Dear All,
Could you anybody help me out by furnishing the answer to below mentioned
Question...?
If an employer is providing the better medical facilities, benefits compared to ESI act,
Whether can he seek any exemptions under ESI Act? If it is possible, please specify the
Section Details of ESI act.?
Regards,
Vighneshwar Hegde
From India, Belgaum
1Could you anybody help me out by furnishing the answer to below mentioned
Question...?
If an employer is providing the better medical facilities, benefits compared to ESI act,
Whether can he seek any exemptions under ESI Act? If it is possible, please specify the
Section Details of ESI act.?
Regards,
Vighneshwar Hegde
From India, Belgaum
No way to exempt from ESIC, if your establishment area is covered under ESI implementation, it will be considered as add-on benefits for your employee, you will not have any benefit out of that especially for having exemption from ESI contribution.
From Singapore
From Singapore
If employer could prove to ESI Commisioner that he had better facility for his workers than ESi then Commissioner may exempt the establishment from ESI coverage. But it is very tricky ; not an easy task to convince the commissioner.....
From India, Pune
From India, Pune
Yes what Mr Varghese Mathew and Prashanth is right.
Section 87 reads as below:
"Exemption of a factory or establishment or class of factories or establishments. — The appropriate Government may by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notifi¬cation renew any such exemption for periods not exceeding one year at a time."
"Provided that such exemptions may be granted only if the employees’ in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act"
Vighneshwar
From India, Belgaum
Section 87 reads as below:
"Exemption of a factory or establishment or class of factories or establishments. — The appropriate Government may by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notifi¬cation renew any such exemption for periods not exceeding one year at a time."
"Provided that such exemptions may be granted only if the employees’ in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act"
Vighneshwar
From India, Belgaum
If U have better care than what is available under ESI scheme exemption is possible. The added advantage is if the employer either runs a full fledged hospital or referral arrangements with hospitals "with or without cash less" service, the employees wud save ESI contribution money and facilities are available free of charge. Go ahead friends.
From India, Bangalore
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
ESI Amendment Act 2010-Gazette Notification-01 -06-10.pdf
FORMS under the ESI Act.doc