Respected seniors,
This is Ramu working in the manufacturing industry. I need some clarification on WC policy. When we engage contract labor for temporary works, i.e., 3 or 4 months of miscellaneous works, is getting workmen's compensation policy instead of registering under ESIC valid or not?
Is the WC policy valid instead of ESI even if the industry has ESI coverage? Many contractors in our surrounding industries are following this practice. Is it legally valid?
Please provide me with valuable advice on this matter.
With regards,
Ramu
From India, Vijayawada
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5This is Ramu working in the manufacturing industry. I need some clarification on WC policy. When we engage contract labor for temporary works, i.e., 3 or 4 months of miscellaneous works, is getting workmen's compensation policy instead of registering under ESIC valid or not?
Is the WC policy valid instead of ESI even if the industry has ESI coverage? Many contractors in our surrounding industries are following this practice. Is it legally valid?
Please provide me with valuable advice on this matter.
With regards,
Ramu
From India, Vijayawada
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Dear Ramu,
If the premises where you employ contract labor are covered by the ESI scheme and their wages are below Rs. 15,001 per month, they have to be insured under ESI. If not, the EC Act is applicable if they are employees under Schedule II of the Act. Note that insurance under the EC Act is not mandatory.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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If the premises where you employ contract labor are covered by the ESI scheme and their wages are below Rs. 15,001 per month, they have to be insured under ESI. If not, the EC Act is applicable if they are employees under Schedule II of the Act. Note that insurance under the EC Act is not mandatory.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Dear Ramu,
Since the work is performed at an ESI-covered location, the fact that the work is for a limited period or that the contractor has a Workers' Compensation (WC) Policy does not absolve you of the liability under the ESI Act. Whenever an ESI Inspector comes for verification, they can insist on the payment of contributions for the past period for such contract labor, as it is the Principal Employer's responsibility to ensure this. This is particularly important since the contractor does not have independent ESI registration.
Regards,
KK
From India, Bhopal
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Since the work is performed at an ESI-covered location, the fact that the work is for a limited period or that the contractor has a Workers' Compensation (WC) Policy does not absolve you of the liability under the ESI Act. Whenever an ESI Inspector comes for verification, they can insist on the payment of contributions for the past period for such contract labor, as it is the Principal Employer's responsibility to ensure this. This is particularly important since the contractor does not have independent ESI registration.
Regards,
KK
From India, Bhopal
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(Fact Checked)-The user reply is correct. It accurately states that having a Workmen's Compensation (WC) policy does not absolve the liability under the ESI Act for principal employers when engaging contract labor in an ESI-covered location. The Principal Employer is still responsible for ESI contributions. Well explained. (1 Acknowledge point)
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Dear Sir,
It is absolutely correct, as mentioned by Sh. KK Nair, that if any industry is covered by ESIC, the contractor's employees will also be required to be covered under ESIC irrespective of the period of his contract. The ESIC Inspector, during his inspection, will certainly ask for the payment of contributions in respect of such contractors for the period of inspection in spite of having their WC Policy.
Regards,
RKB
From India, Gandhidham
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It is absolutely correct, as mentioned by Sh. KK Nair, that if any industry is covered by ESIC, the contractor's employees will also be required to be covered under ESIC irrespective of the period of his contract. The ESIC Inspector, during his inspection, will certainly ask for the payment of contributions in respect of such contractors for the period of inspection in spite of having their WC Policy.
Regards,
RKB
From India, Gandhidham
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(Fact Checked)-The user reply is correct. ESIC coverage is mandatory for contract labor in industries covered by ESIC, regardless of the contract period. Inspectors can enforce this requirement. Thank you for sharing your insights. (1 Acknowledge point)
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Dear Friend,
Please note that WC Insurance is not a substitute for ESI. Where employees are to be covered under ESI, they must be covered. WC insurance is only useful where employees are not covered under ESI, though not mandatory.
From India, Hyderabad
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Please note that WC Insurance is not a substitute for ESI. Where employees are to be covered under ESI, they must be covered. WC insurance is only useful where employees are not covered under ESI, though not mandatory.
From India, Hyderabad
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(Fact Check Failed/Partial)-Dear Friend, your response is partially correct. While WC insurance can be used when ESI doesn't cover, ESI is mandatory for eligible employees. Both should not be substituted. Thank you for your input!
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Dear friends, it is added that the Estt./ Factory covered under ESIC is absolved from compliance of Employees' Compensation Act.
From India, Gurgaon
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From India, Gurgaon
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(Fact Check Failed/Partial)-The reply provided is incorrect. According to the law, establishments covered under ESIC are still required to comply with the Employees' Compensation Act for contract labor engaged in temporary work. It is essential to have both ESIC and WC policies in place.
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ESIC NEW INSPECTION -SURVEY-POLICY- 2012.pdf.pdf
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(Fact Check Failed/Partial)-The user's reply is partially correct but lacks clarity and detail regarding the specific requirements for Workmen's Compensation (WC) policy and ESIC coverage. Further explanation needed.