer.
From India, Hyderabad
if we see from the angle of covering under ESI and administrative convenience, we may need to bear with heavy penalities and liablity under the word compliance in case of any eventuality. Hence, advise canteen contractor to registered with ESI. This will protect your company n employer.
From India, Hyderabad
Hi MUBASHIRA.S.M,
You can pay the employees ESI contribution only ( Not PF) in your company's Account and the amount of 6.5% can be charged to the caterer , since ESIC provides not only medical benefits but also covers hospital expenditure and 50% salary is paid by ESIC in case of sick leave.
In a nut shell it is better to cover under ESI act, also even if the employee leave the job he/she will get six month medical benefits.
Thanks
B.V. RAGHUNATH
From India, Bangalore
You can pay the employees ESI contribution only ( Not PF) in your company's Account and the amount of 6.5% can be charged to the caterer , since ESIC provides not only medical benefits but also covers hospital expenditure and 50% salary is paid by ESIC in case of sick leave.
In a nut shell it is better to cover under ESI act, also even if the employee leave the job he/she will get six month medical benefits.
Thanks
B.V. RAGHUNATH
From India, Bangalore
Hi Freidns thanks for your valuable reply. Please also note that In our company ESI is not applicable in our unit where I am setting and our one of the unit is in under cover of ESI which is 40 km away from my present location. So, Please guide me how can I pay ESI.?
Also guide me for all ESI related work. Because I am not aware about ESI. and now i have to work....
Our consultant doing all these activities but he not maintain any records and even I am newly joined this company before 3 months so I am not aware about any thing. So, please guide me what should I do?
I want to take over the all activities related to ESI from consultant. SO, please help me... and please keep in mind I am not aware about any thing about this act and process so, please.. help me for this serious matter.
From India, Ahmedabad
Also guide me for all ESI related work. Because I am not aware about ESI. and now i have to work....
Our consultant doing all these activities but he not maintain any records and even I am newly joined this company before 3 months so I am not aware about any thing. So, please guide me what should I do?
I want to take over the all activities related to ESI from consultant. SO, please help me... and please keep in mind I am not aware about any thing about this act and process so, please.. help me for this serious matter.
From India, Ahmedabad
Hi Disha
As per your first question, you have to enroll all employees of the unit which is in ESI Coverage area, and take Workmen Compensation Policy of all employee who are working in the unit which is not in ESI coverage area (you have to confirm first otherwise enroll all employees under ESIC).
Secondly, if you wants to take over all compliance work form your consultant, take password of ESI to file monthly contribution online, other related documents and record which he have. And you will get all record online which work done by consultant.
You have to go on www.esi.nic.in website of ESI log in overthere (put 17 digit your estb code no in Log in id and password) and click 'file monthly contribution' then put the gross salary and worked days -click the submit button - new window will appear - create challan / pay online, choose whatever you wants to do. if any problem call to nearest ESI office customer care/facilitation center.
Regards,
Dilip Nandanwar
Vidarbha Industries
(Labour Law Consulting, Payroll Outsourcing, Auditing, Contracting)
Navi Mumbai
Br. Off. - Nagpur
Cell # 86555 76111
From India, Mumbai
As per your first question, you have to enroll all employees of the unit which is in ESI Coverage area, and take Workmen Compensation Policy of all employee who are working in the unit which is not in ESI coverage area (you have to confirm first otherwise enroll all employees under ESIC).
Secondly, if you wants to take over all compliance work form your consultant, take password of ESI to file monthly contribution online, other related documents and record which he have. And you will get all record online which work done by consultant.
You have to go on www.esi.nic.in website of ESI log in overthere (put 17 digit your estb code no in Log in id and password) and click 'file monthly contribution' then put the gross salary and worked days -click the submit button - new window will appear - create challan / pay online, choose whatever you wants to do. if any problem call to nearest ESI office customer care/facilitation center.
Regards,
Dilip Nandanwar
Vidarbha Industries
(Labour Law Consulting, Payroll Outsourcing, Auditing, Contracting)
Navi Mumbai
Br. Off. - Nagpur
Cell # 86555 76111
From India, Mumbai
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