Is it possible to cover ESI to some employees and WC to some other employees in ESI notified area as per engagement of workers(wages less than Rs. 15000/-) being engaged for long term and short terms basis respectively??
Please reply
regards
NKT
From United States, Cambridge
3Please reply
regards
NKT
From United States, Cambridge
As per my knowledge both the act cannot be implement together. If the premises comes under ESI implemented area than ESI is implied and if not than WC . Correct me if I am wrong... Regards Vikram
From India, Pune
From India, Pune
In an establishment covered by ESI, there should be Workmen Compensation Insurance taken for those employees who are out of the coverage of ESI. There is nothing wrong in having both ESI and WC Policy. In fact, ESI is also an insurance scheme for those who are covered by ESI. In an establishment in an area not notified by ESI, naturally the entire employees come under the Employees Compensation Act and as such they should be insured by the employer against risks of death and disabilities arising out accidents. Subsequently if that area is notified as covered by ESI, the WC cover taken for those employees who come under ESI can be discontinued and the cover in respect of others can be continued.
One thing should be remembered. Under the Workmen's (Employees) Compensation Act, it is the obligation of the employer to pay compensation to workers who meet with accidents and subsequently become disabled or die. This liability of the employer has been taken up by the Employees State Insurance Corporation in respect of covered employees and it is for that service also that the employer is making his contributions.
Regards,
Madhu.T.K
From India, Kannur
One thing should be remembered. Under the Workmen's (Employees) Compensation Act, it is the obligation of the employer to pay compensation to workers who meet with accidents and subsequently become disabled or die. This liability of the employer has been taken up by the Employees State Insurance Corporation in respect of covered employees and it is for that service also that the employer is making his contributions.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu:
My question is a bit different. Suppose there are two persons say X and Y working in an organization covered by ESI . Both of them have gross wages less than Rs. 15000/-. X is engaged for short term basis. Can an employer engage X on WC coverage and Y on ESI coverage??
regards.
NKT
From United States, Cambridge
My question is a bit different. Suppose there are two persons say X and Y working in an organization covered by ESI . Both of them have gross wages less than Rs. 15000/-. X is engaged for short term basis. Can an employer engage X on WC coverage and Y on ESI coverage??
regards.
NKT
From United States, Cambridge
Since all employees under the wages of Rs 15000 are compulsorily covered by ESI, whether employed for a long term or short term basis, you are expected to cover both X and Y under ESI. As in respect of an employee covered under ESI the ESI Corporation will take care of the compensation matters in case of death or disablement, there is no need to take separate cover under the WC Act.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear madhu,
i have one question in this regard. If i appoint one person at site with gross salary less than 15000 where ESI is not applicable, but the recruitment done from Head Office where ESI is applicable. What can i do in this circumstances>>> kindly advice
From India
i have one question in this regard. If i appoint one person at site with gross salary less than 15000 where ESI is not applicable, but the recruitment done from Head Office where ESI is applicable. What can i do in this circumstances>>> kindly advice
From India
If he is to work at site which is in a non implemented area for more than seven months in a year, then you need not cover him. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Thanks for your guidance! But will you suggest some authentic data base for the same on which basis i will be able to convince my superior Thanks & Regards, Ram Ahir
From India
From India
Please find the attachments. The workers at site are now covered by ESI. However, the rule relating to workers who are working in a non implemented remains the same. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Dear Experts,
In my opinion it is better to have exempted from ESIC as its too difficult for the Employee to get treatment without having trouble free. Also for any procedure whether for him or for his family he has to make several rounds from Local office to Establishment to Dispensar / Hospital / Doctors of ESIC.
Rgds,
Arihant
From India, Surat
In my opinion it is better to have exempted from ESIC as its too difficult for the Employee to get treatment without having trouble free. Also for any procedure whether for him or for his family he has to make several rounds from Local office to Establishment to Dispensar / Hospital / Doctors of ESIC.
Rgds,
Arihant
From India, Surat
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WC Amendment Act 2009.doc
WC Act.ppt