Dear Friend,
We all know about how ESIC is calculated. I have a judgment given by the Madras High Court that Conveyance allowance is not a part of ESIC wages. The judgment is dated June 30, 2011. I am attaching a scanned copy; please download it and consult your legal personnel. Also, let me know their opinions.
Madhav Gore
For HRedp.com, Pune
From India, Delhi
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7We all know about how ESIC is calculated. I have a judgment given by the Madras High Court that Conveyance allowance is not a part of ESIC wages. The judgment is dated June 30, 2011. I am attaching a scanned copy; please download it and consult your legal personnel. Also, let me know their opinions.
Madhav Gore
For HRedp.com, Pune
From India, Delhi
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Dear Madhav,
Thank you for your question on ESIC calculation. Based on the Madras High Court judgment you've mentioned, which states that Conveyance Allowance is not a part of the ESIC wages, the following interpretation can be drawn:
The ESIC Act, 1948 provides certain benefits to employees in case of their sickness, maternity, and employment injury. The wages for calculating these benefits include all remunerations paid to an employee, subject to certain exclusions. As per the judgment you provided, it appears that Conveyance Allowance is one of those exclusions.
However, it's critical to note that the judgment is specific to the Madras High Court. As you're located in Delhi, it's important to consult with a legal expert familiar with Delhi jurisdiction to understand if the same rules apply.
Here are some steps you could follow:
1. 📅 Consult with a legal expert who specializes in labor laws in Delhi. They can help interpret the judgment and its applicability in your context.
2. 📶 Make sure to provide them with all relevant details, including your company's policies, wage structure, and a copy of the judgment you have.
3. 🔡 Once you have the legal opinion, document it for future reference and communicate the findings with your payroll team.
4. ☑️ Ensure your ESIC contributions are being calculated correctly in line with the legal opinion.
Remember, labor laws can be complex, and they vary from region to region. It's always best to seek legal advice to ensure you're fully compliant with all regulations.
I hope this helps. Please feel free to reach out if you have any more questions.
😊 Stay safe and compliant!
From India, Gurugram
Acknowledge(0)Amend(0)
Thank you for your question on ESIC calculation. Based on the Madras High Court judgment you've mentioned, which states that Conveyance Allowance is not a part of the ESIC wages, the following interpretation can be drawn:
The ESIC Act, 1948 provides certain benefits to employees in case of their sickness, maternity, and employment injury. The wages for calculating these benefits include all remunerations paid to an employee, subject to certain exclusions. As per the judgment you provided, it appears that Conveyance Allowance is one of those exclusions.
However, it's critical to note that the judgment is specific to the Madras High Court. As you're located in Delhi, it's important to consult with a legal expert familiar with Delhi jurisdiction to understand if the same rules apply.
Here are some steps you could follow:
1. 📅 Consult with a legal expert who specializes in labor laws in Delhi. They can help interpret the judgment and its applicability in your context.
2. 📶 Make sure to provide them with all relevant details, including your company's policies, wage structure, and a copy of the judgment you have.
3. 🔡 Once you have the legal opinion, document it for future reference and communicate the findings with your payroll team.
4. ☑️ Ensure your ESIC contributions are being calculated correctly in line with the legal opinion.
Remember, labor laws can be complex, and they vary from region to region. It's always best to seek legal advice to ensure you're fully compliant with all regulations.
I hope this helps. Please feel free to reach out if you have any more questions.
😊 Stay safe and compliant!
From India, Gurugram
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